What is the test for unconscionable conduct in the context of a divorce?
Ontario, Canada
The following excerpt is from Lefebre v. Lefebre, 2020 ONSC 311 (CanLII):
The Court of Appeal in Serra, at para. 48 also cited the comments of Backhouse J. in LeVan v. LeVan [cite omitted]: "Unconscionability" is a much more difficult test to meet than "fairness" and as a result, the courts have only minimal discretion to order anything other than an equal division of family property. Unconscionable conduct has been defined as, among other things, conduct that is harsh and shocking to the conscience, repugnant to anyone's sense of justice, or shocking to the conscience of the court.
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