“Contrary to the Respondent’s submissions, the fact that the PKR’s currency exchange rate decreased by about 37 percent since the date of separation, thereby devaluing her current bank balance, is not sufficient, in the circumstances of this case, to warrant unequal distribution pursuant to s. 5(6)(h) of the FLA: see, Lo v. Lo, 2011 ONSC 7663, 15 R.F.L. (7th) 344, at paras. 227-38.
In Lo, the value of the husband’s pension of $173,530.60 at the date of separation had decreased by about $47,097.65 as a result of market forces. The resultant drop was through no fault of either party. Citing the lead Court of Appeal case Serra v. Serra, 2009 ONCA 105, 93 O.R. (3d) 161, the court noted that “circumstances which are ‘unfair’, ‘harsh’ or ‘unjust’ do not meet the test [of unconscionability]”: at para. 47. The decreased value from a depreciating PKR does not shock the court’s conscience.”