When will a court order a division of stock options under the "if and when" method?

Ontario, Canada


The following excerpt is from Ross v. Ross, 2005 CanLII 63818 (ON SC):

The Court concluded in Miller v. Miller, supra, that the ultimate objective of the scheme is to effect an equitable division of assets and that the courts do have the jurisdiction to issue orders for the division of stock options under the "if and when" method. It was held that the trial judge did not err in issuing an "if and when" order, and that "trial judges retain a discretion as to how best to value an asset and provide for its equitable division. Given the constellation of factors that must be accounted for, there are no hard and fast rules."

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