McKinley v. McKinley

McKinley v. McKinley

The court held that the dissolution (divorce) was the triggering event fixing the valuation date; family assets are to be divided equally subject to specific allowable offsets shown on the evidence; the respondent was ordered to purchase the claimant's one-half interest in the home for a calculated net sum after...

Source-derived case information.

Citation
2014 BCSC 1772
Parties
Claimant: Candace Sue McKinley; Respondent: Dean Ralph McKinley
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2014
Procedural Posture
Family Law Divorce / Final Judgment (reasons for Judgment)
Outcome
Judgment granting divorce; property division and support orders as set out below.
Legal Topics
Triggering Event, Valuation Date, Buyout of Matrimonial Home, Deductions From Family Asset Division, Entitlement and Duration of Spousal Support, Child Support Calculation
Source Language
english
Family Law Property Division Spousal Support Child Support Pension Division Triggering Event Valuation Date Buyout of Matrimonial Home +3 more

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Summary, issues, holding and outcome

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Parties

Candace Sue McKinley

Claimant

Dean Ralph McKinley

Respondent

Procedural Posture

Family Law Divorce / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 What was the triggering event for application of the Family Relations Act and the valuation date for family assets
  2. 2 Whether the September 11, 2012 consent order constituted a separation agreement
  3. 3 Proper valuation and net division of the matrimonial home and allowable deductions from the claimant's share

Ratio Decidendi

The court held that the dissolution (divorce) was the triggering event fixing the valuation date; family assets are to be divided equally subject to specific allowable offsets shown on the evidence; the respondent was ordered to purchase the claimant's one-half interest in the home for a calculated net sum after deductions; child support was set by reference to table amounts based on respondent income; spousal support awarded to assist claimant toward self-sufficiency but limited in duration to respondent's retirement at 65 given the parties' facts and limited economic disadvantage to claimant.

Court Disposition

Judgment granting divorce; property division and support orders as set out below.

Orders

  • Divorce granted (dissolution of marriage)
  • Respondent to purchase claimant's one-half interest in the family home for CAD 142786