Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41850
Kirk Richard Iredale v. Carol Jeanette Dougall
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-16 | Close file on Leave | |
| 2026-04-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-09 | Judgment on leave sent to the parties | |
| 2026-04-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69936, 2025 ONCA 266, dated April 9, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-03-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-07 | Correspondence received from, (Letter Form), (Printed version due on 2025-10-15) | Kirk Richard Iredale |
| 2025-08-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-08-08, (Printed version due on 2025-08-15) | Kirk Richard Iredale |
| 2025-07-31 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-08-06) | Carol Jeanette Dougall |
| 2025-07-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-07-31, (Printed version filed on 2025-08-06) | Carol Jeanette Dougall |
| 2025-06-11 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-06-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-11) | Kirk Richard Iredale |
| 2025-06-09 | Application for leave to appeal, (Book Form), Completed on: 2025-06-10, (Printed version filed on 2025-06-11) | Kirk Richard Iredale |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Iredale, Kirk Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dougall, Carol Jeanette | Respondent | Active |
Counsel
Party: Iredale, Kirk Richard
Counsel
Stephen P. Kirby
Michael Tweyman
155 University Avenue, Suite 1700
Toronto, Ontario
M5H 3B7
Telephone: (416) 507-2645 Ext: 244
FAX: (647) 727-0904
Email: mstangarone@mpllp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Dougall, Carol Jeanette
Counsel
71 Main Street, N. SS3
Exeter, Ontario
N0M 1S3
Telephone: (519) 235-0670
FAX: (519) 235-1603
Email: d.reid@littlemassonreid.com
Summary
Keywords
Family law — Divorce — Family assets — Unjust enrichment — Equalization — Wife ordered to pay husband an equalization payment and husband’s claim for proprietary beneficial interest in home farm dismissed — Whether, as held by Rawluk v. Rawluk, [1990] 1 S.C.R. 70, constructive trust remedy remains an integral part of process of ownership determination and equalization, or whether trial judge’s authority to impose trust remedies is curtailed by provincial legislation regarding division and/or equalization of matrimonial property — Family Law Act, R.S.O. 1990, c. F.3.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The parties separated after a marriage of approximately 24 years. Over the last roughly eight years of the marriage, they had built up an organic crop farm on the property upon which the matrimonial home was located. The parties initially began by farming four acres in their first year and leased land from the wife’s family. Sometime later, her parents gifted her shares of the farming corporation, which owned the farm property and what became the matrimonial home. In the year of separation, the amount of land farmed had expanded to 187 acres.
The trial judge ordered that the wife pay to the husband an equalization payment. The husband’s claim for a proprietary beneficial interest in the home farm was dismissed. The wife was ordered to pay spousal support to husband.
The husband appealed that decision and the Court of Appeal dismissed the appeal.
Lower court rulings
Wife shall pay to husband an equalization payment. Husband’s claim for a proprietary beneficial interest in the home farm dismissed.
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available