SMP Law – Update on Unconscionability


In 2020, SMP Law wrote a post about dividing property and SMP Law was successful in the Superior Court case where the court agreed with my client that it was unconscionable to award his spouse 50% of the property and assets. Instead she only received 10% of the assets and property that she was seeking. The trial judge had based her decision on the extent to which my client’s ex spouse net family property derived from gifts from my client; the duration of cohabitation; and the fact that my client was almost the sole financial contributor to the property owned by the parties during the marriage. The trial judge found that my client’s ex spouse had benefitted financially from their short marriage.


Earlier this year, my client’s ex spouse appealed the decision arguing that the trial judge did not explain how she arrived at the figure of 10% in awarding the equalization. In Booth v. Bilek, 2021 ONCA 128, the Ontario Court of Appeal dismissed the ex spouse’s appeal by stating that there were no errors in the exercise of the Trial Judge’s discretion and by not accepting the formula suggested by my client’s ex spouse. The Ontario Court of Appeal concluded that the trial judge’s decision was not “unreasoned or unjustified”.


The appeal was dismissed and my client was awarded $20,000 in costs.


Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.


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