M.A.T. v. K.P.T.

M.A.T. v. K.P.T.

The court dismissed the claimant's request for a reconciliation/compensation order under s.97(2)(c) because no finding of significant unfairness was sought or established and the Consent Order provided for equal division; the court declined to find the alleged Genie capital call a family debt due to vague and insufficient evidence; the respondent's guideline income was determined as $611,000 for 2014, $808,467 for 2015, and an imputed income of $800,000 per year for 2016 onward given capacity and intentional underemployment concerns; A. was a child of the marriage until about March 1, 2016 on mental health grounds and may remain so contingently if the respondent produces proof of...

Citation
2017 BCSC 1603
Parties
Claimant: M.A.T.; Respondent: K.P.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2017
Procedural Posture
Family Law Property Division, Child Support and Spousal Support / Trial Reasons for Judgment (final Decision)
Outcome
Judgment for parts of claimant's claims and for parts of respondent's positions: claimant's applications for reconciliation and compensation under s.97 dismissed; respondent's asserted Genie family debt not established; respondent's incomes fixed/imputed; A. found a child of the marriage until March 1, 2016 and...
Legal Topics
Compensation Order Under S.97 FLA, Reconciliation of Post Separation Assets, Imputation of Income, Adult Child of the Marriage, Special/extraordinary S.7 Expenses, Application of Spousal Support Advisory Guidelines (ssag) Above Ceiling, Genie Shareholder Capital Call, Consent Order Adjustments
Source Language
English
Family Law Property Division Child Support Spousal Support Trusts/shares (corporate) Evidence/credibility Compensation Order Under S.97 FLA Reconciliation of Post Separation Assets +6 more

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Parties

M.A.T.

Claimant

K.P.T.

Respondent

Procedural Posture

Family Law Property Division, Child Support and Spousal Support / Trial Reasons for Judgment (final Decision)

Legal Issues

  1. 1 Whether equal division should be adjusted to account for use of accounts post-separation and whether compensation under s.97(2)(c) is warranted
  2. 2 Whether claimant is responsible for respondent's alleged Genie capital call obligation (family debt)
  3. 3 Proper determination of respondent's income for 2014 onward and whether income should be imputed

Ratio Decidendi

The court dismissed the claimant's request for a reconciliation/compensation order under s.97(2)(c) because no finding of significant unfairness was sought or established and the Consent Order provided for equal division; the court declined to find the alleged Genie capital call a family debt due to vague and insufficient evidence; the respondent's guideline income was determined as $611,000 for 2014, $808,467 for 2015, and an imputed income of $800,000 per year for 2016 onward given capacity and intentional underemployment concerns; A. was a child of the marriage until about March 1, 2016 on mental health grounds and may remain so contingently if the respondent produces proof of...

Court Disposition

Judgment for parts of claimant's claims and for parts of respondent's positions: claimant's applications for reconciliation and compensation under s.97 dismissed; respondent's asserted Genie family debt not established; respondent's incomes fixed/imputed; A. found a child of the marriage until March 1, 2016 and...

Orders

  • Claimant's application for directions regarding reconciliation of the AAA Account and for a compensation order under s.97 dismissed
  • Respondent's claim that the Genie capital call is a family debt dismissed for lack of proof