K.G.L. v. Y.L.

K.G.L. v. Y.L.

The separation agreement and the Form A Freehold Transfer were void because Mr. Y.L. did not understand their nature and was misled by Ms. K.G.L.; the divorce obtained by misrepresentation was a nullity and not a triggering event; the triggering event is the trial and the court will reapportion family assets under s65 with valuation at separation for liquid assets and at trial date for most assets; orders follow for sale and division of the matrimonial home, compensation for HK funds, retention of current possessions, joint custody with specified access and child support in accordance with guidelines.

Citation
2004 BCSC 234
Parties
Plaintiff (family Law): K.G.L.; Defendant (counterclaimant): Y.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2004
Procedural Posture
Family Law Divorce, Property Division, Custody / Trial Reasons for Judgment (final Disposition)
Outcome
Agreement and Form A Freehold Transfer declared void; divorce order set aside as a nullity; court ordered reapportionment of family assets under Family Relations Act s65; matrimonial home to be sold and proceeds divided; Mr. Y.L. awarded compensation for half value of family funds held by Ms. K.G.L.'s brother; joint...
Legal Topics
Separation Agreement Validity, Division of Family Assets Under S65, Duress/misrepresentation/undue Influence, Child Custody and Access, Child Support and Maintenance
Source Language
English
Family Law Property Law Contract Law Separation Agreement Validity Division of Family Assets Under S65 Duress/misrepresentation/undue Influence Child Custody and Access Child Support and Maintenance

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Parties

K.G.L.

Plaintiff (family Law)

Y.L.

Defendant (counterclaimant)

Procedural Posture

Family Law Divorce, Property Division, Custody / Trial Reasons for Judgment (final Disposition)

Legal Issues

  1. 1 Whether the May 9, 2002 separation agreement and the June 5, 2002 Form A Freehold Transfer are legally effective
  2. 2 Whether the divorce obtained on September 6, 2002 is a triggering event under the Family Relations Act
  3. 3 Appropriate division of family assets under s65 given alleged unconscionable conduct

Ratio Decidendi

The separation agreement and the Form A Freehold Transfer were void because Mr. Y.L. did not understand their nature and was misled by Ms. K.G.L.; the divorce obtained by misrepresentation was a nullity and not a triggering event; the triggering event is the trial and the court will reapportion family assets under s65 with valuation at separation for liquid assets and at trial date for most assets; orders follow for sale and division of the matrimonial home, compensation for HK funds, retention of current possessions, joint custody with specified access and child support in accordance with guidelines.

Court Disposition

Agreement and Form A Freehold Transfer declared void; divorce order set aside as a nullity; court ordered reapportionment of family assets under Family Relations Act s65; matrimonial home to be sold and proceeds divided; Mr. Y.L. awarded compensation for half value of family funds held by Ms. K.G.L.'s brother; joint...

Orders

  • Separation agreement and Form A Freehold Transfer declared void
  • Divorce granted on September 6, 2002 is a nullity and not a triggering event