September 28, 2021 – Court’s Discretion to Find Value

“The court has a broad discretion to find value, even in the absence of solid valuation evidence: McLean v. McLean, [2004] O.T.C. 904 (Ont. S.C.J.), at para. 49, citing Tremblay v. Tremblay, 2002 CarswellOnt 484 (Ont. S.C.J.). In Felte v. Felte (2004), 3 R.F.L. (6th) 37 (Ont. C.A.) the Court of Appeal stated that where the evidence is unsatisfactory and incomplete, a trial judge must use the evidence he or she does have, in attempting to come to a reasonable and fair result.”

Shah v. Shah, 2018 ONSC 5784 (CanLII) at 85