M.K. v. R.C.N. and M.B.

M.K. v. R.C.N. and M.B.

On the evidence the court concluded there was insufficient proof that M.K. owned A.[ ] or the alleged Eagle Star investment or beneficial interest in the Syrian house; the Syrian cooperative interest (valued at $48,000) is a family asset held in R.C.N.'s name; the $19,500 in the safety deposit box is R.C.N.'s...

Source-derived case information.

Citation
2005 BCSC 1268
Parties
Plaintiff: M.K.; Defendant: R.C.N.; Defendant: M.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 September 2005
Procedural Posture
Family Law Divorce, Custody, Support and Property Division / Trial Judgment (reasons for Judgment)
Outcome
Partial judgment resolving custody arrangements, asset identification and division, child and spousal support and security for support
Legal Topics
Asset Characterization, Imputation of Income, Reapportionment Under S.65 FRA, Family Debt (loan V Gift), Custody and Guardianship
Source Language
english
Family Law Divorce Child Support Spousal Support Property Division Asset Characterization Imputation of Income Reapportionment Under S.65 FRA +2 more

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Parties

M.K.

Plaintiff

R.C.N.

Defendant

M.B.

Defendant

Procedural Posture

Family Law Divorce, Custody, Support and Property Division / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Identification and valuation of family assets
  2. 2 Whether advances from Mr. A.K. constitute a loan/family debt
  3. 3 Whether to reapportion family assets under s.65 FRA

Ratio Decidendi

On the evidence the court concluded there was insufficient proof that M.K. owned A.[ ] or the alleged Eagle Star investment or beneficial interest in the Syrian house; the Syrian cooperative interest (valued at $48,000) is a family asset held in R.C.N.'s name; the $19,500 in the safety deposit box is R.C.N.'s separate property; advances from Mr. A.K. were not proven to be loans and are not a family debt; assets were reapportioned on an asset-by-asset basis giving R.C.N. the furnishings, Syrian cooperative interest and a 65:35 share of home sale proceeds in her favour; child support based on actual current income of $2,800 CAD/month effective Jan 1, 2005, plus proportionate s.7 expenses;...

Court Disposition

Partial judgment resolving custody arrangements, asset identification and division, child and spousal support and security for support

Orders

  • Parties granted joint custody and joint guardianship; primary residence of children with R.C.N.; telephone access for M.K. Sundays 6:00–8:00 p.m. Vancouver time
  • Neither party to remove children from British Columbia without consent or court order; earlier restraining order against M.K. varied