T.S. v. M.S.

T.S. v. M.S.

Court found the original $20,000 advance (2001) was a loan secured by the original second mortgage but the three subsequent large advances characterized as bonuses (2006, 2006, 2007) were gifts; as a result J.P. holds the net proceeds of sale in excess of the $20,000 secured amount on trust for M.S. and T.S., those...

Source-derived case information.

Citation
2011 BCSC 1715
Parties
Claimant: T.S.; Respondent: M.S.; Respondent: J.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2011
Procedural Posture
Family Law Divorce and Property Division / Reasons for Judgment
Outcome
Judgment for parties as set out in orders: divorce granted; declaration of beneficial interest in proceeds; reapportionment and payments to claimant; retroactive child support awarded; custody and parenting orders by consent; pension and CPP division ordered.
Legal Topics
Retroactive Child Support, Resulting Trust Vs Gift, Division of Family Assets, Reapportionment Under S.65 FRA, Section 7 Expenses (guidelines), Compensation Order S.66 FRA, Characterization of Advances and Mortgage
Source Language
english
Family Law Property Law Trusts Child Support Pension Division Retroactive Child Support Resulting Trust Vs Gift Division of Family Assets +4 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 6 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

T.S.

Claimant

M.S.

Respondent

J.P.

Respondent

Procedural Posture

Family Law Divorce and Property Division / Reasons for Judgment

Legal Issues

  1. 1 Whether advances from J.P. were loans or gifts
  2. 2 Whether J.P. holds proceeds of sale in trust for M.S. and T.S.
  3. 3 Whether proceeds of sale are family assets divisible between spouses

Ratio Decidendi

Court found the original $20,000 advance (2001) was a loan secured by the original second mortgage but the three subsequent large advances characterized as bonuses (2006, 2006, 2007) were gifts; as a result J.P. holds the net proceeds of sale in excess of the $20,000 secured amount on trust for M.S. and T.S., those proceeds are a family asset, $65,000 of the proceeds is reapportioned 75% to M.S. and the balance is divided equally, resulting in a $81,826.68 award to T.S.; M.S. entitled to pension division; retroactive child support awarded from November 1, 2009 with total arrears including one-half s.7 expenses of $5,652.19.

Court Disposition

Judgment for parties as set out in orders: divorce granted; declaration of beneficial interest in proceeds; reapportionment and payments to claimant; retroactive child support awarded; custody and parenting orders by consent; pension and CPP division ordered.

Orders

  • Divorce granted effective 30 days from date of Reasons
  • By consent, joint custody and joint guardianship with primary residence to M.S.; parenting schedule set out by consent