In a bifurcated trial of a matrimonial dispute, the court was asked to determine the valuation date.
The respondent argued the parties separated in August 2006 after his extra-marital affair, while the applicant argued they separated on October 31, 2010.
Applying the Oswell factors for living separate and apart under the same roof, the court found that the parties continued to function as a family, maintained joint financial arrangements, and did not take steps consistent with a final separation until 2010.
The court concluded the valuation date was October 31, 2010.
