Can a Master make adjustments to a spouse’s assets post separation?

Manitoba, Canada


The following excerpt is from Anderson v. Anderson, 2011 MBQB 57 (CanLII):

[41] The issue is whether a statutory answer can be found within The Family Property Act. This is not a situation in which counsel have prevailed upon the learned referencing Justice to pronounce an “empowering” order allowing post separation adjustments to be made by the Master (Stuart v. Stuart 2005 MBQB 284). The answer to this post separation issue must be found within the statute. The framework for an accounting is set forth in very general terms under s. 15 (1): “15 (1) In an accounting of assets between spouses or common-law partners under this Act, there shall be ascertained (a) the value of the total inventory of assets of each spouse or common-law partner, after adding to or deducting from the inventory such amounts as are required under this Act to be added or deducted; …”

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