Ganson v. Ganson, (1996) 17 O.T.C. 340 (GD)

• Judge: Herold, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 29, 1996
• Jurisdiction: Ontario
• Citations: (1996), 17 O.T.C. 340 (GD)

Ganson v. Ganson (1996), 17 O.T.C. 340 (GD)

MLB headnote and full text

Ian Martin Ganson (petitioner) v. Shelly Eileen Ganson (respondent)

(No. 5825/94)

Indexed As: Ganson v. Ganson

Ontario Court of Justice

General Division

Guelph

Herold, J.

October 29, 1996.

Summary:

A husband and wife began cohabiting in 1980, separated in 1987, reconciled and married in 1989 and separated for the last time in 1993. They had two children, aged 10 and 13. The husband petitioned for divorce. At issue was the amount of the equalization payment payable by the husband to the wife under the Family Law Act. Areas of contention were (1) the value of furnishings and fixtures brought into the marriage by each spouse; (2) the value of the husband's interest in two corporations owned by himself and his parents in equal shares; and (3) whether the husband could deduct from his net family property a contingent liability of one of the corporations.

The Ontario Court (General Division) determined the value of family property held by each spouse, valued the husband's interest in the corporations and held that the husband was not entitled to deduct the contingent liability from his net family property, as there was no risk associated with the contingent liability. The court fixed the equalization payment at $138,494.40.

Family Law - Topic 868.2

Husband and wife - Marital property - Distribution orders - Debts (incl. contingent liabilities) - See paragraphs 11 to 18.

Family Law - Topic 888

Husband and wife - Marital property - Considerations in making distribution orders - Valuation - See paragraphs 19 to 57.

Cases Noticed:

Verdun v. Verdun (1994), 9 R.F.L.(4th) 54 (Ont. Gen. Div.), refd to. [para. 17].

Goodfriend v. Goodfriend (1971), 6 R.F.L. 60 (S.C.C.), refd to. [para. 41].

Scheuerman v. Scheuerman (1915), 52 S.C.R. 625, refd to. [para. 42].

McPherson v. McPherson (1988), 27 O.A.C. 167; 13 R.F.L.(3d) 1 (C.A.), refd to. [para. 43].

Sartori v. Sartori (1993), 13 O.R.(3d) 710 (Gen. Div.), refd to. [para. 44].

Counsel:

G. Petker and E. Cassavoy, for the petitioner, husband;

R. Brant and L. Gazzola, for the respondent, wife.

This case was heard on September 25-27 and 30, 1996, at Guelph, Ontario, before Herold, J., of the Ontario Court (General Division), who delivered the following judgment on October 29, 1996.