Thursday, January 22, 2009

Equalization and Hindsight

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"....He submits that by valuing the claim based on Herold J.’s judgment, the trial judge erroneously used a hindsight approach that is at odds with settled jurisprudence which precludes the use of evidence of post-separation events to value, for equalization purposes, contingent assets that form part of the net family property. In support of his position, the husband relies upon the following authorities: Best v. Best, 1999 CanLII 700 (S.C.C.), [1999] 2 S.C.R. 868; Arvelin v. Arvelin, [1996] O.J. No. 412 (Ont. Gen. Div.); Dimoff v. Dimoff, [1999] O.J. No. 599 (Ont. Gen. Div.); and Bobyk v. Bobyk reflex, (1993), 13 O.R. (3d) 559 (Ont. Gen. Div.)...."

[7] For reasons that follow, we find it unnecessary to decide (or reconsider) whether hindsight evidence can be used to value contingent assets of the kind in issue here. On the facts of this case, we are of the view that the proposed expert evidence was largely irrelevant in valuing the husband’s loss of income claim for equalization purposes..."

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