What is the test for equalization and equalization in a divorce case?

Ontario, Canada


The following excerpt is from Urness v. McDonald, 2022 ONSC 1697 (CanLII):

The parties both referred to Cudmore v. Cudmore, [1997] O.J. No 847, a trial decision in the divorce of a farm couple after a 30-year marriage. The parties owned the farm as joint tenants. The issues at trial included equalization and whether the farm should be sold. Granger J. held that the applicant was “simply seeking a realization of her rightful interest in the farm property.” He held that “in the circumstances of this case, I could not properly refuse such a sale.” However, the decision contains no reference at all to s. 11.

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