Is there any case law supporting the proposition that accumulating debts will not lead to an unequal division of assets?

Ontario, Canada


The following excerpt is from Honorat v. Jean-Paul, 2014 ONSC 6895 (CanLII):

Indeed, the case law supports the proposition that mere accumulation of debts will not lead inexorably to a finding of unconscionability and thereby to an unequal division of assets. In a case similar to the present case, Torikoglu v. Torikoglu, 2009 O.J. No. 5060, D.A. Wilson J. declined to award an unequal division of assets per s. 5(6) on the allegation that the respondent had the applicant sign a document to place a mortgage on the house when he knew she had no concept or understanding of what she was signing. D.A. Wilson J. found that the wife in that case knew the family finances were in poor condition, and that although she may not have known how the money was being spent, there was no evidence the money was spent recklessly. Thus, the situation did not cross the threshold of unconscionability required to order an unequal division of assets.

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