February 2, 2022 – “Debts” To Family Members

“Family law judges are justifiably wary of claims, made after separation, that monies advanced to family members during the marriage are debts rather than gratuitous amounts. This is because acceding to such claims too readily would risk undermining the central purpose of the family property regime which is to equally divide the value of the property acquired by the marital partnership. Here, the evidence proffered by the appellant did not, in the trial judge’s view, support the submission that the monies were advanced during the marriage or that there was any expectation of repayment. The trial judge found that it was “clear from the evidence that they would never sue the respondent or take any action to collect upon the money”.”

         Siddiqui v. Riahi, 2021 ONCA 63 (CanLII) at 15