Is equalization of net family properties equalization a general rule?

Ontario, Canada


The following excerpt is from Serra v. Serra, 2009 ONCA 105 (CanLII):

Thus, to ensure adherence to the policy choices made by the legislature, and reflected in s. 5(7) and the preamble of the Act, equalization of net family properties is the general rule. As with most rules, however, there are exceptions -- in this case, the high-threshold unconscionability provisions of s. 5(6). This exception is expressly contemplated by the caveat "subject only to the equitable considerations set out in subsection (6)" set out in s. 5(7). Judicial discretion with respect to equalization payments is therefore severely restricted, by statutory design, but it is not eliminated altogether since there is discretion to order an unequal payment where "the court is of the opinion that equalizing the net family properties would be unconscionable": see, for example, Skrlj v. Skrlj, supra, at p. 309 R.F.L.

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