IT'S A WIN!

Nanc WON!!!
We are very happy with the outcome. This does allow Nanc to close a long, dark chapter in her life. It does clearly state the duty of full disclosure (you mean it wasn’t before???). It does clearly state that one spouse cannot create vulnerabilities in their partner and then take advantage of them (again, this wasn’t clear before???).
We think, however, that the decision begs a couple of further questions:

1. OK, the husband hid money and misrepresented values to defraud his wife. His “penalty” is then to repay the amount he owed in the first place. Um, where is the disincentive to keep doing this? The SCC has just said that it is still worth trying to do these things! If you do get caught, the worst case scenario is that you will have to pay the rest of what you owe! If you pull that in a commercial negotiation (selling a product or business, etc,) you will be charged with fraud and go to jail, or at least pay hefty fines. In this case, it is more akin to ENRON, Conrad Black, etc. Nanc was a full partner in the businesses and had done more than her fair share to build it up over the years. Now the ex gets the full ongoing benefits of her efforts for a minimal one time cost. Why are the rules different when a spouse is the shareholder being defrauded rather than public shareholders or partners? Is this really the public policy message that the SCC and legislators want to send?

2. It is clear from the media reports that most reporters did not ask the questions, “what does the judge mean by ‘mental instability’? What particular ‘mental disability’ was present in this case? Where did it come from?” The answers will surprise most readers of the media stories: Nanc has PTSD (Post Traumatic Stress Syndrome). Yes, the same mental instability that some soldiers suffer from following prolonged and intense life threatening combat. Her therapist (an expert in PTSD that treats police officers and other emergency personnel) called it the worst case he had ever personally seen. Where did she get it?

DECISION TIME!!!

The decision will be posted tomorrow at 10:45am on the SCC website.

A door will close upon the past for Nanc. This has been a devastating experience for her, and less so for me, as well. There is no putting the past behind while something like this is going on. We are both ready for the end - and the beginning of a new life. Nanc's great concern at this time is that the SCC recognise the human rights issues underlying her personal story, and provide some protection for the spouses who come after her.

May there be an end to the inequity!