Canadian courts and the legal profession have increasingly been tasked with the challenge of responding to cases where matrimonial property includes foreign-held assets. This paper reviews the growing issue of how to effect an equitable distribution of matrimonial property and what jurisdiction Canadian courts have in dealing with foreign assets. The authors discuss equalization of assets through reappointment of Canadian assets. Additionally, there is consideration for when the distribution of Canadian assets is not enough to effect an equitable distribution. Under this section of the paper, the authors review and discuss in personam orders regarding foreign property, deference to the foreign jurisdiction, and compensation orders.

This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on January 6, 2016 and in Edmonton on January 12, 2016.