The appellant appealed a trial judgment regarding the equalization of net family property.
The Court of Appeal held that the trial judge erred in treating a debt extinguished by bankruptcy shortly after the marriage as a date of marriage debt, valuing it instead at zero based on the likelihood of repayment.
The Court also found the trial judge erred in setting aside a pre-trial settlement agreement regarding a leased car based on common mistake, as the mistake did not go to the root of the agreement and the respondent was partially at fault.
The trial judge's factual findings regarding the respondent's date of marriage debt and the appellant's post-separation use of a joint line of credit were upheld.
