The appellants, a husband and his brother, appealed a trial judge's equalization payment order to the wife, arguing errors in weighing factors under s. 10.1(4) of the Family Law Act regarding an immediate lump sum transfer from the husband's pension, and incorrect prejudgment interest calculation.
The Court of Appeal found no reversible error, upholding the trial judge's findings that the wife's pension waiver was under duress, the husband and his brother acted in bad faith, and the husband fraudulently conveyed property.
The trial judge's holistic review of financial circumstances and the decision to order an immediate lump sum transfer for equalization were affirmed as fair.
The prejudgment interest calculation from the date of separation was also upheld.
The appeal was dismissed with costs to the respondent.
