Is a spouse entitled to an equalization payment from the date of a contribution made by one spouse to the other spouse's property?
Ontario, Canada
The following excerpt is from Goldman v. Kudeyla, 2011 ONSC 2718 (CanLII):
For example, where there has been a deprivation and corresponding enrichment as a result of a change in the value of "family property" after the date of separation a remedy in constructive trust may be appropriate: Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70. The availability of that remedy is dependent upon a finding of a clear link between the contribution and the property, and the equalization payment is inadequate to address the resulting enrichment of one spouse at the cost of the other.
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