B.J.D. v. J.A.D.

B.J.D. v. J.A.D.

A master has a narrowly circumscribed jurisdiction to order a partial distribution of sale proceeds to address an emergent situation only if the master does not determine whether the asset or debt is a family asset/debt and is satisfied the distribution will not prejudice either party's right to argue for...

Source-derived case information.

Citation
2011 BCSC 919
Parties
Claimant: B.J.D.; Respondent: J.A.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2011
Procedural Posture
Family Law / Civil Chambers Application / Interlocutory (jurisdictional) Application in Chambers
Outcome
Ruled on jurisdiction only: master possesses very limited jurisdiction to order partial distribution of sale proceeds in emergent situations subject to conditions; merits of the proposed payment were not decided.
Legal Topics
Interim Distribution, Jurisdiction of Masters, Payment of Debts From Sale Proceeds, Family Relations Act Interpretation, Restraint on Disposition of Assets
Source Language
english
Family Law Civil Procedure Property Law Corporate/shareholder Law Interim Distribution Jurisdiction of Masters Payment of Debts From Sale Proceeds Family Relations Act Interpretation +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

B.J.D.

Claimant

J.A.D.

Respondent

Procedural Posture

Family Law / Civil Chambers Application / Interlocutory (jurisdictional) Application in Chambers

Legal Issues

  1. 1 Whether a master has jurisdiction to order interim payment of debts from proceeds held in trust
  2. 2 Whether payment of debts from sale proceeds would prejudice parties' rights at trial
  3. 3 Whether such an order would constitute a final determination of property rights or an interlocutory distribution

Ratio Decidendi

A master has a narrowly circumscribed jurisdiction to order a partial distribution of sale proceeds to address an emergent situation only if the master does not determine whether the asset or debt is a family asset/debt and is satisfied the distribution will not prejudice either party's right to argue for reapportionment at trial; ultimate determinations remain for the trial judge.

Court Disposition

Ruled on jurisdiction only: master possesses very limited jurisdiction to order partial distribution of sale proceeds in emergent situations subject to conditions; merits of the proposed payment were not decided.