Fielding v. Fielding
Ontario Reports
Court of Appeal for Ontario,
Feldman, Lauwers and Benotto JJ.A.
December 18, 2015
129 O.R. (3d) 65 | 2015 ONCA 901
Case Summary
Family law — Practice — Costs — Trial judge finding that husband was entitled to costs but reducing costs by $25,750 to $210,015.50 because of husband's delayed financial disclosure — Trial judge not erring in exercise of his discretion in failing to reduce costs award more — Trial judge not erring in taking into account husband's offer to settle despite fact that offer was made at settlement conference less than seven days before trial.
Family law — Property — Equalization of net family property — Husband owning home at time of marriage which became matrimonial home with title remaining in husband's name — Trial judge not erring in failing to include mortgage on matrimonial home on date of marriage in calculation of husband's net family property — Trial judge not erring in failing to award wife unequal division of net family property under s. 5(6) of Family Law Act on basis that any potential unjust enrichment that resulted from increase in value of matrimonial home through wife's contributions was adequately compensated by equalization payment — Family Law Act, R.S.O. 1990, c. F.3, s. 5(6).
Family law — Support — Spousal support — Husband's annual income being $850,000 — Wife unable to work because of disability but earning about $220,000 annually from disability benefits and investments — Trial judge awarding wife unlimited spousal support in amount of $10,000 per month — Support order affirmed on appeal — Trial judge not erring in failing to order equalization of net disposable income.
Following two highly contested trials, one for custody and the other for financial issues, the husband was granted