Following a combined family and civil trial, the court determined equalization, trust, limitation, and oppression issues arising from a long marriage, disputed asset transfers, and the management of a closely held corporation that owned a farm property.
The court rejected large portions of the respondent's fraud-based narrative, found several earlier oppression and fraudulent conveyance allegations statute-barred, but held that the applicant's post-May 2022 conduct in arranging the sale of the farm to an aligned family member and stripping the corporation of value was oppressive under the OBCA.
The court also recognized a 50% trust interest in the Blue Mountain chalet in favour of the respondent, excluded the Taylor Mills property as gifted property, reassessed the respondent's marriage-date and valuation-date business interests, and rejected several claimed trust-related deductions and adjustments.
Equalization of net family property resulted in a payment owing to the applicant, while a separate post-equalization oppression and punitive award was made in favour of the respondent.
