The court of first instance ordered the husband to
pay an equalization payment.
Not exact matches
It's too bad we couldn't get our oil to the refinery on the east coast, so they wouldn't have to import so much product from Saudi Arabia... Alberta's frustrations... blocked from both directions... stuck... land locked... after years of
paying billions of dollars in
equalization payments to help the rest of Canada.
A
paying spouse can also borrow money from family and friends or take out a line of credit to make an
equalization payment.
The right to an
equalization payment does not permit a recipient spouse to force the sale or transfer of a specific property if the
paying party can make the
payment by some other means.
Even if the contract had allowed the husband to avoid any
equalization payment, a court would likely have awarded the wife support in an amount totalling what the husband eventually
paid her by way of settlement.
This was a motion for security for costs of the appeal, on the grounds that the wife's appeal of a spousal support and
equalization payment order was frivolous and vexatious and that the wife had insufficient assets in Ontario to
pay the costs of the appeal.
The appellant husband argued that (1) the trial judge erred in how he ordered the
equalization payment to be
paid; and (2) this error led the trial judge to make a further error with respect to his costs award, as it resulted in the trial judge failing to properly assess the reasonableness of the appellant husband's offers to settle.
about the impact that a
paying spouse's bankruptcy has on the recipient spouse's entitlement to nonetheless receive either child / spousal support, or an
equalization payment as part of a separation or divorce.
Note that this outcome pertains to unpaid
equalization payments only, which readers will know is the amount that spouses must
pay to each other in order to equalize their respective Net Family Property as part of their division of assets.
If one separated or divorced spouse is obliged, by agreement or court order, to
pay the other spouse an
equalization payment, there are various enforcement mechanisms that can be brought into play if he or she does not do so.
The
equalization payment was therefore «swept into the bankruptcy» and the husband was released from his obligation to
pay it upon his discharge.
The court below found that, because the arbitrator had directed the
equalization payment to be
paid from the husband's share of the proceeds of sale, the award created an equitable trust in favour of the wife over the husband's share of the net proceeds of sale, in priority to other creditors.