A family law trial concerning equalization of net family property following the separation of spouses.
The applicant, acting as executor of the deceased husband’s estate, sought inclusion of a Toronto condominium and certain financial accounts in the respondent wife’s net family property.
The court addressed whether the condominium qualified as a matrimonial home under s. 18 of the Family Law Act and whether inherited funds held in investment accounts were excluded property under s. 4(2).
The court held the condominium was not ordinarily occupied as a family residence and therefore was not a matrimonial home.
The court also found the investment account funds were traceable to an inheritance and were excluded property, while certain credit union accounts were included in the wife’s net family property.
