The applicant sought an equalization of net family property following the parties' separation.
The respondent, who self-identified as an Algonquin, argued that the matrimonial home was exempt from provincial legislation under the Royal Proclamation of 1763 and the Daniels decision.
The court dismissed this argument, finding the Family Law Act applicable.
The court also declined to order the immediate sale or financing of the home, citing a lack of jurisdiction under section 9 of the Family Law Act at this stage.
After determining the value of the matrimonial home, household goods, and debts, and rejecting deductions for the date of marriage value of the land and inheritances invested in the home, the court ordered the respondent to pay an equalization payment of $107,252.03.