In what circumstances have courts found that a wife has failed to discharge the onus to establish that a vesting order is necessary?
Ontario, Canada
The following excerpt is from Wehbe v Wehbe, 2016 ONSC 1445 (CanLII):
In Keyes v. Keyes [2015] W.D.F.L. 3904, Justice Chiapetta, found that the wife had failed to discharge the onus to establish that a vesting order was necessary. In that case the husband was voluntarily paying the expenses on the matrimonial home and voluntarily paying spousal support. There was no evidence that the husband would fail to comply with court orders.
In Belton v. Belton [2010] W.D.F.L. 2010, Justice MacPherson made a vesting order with regards to a husband’s account to ensure payment of the equalization payment. The husband’s whereabouts were unknown and he had acted in bad faith incurring debts, including forging the wife’s signature, non payment of support.
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