S.M.B. v. K.R.B., (1998) 58 O.T.C. 336 (GD)

• Jurisdiction: Ontario
• Judge: Steinberg, J.
• Citation: (1998), 58 O.T.C. 336 (GD)
• Court: Ontario Court of Justice General Division (Canada)
• Date: 25 March 1998

S.M.B. v. K.R.B. (1998), 58 O.T.C. 336 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. AP.043

S.B. (applicant) v. K.B. (respondent)

(F178-96)

Indexed As: S.M.B. v. K.R.B.

Ontario Court of Justice

General Division

Family Court Branch

Hamilton

Steinberg, J.

March 25, 1998.

Summary:

A wife sought to set aside a marriage contract on the basis that her husband had physically and mentally abused her prior to entering into the contract.

The Ontario Court (General Division), in a decision reported at 32 O.T.C. 161, ordered that the marriage contract between the parties be set aside on the grounds of unconscionability and undue influence. The wife applied for an equalization of net family properties and for spousal support.

The Ontario Court (General Division), Family Court Branch, determined the parties' net family property and ordered equalization. The court held that consideration of spousal support should await determination of whether the equalization judgment had been satisfied. The court adjourned the issue sine die to be brought back on seven days notice.

Family Law - Topic 867

Husband and wife - Marital property - Distribution orders - Interest on awards - See paragraphs 42 to 44.

Family Law - Topic 888

Husband and wife - Marital property - Considerations in making distribution orders - Valuation - See paragraphs 11 to 34.

Family Law - Topic 2401

Maintenance of wives and children - Practice - General - See paragraphs 45 to 48.

Cases Noticed:

Sengmueller v. Sengmueller (1994), 69 O.A.C. 312; 25 C.P.C.(3d) 61 (C.A.), appld. [para. 26].

Burgess v. Burgess (1995), 82 O.A.C. 360; 16 R.F.L.(4th) 388 (C.A.), refd to. [para. 43].

Counsel:

Michael D. Kleinman (Epstein, Cole), for the applicant;

the respondent appeared in person.

This case was heard by Steinberg, J., of the Ontario Court (General Division), Family Court Branch, who delivered the following decision on March 25, 1998.