DATE: 20041102
DOCKET: C38636
COURT OF APPEAL FOR ONTARIO
DOHERTY, LASKIN and JURIANSZ JJ.A.
B E T W E E N :
LOUISE HELEN HOCKEY-SWEENEY
Donald F. Bur
for the appellant
Petitioner
(Appellant)
- and -
LAWRENCE PERCIVAL SWEENEY
Harold Niman and
Deborah F. Zemans
for the respondent
(Respondent)
Heard: August 27, 2004
On appeal from the judgment of Justice Peter B. Hambly of the Superior Court of Justice dated July 8, 2002 reported at [2002] O.J. No. 3165.
LASKIN J.A.:
I. Introduction
1The appellant, Mrs. Hockey-Sweeney, and the respondent, Mr. Sweeney, separated in 1999 after a sixteen-year marriage. They have three children, now 19, 18 and 14 years old.
2The parties litigated their differences over the children, the amount of the equalization payment and spousal support in an acrimonious five-week trial before Hambly J. Mrs. Hockey-Sweeney chose to represent herself. The two principal issues at trial were whether Mr. Sweeney had disclosed all his assets and whether he ought to have included in his net family property statement the shares of several companies owned beneficially by a trust – the LILAC Trust – which he established in 1997 for the benefit of his children. The trial judge accepted Mr. Sweeney’s evidence, and rejected Mrs. Hockey-Sweeney’s allegation that her husband had not disclosed or accounted for all his assets.
3After granting the parties their divorce, the trial judge made the following corollary orders:
A. The Children: Mrs. Hockey-Sweeney and Mr. Sweeney were given joint custody, but the children were to live primarily with Mr. Sweeney. Mr. Sweeney was also given the sole power to make decisions affecting the children. The two older children could decide how much time they wished to spend with their mother. Mrs. Hockey-Sweeney was given specified access to the youngest child.
B. Equalization Payment: Mrs. Hockey-Sweeney was ordered to pay Mr. Sweeney $553,390.45. This equalization payment largely reflected Mrs. Hockey-Sweeney’s ownership of the two main items of family property: the matrimonial home valued at $1,000,000 and a thirty-four foot yacht valued at $511,000.
C. Spousal Support: Mr. Sweeney was ordered to pay Mrs. Hockey-Sweeney $3,500 per month.
D. Costs: Mrs. Hockey-Sweeney was ordered to pay Mr. Sweeney his costs of the action, fixed at $200,000.
4Mrs. Hockey-Sweeney is now under a disability. On this appeal she was represented by the Public Guardian and Trustee. In her
