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Family - Vesting. Chapman v. Ing
In Chapman v. Ing (Ont CA, 2025) the Ontario Court of Appeal considers the role of family-business law vesting orders:(5) Vesting Order
[39] The respondent requested that this court issue a vesting order transferring her title in the Wyandotte property. A vesting order is essentially an equitable remedy designed to work as an enforcement mechanism. The court has a broad discretion, and the determination of whether such an order should issue depends on the factual matrix before it.
[40] Here, the respondent has already established her entitlement to the property, conditional upon payment of $39,000 to the appellant. The trial judge ordered that “[t]he effective date of the transfer of shares from Chapman to Ing will be deemed to be the date of separation (November 27, 2016), and the payment shall occur as soon as practicable, and no later than 60 days from the release of this decision”. In her later costs decision, the trial judge awarded costs to the respondent in the amount of $193,381.13, all-inclusive. The costs award was offset by, among other things, the $39,000 to be paid by the respondent to the appellant. Therefore, the condition precedent for the transfer of the appellant’s shares has been satisfied and a vesting order should properly issue.
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