What is the test for valuing matrimonial assets when the parties have separated?
Ontario, Canada
The following excerpt is from Chisholm v. Ontario (CEO of FSRA), 2021 ONFST 17 (CanLII):
As noted above, the CEO relies upon the family law case of Joanis v. Bourque. In this case the parties were married and, as a result of an infidelity on the part of the husband, eventually divorced. Key to a valuation of matrimonial assets was when the parties had separated. The husband maintained that the separation occurred when his wife discovered the infidelity, long before he had left the matrimonial home, and that, even though he lived with his wife in the same home, they were living separate and apart. The court agreed that a married couple living under the same roof could be living separate and apart for the purposes of division of family assets and provided guidance in the factors to be considered.
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