The husband appealed an equalization payment order, challenging the trial judge's findings on several disputed items in the net family property calculations.
The Court of Appeal allowed the appeal, finding the trial judge erred by denying the husband a deduction for property owned on the date of marriage, denying an exclusion for an inter vivos gift deposited into a joint bank account, and improperly valuing a vehicle acquired by gift.
The Court held that excluded property deposited into a joint account loses its exclusionary character only to the extent of the one-half interest presumed gifted to the spouse.
The equalization payment and costs awards were adjusted accordingly.
