The husband appealed the trial judge's calculation of the equalization payment.
The Court of Appeal upheld the trial judge's finding that monies advanced by the husband's late mother were not a loan.
However, the Court found the trial judge erred in excluding a portion of the wife's jewellery from her net family property, as the wife failed to discharge her onus under s. 4(3) of the Family Law Act to prove the value of the jewellery she claimed was gifted by relatives.
The appeal was allowed in part to include the full value of the jewellery in the wife's assets.
