Tom Stone

The applicant sought equalization of net family property following the dissolution of her marriage.

The respondent's pleadings were struck for failing to fulfill financial disclosure obligations under the Family Law Rules, and the matter proceeded as an uncontested trial.

The court undertook a detailed valuation of the parties' real property holdings, farm equipment, and the respondent's LIRA pension, relying on MPAC assessments, appraisals, and available bank statements in the absence of disclosure from the respondent.

The court ordered the respondent to pay the applicant $229,896.35 as an equalization payment, less two advances totalling $69,657.21, for a net payment of $160,239.14, together with prejudgment interest and costs.

In a bifurcated family property trial involving an unmarried couple, the court addressed claims concerning a home on First Nation reserve land and allegations of unjust enrichment.

The responding party sought a proprietary interest and partition and sale under First Nation matrimonial property law and, alternatively, provincial partition legislation.

The court held that a non-band member could not be granted a beneficial interest in reserve land and rejected partition and sale as an available remedy on the facts and legal framework.

The court nevertheless found unjust enrichment and awarded a monetary remedy calibrated to contributions and the benefit received through rent-free occupation.

The applicant was ordered to pay damages with pre-judgment interest, and costs were left for further submissions if not agreed.

The appellants appealed the property assessment of their property, which had been contaminated by a formaldehyde spill from a transport truck accident.

The appellants argued the property had no market value and the assessment should be reduced to zero until remediation was complete.

MPAC presented comparable sales supporting an assessment of $320,000.

The Assessment Review Board found that while the spill occurred and the property remained vacant, the appellants provided no quantitative evidence to substantiate the impact of the spill or stigma on the current value.

The Board reduced the 2013 assessment to $320,000 and confirmed the 2014 and deemed 2015 assessments at $320,000.