The appellant appealed a family arbitration award dealing with property, spousal support, and child support.
The Superior Court of Justice determined that the standard of review for family arbitration appeals is the Housen standard.
The court upheld the arbitrator's use of hindsight evidence for property valuation and his imputation of income to the respondent.
However, the court found the arbitrator erred by including a statute-barred debt in the appellant's net family property, by failing to provide adequate reasons for awarding lump sum rather than indefinite periodic spousal support, and by exceeding his jurisdiction in ordering the parties to refile tax returns.
The appeal was allowed in part, with the court substituting an order for indefinite periodic spousal support and adjusting the equalization payment.
