Is an equalization claim against a bankrupt spouse personalized and personalized?
Ontario, Canada
The following excerpt is from Rusinek & Associates v. Arachchilage & Baliah, 2020 ONSC 1090 (CanLII):
In Bolliger v. White, 2016 ONSC 5024, 272 A.C.W.S. (3d) 255, the defendant spouse argued that the nature of an equalization claim is personal between spouses and “must be articulated in a court proceeding to be available as an asset of the bankrupt which can be distributed amongst the creditors” (at para. 7). The court agreed.
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