The wife applied for a division of matrimonial assets but died before the application was heard.
In her will, she disinherited her husband and son.
Her executrix continued the application.
The trial judge and Court of Appeal ordered an unequal distribution in favour of the husband, citing the wife's death and will as extraordinary circumstances.
The Supreme Court of Canada allowed the appeal, holding that the death of a spouse and the contents of their will are not relevant factors to justify departing from the presumption of equal distribution under the Matrimonial Property Act.
