On appeal from a trial judgment in a family law matter following marriage breakdown, the appellant challenged the trial judge's order requiring her to pay the respondent $128,560 for his interest in the matrimonial home and requiring the respondent to pay an equalization payment of $166,674.64 by pension rollover.
The appellant argued the trial judge erred in refusing to set off the respondent's equity in the home against the equalization payment owed.
The Court of Appeal dismissed the appeal, finding the trial judge had jurisdiction to make the order and did not err in exercising his discretion to refuse the set-off.
