What this practice covers
Drury acts in family-law matters involving family property, corporations, professional practices, trusts, pensions, real estate and other significant assets. These cases often require careful disclosure, tracing, valuation evidence and a clear understanding of how legal ownership differs from the financial issues the court must decide.
Business and corporate interests
Closely held corporations, shareholder interests, retained earnings, shareholder loans, corporate income and the relationship between personal and corporate finances.
Trusts and beneficial interests
Questions about beneficial ownership, family trusts, resulting or constructive trust claims and whether an interest should be included in the family-law analysis.
Valuation
Businesses, professional practices, pensions, real estate and other assets where value is disputed or requires expert evidence.
Disclosure and tracing
Requests for records, review of financial statements and tax material, movement of funds, excluded-property claims and alleged dissipation or concealment.
Property regimes in two provinces
Alberta and Ontario use different statutory frameworks for the division or equalization of family property, making jurisdiction and characterization important.
Preservation and interim relief
Where there is a concern that assets may be transferred, depleted or made difficult to recover before the case is resolved.
How the dispute is framed
The useful question is often not simply “what is this asset worth?” but “who owns or controls it, what evidence establishes that, what tax or liquidity issues follow, and how does the applicable family-property regime treat it?” A disciplined financial case starts with the records and builds outward from them.
Alberta and Ontario
In Alberta, family-property claims are governed principally by the Family Property Act. Ontario uses a net-family-property equalization regime under the Family Law Act for married spouses, while unmarried partners may need to rely on different legal principles for property claims. The result can turn on province, marital status, dates, exclusions, deductions and the nature of the asset.
Questions clients often ask
Can a corporation be relevant even if only one spouse owns the shares?
Yes. Share ownership, corporate value, income available to a shareholder, shareholder loans and retained earnings can all become relevant, although the precise legal treatment depends on the claim and evidence.
What if I think assets are being hidden?
The starting point is usually targeted disclosure and a careful review of the records. Depending on the evidence, further production, examinations, expert assistance or interim court relief may be appropriate.
Are trusts automatically excluded from family-property claims?
No. Trust interests are fact-specific. The terms of the trust, control, beneficial interests, contributions and applicable provincial law can all matter.
Do business valuations always require an expert?
Not always, but expert evidence is often important where value is material and cannot be established reliably from ordinary financial records.