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Ontario appeal court muddies procedural waters

Thursday, February 16, 2017 @ 7:00 PM | By Gene Colman

The Ontario Court of Appeal in Frick v. Frick 2016 ONCA 799 has attempted to promote procedural fairness. While partially successful in that endeavour, the court has unfortunately encouraged procedural anarchy.

When the wife in Frick belatedly discovered that the husband had been blowing oodles of cash on a long-time mistress, escort services and porn sites, she amended her pleadings to claim an unequal division of net family property (NFP). “Reckless depletion” of one’s NFP can qualify under Ontario’s Family Law Act as a ground to...