MARITAL OR FAMILY PROPERTY - Equalization or division - Conduct of parties - Contribution of parties - Duration of marriage

Law360 Canada ( January 16, 2025, 9:08 AM EST) -- Appeal by appellant from order of the trial judge regarding their family law dispute. The parties were previously married and at trial, the appellant claimed equalization of net family properties, a declaration that the respondent held the matrimonial home in trust for both parties and spousal support. The judge dismissed the appellant's claims and granted certain relief to the respondent. The judge found that the respondent sold her business in China for a significant amount and used the funds to purchase the matrimonial home in her name. The judge concluded that the respondent paid for all expenses related to the home during the marriage. The judge also found that an equalization payment to the appellant would be unconscionable given factors such as the short duration of the marriage, the respondent's disproportionate financial contributions, and the appellant's lack of credibility. The judge awarded the respondent exclusive possession of the home, an unequal division of net family properties favouring her, and $75,000 in damages for the physical and psychological abuse she suffered from the appellant. However, the appellant raised multiple issues on appeal, including challenging the trial judge's findings regarding the source of funds used to purchase the home, the registration of the home solely in the respondent's name, the domestic abuse allegations, and the reliance on the prenuptial declaration. The appellant also sought to introduce fresh evidence on appeal....
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