Madden v. Madden, (1997) 31 O.T.C. 143 (GD)

• Judge: Pardu, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 07, 1997
• Jurisdiction: Ontario
• Citations: (1997), 31 O.T.C. 143 (GD)

Madden v. Madden (1997), 31 O.T.C. 143 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. AP.009

Jill Deborah Madden (applicant) v. Brian Madden (respondent)

(CL 1169/90)

Indexed As: Madden v. Madden

Ontario Court of Justice

General Division

Pardu, J.

March 7, 1997.

Summary:

The wife claimed an equalization of net family property. The only issue dividing the parties was the valuation of the husband's employment pension accrued during marriage and cohabitation. The parties were married in 1973 and the agreed upon valuation date was March 1, 1990. The husband had been a member of the Ontario Public Service Pension Plan since 1962. He was born in 1943.

The Ontario Court (General Division) used the "value added basis", which subtracted the value of the pension on the date of the marriage from the value on valuation date. The court determined that, assuming retirement at age 60, the growth in the value of the pension was $87,620. The court did not factor in the husband's post separation wage increases but applied a 15% deduction for the contingency that the husband's income may not keep pace with inflation. The court arrived at a pension increase in value of $74,477 between the date of the marriage and the valuation date. The court then calculated the husband's NFP at $124,286. The parties agreed that the wife's NFP was $72,619.31. The court ordered that there be an equalization owing to the wife of $25,834.

Family Law - Topic 868.3

Husband and wife - Marital property - Distribution orders - Equalization payments - See paragraphs 1 to 23.

Family Law - Topic 880.28

Huband and wife - Marital property - Distribution orders - Particular property - Pensions - See paragraphs 1 to 23.

Cases Noticed:

Bascello v. Bascello (1995), 26 O.R.(3d) 342 (Gen. Div.), varied (1995), 18 R.F.L.(4th) 362 (Gen. Div.), refd to. [para. 15].

Salib v. Cross (1993), 15 O.R.(3d) 521 (Gen. Div.), refd to. [para. 15].

Rauf v. Rauf (1992), 56 O.A.C. 319 (Div. Ct.), refd to. [para. 15],

Dick v. Dick (1993), 46 R.F.L.(3d) 219 (Ont. Gen. Div.), refd to. [para. 15].

Counsel:

R.A. Fellman, for the applicant;

Bruce D. Day, for the respondent.

This application was heard by Pardu, J., of the Ontario Court (General Division). Pardu, J., released the following decision on March 7, 1997.