Can an equalization regime be challenged where the circumstances relied upon as "unconscionable" have arisen merely from the application of a statutory scheme?
Ontario, Canada
The following excerpt is from Vanderaa v. Vanderaa, 1995 CanLII 7360 (ON SC):
I concur with the comments of Mendes de Costa J. in Shaver v. Shaver at p. 156 that: The equalization regime cannot be challenged where the circumstances relied upon as “unconscionable” have arisen merely from the application of a statutory scheme.
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