Deighton v. Deighton

Deighton v. Deighton

The court ordered the CPL cancelled conditional on restraints and security because cancellation was appropriate while balancing the claimant's asserted interest and the respondent's hardship: the respondent must not dispose of her RRSP and $40,000 of the condominium sale proceeds must be held in trust pending...

Source-derived case information.

Citation
2018 BCSC 801
Parties
Claimant: Adam Deighton; Respondent: Erin Deighton also known as Erin Eileen Deighton also known as Erin Eileen Bennett also known as Erin Bennett
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 January 2018
Procedural Posture
Land Title Act Application (family Law Property Dispute) / Application to Cancel Certificate of Pending Litigation Under Ss.256 257
Outcome
Application granted in part: CPL ordered cancelled subject to conditions
Legal Topics
Certificate of Pending Litigation, Security for Release, Separation Agreement, RRSP Tracing, Private School Tuition, Child Support
Source Language
english
Family Law Property Law Land Title Act Civil Procedure Certificate of Pending Litigation Security for Release Separation Agreement RRSP Tracing +2 more

Source-derived case record

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Parties

Adam Deighton

Claimant

Erin Deighton also known as Erin Eileen Deighton also known as Erin Eileen Bennett also known as Erin Bennett

Respondent

Procedural Posture

Land Title Act Application (family Law Property Dispute) / Application to Cancel Certificate of Pending Litigation Under Ss.256 257

Legal Issues

  1. 1 Whether the certificate of pending litigation (CPL) registered against the respondent's condominium should be cancelled
  2. 2 What security, if any, is required to support cancellation of the CPL
  3. 3 Whether the claimant's allegation that $25,000 of the respondent's RRSP was used to purchase the condominium creates an interest requiring full proceeds as security

Ratio Decidendi

The court ordered the CPL cancelled conditional on restraints and security because cancellation was appropriate while balancing the claimant's asserted interest and the respondent's hardship: the respondent must not dispose of her RRSP and $40,000 of the condominium sale proceeds must be held in trust pending further order or agreement; full proceeds were unnecessary given the nature of the claim and evidence of traceability.

Court Disposition

Application granted in part: CPL ordered cancelled subject to conditions

Orders

  • The claimant shall cause the certificate of pending litigation against Strata Lot 8, District Lot 612, Strata Plan VR149 (5 - 1923 Purcell Way, North Vancouver) to be cancelled on conditions
  • The respondent is restrained from disposing of, transferring, converting, or exchanging her RRSPs