MARITAL OR FAMILY PROPERTY - Equalization or division - Considerations for unequal division - Conduct of parties - Generation of debt

Law360 Canada ( March 11, 2025, 10:49 AM EDT) -- Appeal by Appellant husband ("Appellant") from trial court's order in a divorce proceeding and motion to adduce fresh evidence. The trial court ordered the Appellant to pay child support, special expenses, and equalize matrimonial property with the Respondent wife ("Respondent"). On appeal, the Appellant argued that the trial judge erred in not admitting evidence of out-of-country debts, unfairly dividing only Canadian debts, and not directing an unequal division of debts. He also claimed that the judge improperly assessed his income for child support and demonstrated bias. The Appellant contended that the trial judge failed to consider certain out-of-country debts, specifically those incurred in Russia, which he argued should have been included in the division of matrimonial debts. He maintained that there was an agreement between him and the Respondent to divide debts based on their respective locations, with him handling Russian debts and her handling Canadian debts. The Appellant sought to introduce documentary evidence to prove that his wife was aware of all the debts he sought to have considered. However, he failed to provide sufficient documentary evidence to support the existence of the Russian debts during the trial. The Respondent did not participate in the appeal....
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