D.G.A. v. K.J.A.

D.G.A. v. K.J.A.

Court found reapportionment under s.65(1) was required: the economic disadvantage of the wife in securing retirement and handling major expenses justified an adjusted division. The court allocated all disputed deferred and future tax liabilities and any litigation liability to the husband, increased the wife's share of the matrimonial home proceeds (ultimately to 60%) and ordered a cash equalization payment from the wife to the husband to equalize remaining assets; the court declined to order spousal support, concluding reapportionment alone fairly addressed the disparity.

Citation
2003 BCSC 1736
Parties
Plaintiff (wife): D.G.A.; Defendant (husband): K.J.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2003
Procedural Posture
Family Law Division of Property and Spousal Support / Trial Judgment (reasons for Judgment)
Outcome
Reapportionment in favour of the plaintiff; no order for spousal support
Legal Topics
Reapportionment Under S.65 FRA, Equalization of Family Assets, Allocation of Post Separation Liabilities, Deferred Tax Liabilities, Film Tax Shelters, Spousal Maintenance
Source Language
English
Family Law Property Division Spousal Support Taxation Civil Procedure Reapportionment Under S.65 FRA Equalization of Family Assets Allocation of Post Separation Liabilities +3 more

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Parties

D.G.A.

Plaintiff (wife)

K.J.A.

Defendant (husband)

Procedural Posture

Family Law Division of Property and Spousal Support / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether equal division of family assets under s.56 of the Family Relations Act would be unfair and require reapportionment under s.65
  2. 2 Whether post-separation debts and deferred tax liabilities arising from marriage should be shared and in what proportion
  3. 3 Whether the wife is entitled to retroactive and ongoing spousal support

Ratio Decidendi

Court found reapportionment under s.65(1) was required: the economic disadvantage of the wife in securing retirement and handling major expenses justified an adjusted division. The court allocated all disputed deferred and future tax liabilities and any litigation liability to the husband, increased the wife's share of the matrimonial home proceeds (ultimately to 60%) and ordered a cash equalization payment from the wife to the husband to equalize remaining assets; the court declined to order spousal support, concluding reapportionment alone fairly addressed the disparity.

Court Disposition

Reapportionment in favour of the plaintiff; no order for spousal support

Orders

  • D.G.A. to pay K.J.A. $16500.00 to equalize division of specified disputed assets.
  • D.G.A. to receive 60% of the proceeds of the matrimonial home and K.J.A. to receive 40%; D.G.A. to receive the $27300.00 previously held in trust.