D.M.C. v. B.T.C.

D.M.C. v. B.T.C.

T.C.'s one-third interest in the former matrimonial home is held in constructive trust for Mr. and Mrs. D.M.C. and must be transferred to them in equal shares; the $53,000 inheritance was a family asset but B.T.C.'s interest is limited to 10% ($5,300); Mrs. D.M.C. is entitled to limited spousal support of $396 per month for 23 months; the house shall be sold in 24 months (or earlier by agreement) with net proceeds divided equally; injunction to bar smoking and claim for occupation rent are dismissed; specific allocations and reimbursements ordered for RRSP, pension, life insurance, vehicles and trailer; costs allocated as specified.

Citation
2003 BCSC 1715
Parties
Plaintiff: D.M.C.; Defendant: B.T.C.; Defendant: T.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 November 2003
Procedural Posture
Family Law Divorce, Property Division and Spousal Support / Trial Reasons for Judgment
Outcome
Judgment partially for plaintiff and partially for defendants; constructive trust declared; mixed orders on property division, spousal support, injunction and costs.
Legal Topics
Constructive Trust, Division of Family Assets, Spousal Support, Occupation Rent, Injunctive Relief Re: Child Exposure to Smoke, Characterization of Inheritance
Source Language
English
Family Law Property Law Trusts Inheritance Law Equitable Remedies Constructive Trust Division of Family Assets Spousal Support +3 more

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Parties

D.M.C.

Plaintiff

B.T.C.

Defendant

T.C.

Defendant

Procedural Posture

Family Law Divorce, Property Division and Spousal Support / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether T.C.'s 1/3 title interest is held in constructive trust for the spouses
  2. 2 Whether the $53,000 inheritance constitutes family property and its proper division
  3. 3 Whether Mrs. D.M.C. is entitled to spousal support and quantum/duration

Ratio Decidendi

T.C.'s one-third interest in the former matrimonial home is held in constructive trust for Mr. and Mrs. D.M.C. and must be transferred to them in equal shares; the $53,000 inheritance was a family asset but B.T.C.'s interest is limited to 10% ($5,300); Mrs. D.M.C. is entitled to limited spousal support of $396 per month for 23 months; the house shall be sold in 24 months (or earlier by agreement) with net proceeds divided equally; injunction to bar smoking and claim for occupation rent are dismissed; specific allocations and reimbursements ordered for RRSP, pension, life insurance, vehicles and trailer; costs allocated as specified.

Court Disposition

Judgment partially for plaintiff and partially for defendants; constructive trust declared; mixed orders on property division, spousal support, injunction and costs.

Orders

  • Declare that T.C. holds his 1/3 interest in the former matrimonial home in trust for Mr. and Mrs. D.M.C. and order transfer of that interest to them in equal shares
  • Authorize District Registrar to sign transfer documents if T.C. does not convey his interest within two weeks; costs of preparation and registration on Mrs. D.M.C.'s account