The parties were married in 1987 and separated in 2015.
During the marriage, while living in Quebec, they signed two notarial instruments (in 1988 and 1990) adopting a 'separate as to property' regime and opting out of the Quebec family patrimony regime.
The applicant wife sought an equalization of net family property under the Ontario Family Law Act, arguing the Quebec instruments did not oust the Ontario equalization regime or, alternatively, should be set aside under s. 56(4) of the Act.
The court held that the Quebec instruments did not contain clear and cogent language addressing the relative economic positions of the parties upon marriage breakdown, and therefore did not oust the equalization provisions of the Act.
Alternatively, the court exercised its discretion to set aside the instruments under s. 56(4) because the respondent husband failed to disclose significant assets (his multi-million dollar inheritances) and the wife did not understand the nature and consequences of the contracts when she signed them.
The wife was permitted to proceed with her equalization claim.
