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Jayawickrema v. Jayawickrema这个案例中,安大略Superior Court of Justice评价道:在庭审之后,妻子的生意受到了新冠病毒的直接波及,因为她的生意涉及到学生,所以安大略省对于社交隔离的规定影响到她经营生意的能力。

Neither party affirmatively dealt with the issue of unconscionability in their evidence even though it was a trial issue. No case law was provided to the Court. The wife seems to have been oblivious to the possibility that she could be exposed to such a claim and the husband dismissed it entirely. This is especially concerning for a couple of reasons:

(a)   Since the trial concluded, the COVID-19 pandemic has decimated the global economy. It was inferentially clear from the wife’s evidence that her business involved students and, quite possibly, people in close contact with each other. Public Health guidelines and restrictions have likely impacted the wife’s ability to operate her business, pay the mortgage on its premises and thus fund any equalization payment; …



While I have every reason to suspect that the current pandemic is having, and may for the foreseeable future have, an impact on the wife’s business and possibly the value of her realty, I am not persuaded that she has met the exceptionally high evidentiary onus for unconscionability required by s. 5(6)(h) of the Act.

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