Canada Judgment

Supreme Court of British Columbia

D.L. v. J.L.

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Source document

01

Holding and result

Because the Consent Order dividing the family home included a $20,000 adjustment in favour of the respondent to account for post-separation expenses, those expenses were treated as dealt with; therefore the respondent's RRSP is to be valued at the date of separation and divided equally between the parties with no further deduction for post-separation debt.

Court disposition

RRSP valued at date of separation and divided equally between the parties; no deduction for respondent's post-separation debt

Orders

  • RRSP to be valued at the date of separation and divided equally between the parties

02

Material facts

Parties

D.L.

Claimant Counsel: K.P. All

J.L.

Respondent Counsel: S. Beesley

Amounts and remedies

  • Respondent's Claimed Post Separation Debt: CAD 17,457.8
  • Consent Order Adjustment in Favour of Respondent: CAD 20,000

03

Procedural history

  1. Posture

    Family Law Division of Matrimonial Property / Supplementary Reasons for Judgment (division of Rrsp)

04

Questions and positions

Legal issues

Party arguments

Applicant
The claimant submits that his share of the post-separation expenses was dealt with in the Consent Order dividing the family home, which included a $20,000 adjustment in favour of the respondent to account for those expenses, and therefore the RRSP should be divided equally without any deduction.
Respondent
The respondent agrees to equal division of the RRSP only if the respondent's share of family debt incurred post-separation (calculated at $17,457.80) is deducted from the claimant's share.

05

Court’s reasoning

  1. 01

    Supreme Court of British Columbia judgment D.L. v. J.L., 2017 BCSC 1011

    Assets intended to be adjusted by agreement (Consent Order) are to be treated as accounting for the matters the order addresses.

  2. 02

    Supreme Court of British Columbia judgment D.L. v. J.L., 2017 BCSC 1011

    Valuation of family property for division may be set at the date of separation where appropriate.

06

Ratio, limits and disposition

Ratio decidendi

Because the Consent Order dividing the family home included a $20,000 adjustment in favour of the respondent to account for post-separation expenses, those expenses were treated as dealt with; therefore the respondent's RRSP is to be valued at the date of separation and divided equally between the parties with no further deduction for post-separation debt.

Court disposition

RRSP valued at date of separation and divided equally between the parties; no deduction for respondent's post-separation debt

  • RRSP to be valued at the date of separation and divided equally between the parties

Source and reliance status

Supreme Court of British Columbia · 20 June 2017

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of British Columbia

Judgment· 20 June 2017

2017 BCSC 1011

2017 BCSC 1011 D.L. v. J.L.

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: D.L. v. J.L., 2017 BCSC 1011 Date: 20170620 Docket: E160127 Registry: Vancouver Between: D.L. Claimant And J.L. Respondent Before: The Honourable Madam Justice Murray Supplementary Reasons to: D.L. v. J.L., 2017 BCSC 801 Corrected Judgment: These reasons have been amended throughout to anonymize the parties to this proceeding, as well as their child on October 31, 2017 Supplemental Reasons for Judgment Re: Division of the RRSP Counsel for the Claimant: K.P. All Counsel for the Respondent: S. Beesley Written Submissions of the Respondent Received: May 19, 2017 Written Submissions of the Claimant Received: May 26, 2017 Place and Date of Supplementary Reasons for Judgment: Vancouver, B.C. June 20, 2017 Introduction [1] In my Reasons for Judgment on the summary trial dated May 15, 2017, I reserved the decision regarding the division of the respondent's RRSP pending further information from the parties. [2] I have since received that information. This ruling deals with the division of the RRSP.

RRSP [3] The claimant seeks half of the respondent's RRSP. [4] The respondent agrees to an equal division of her RRSP provided that the respondent's share of the family debt she incurred post-separation is deducted from the claimant's share. The respondent calculates this to be $17,457.80 [5] The claimant argues that his share of the post-separation expenses was dealt with in the Consent Order reached between the parties regarding division of the family home. In that agreement the parties agreed that the home would be divided equally between them with a $20,000 adjustment in favour of the respondent. This adjustment was to account for the above-mentioned expenses. [6] Given that the post-separation expenses have been dealt with in the division of the family home, I order that the RRSP should be valued at the date of separation and divided equally between the parties. "The Honourable Madam Justice Murray"

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

D.L. v. J.L., 2017 BCSC 801

Case cited

D.L. v. J.L., 2017 BCSC 1011

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