Family Homes on Reserves and Matrimonial Interests or Rights Act (S.C. 2013, c. 20)

Marginal note:Variation of amount

29 On application by a spouse or common-law partner, a court may, by order, vary the amount owed to or by the applicant under section 28 if that amount would be unconscionable, having regard to, among other things,

• (a) the applicant’s financial responsibility related to the care and upbringing of the children in the applicant’s charge;

• (b) the amount of debts or other liabilities referred to in that section incurred by each spouse or common-law partner;

• (c) any significant change in the value of the interests or rights in question between the valuation date as defined in subsection 28(6) and the day on which the order is made, inclusive;

• (d) the fact that one of the spouses or common-law partners may obtain exclusive occupation of the family home on agreement or under an order referred to in section 20;

• (e) the availability of accommodation that is comparable to the family home and that is situated on the same reserve as the family home;

• (f) the duration of the conjugal relationship;

• (g) the terms of any agreement between the spouses or common-law partners;

• (h) the reduction of the value of the interests or rights in question as a result of acts or omissions by the applicant’s spouse or common-law partner including the disposition of any such interest or right for less than its fair value, the improvident depletion of any such interest or right, the disposition or encumbrance of the interest or right in or to the family home without the applicant’s required consent, and the encumbrance of that interest or right after the valuation date as defined in subsection 28(6); or

• (i) other determinations that the court may make on any matters related to the consequences of the breakdown of the conjugal relationship.