What is the test for an unequal division of net family property based on unconscionability?
Ontario, Canada
The following excerpt is from Ward v. Ward, 2012 ONCA 462 (CanLII):
The trial judge then turned to the case that he felt, although not fully on all fours, was helpful factually. In Mehmeti v. Mehmeti, [1999] O.J. No. 3534 (S.C.J.), part of the factual matrix that led Low J. to order an unequal division of net family property based on unconscionability was that settlement funds the wife recovered for her injuries in a car accident were used to reduce the mortgage indebtedness on the matrimonial home, just six months prior to the end of the marriage.
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