Strom-Postnikoff v. Postnikoff

Strom-Postnikoff v. Postnikoff

The application was dismissed because there were multiple, material conflicts in the affidavit evidence, significant interdependent and complex issues including valuation and contributions relating to business and property, a substantial amount was at issue, and the court could not reliably find the necessary facts...

Source-derived case information.

Citation
2012 BCSC 1495
Parties
Claimant: Linda Louise Strom-Postnikoff; Respondent: Philip Samuel Postnikoff
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 October 2012
Procedural Posture
Family Law Divorce, Division of Family Property and Spousal Support / Summary Trial Application Under Rule 11 3 Dismissed
Outcome
Claimant's summary trial application dismissed
Legal Topics
Summary Trial, Division of Family Property, Spousal Support, Valuation of Business, Pension and RRSP Apportionment, Credibility of Affidavits, Imputation of Income, Capital Cost Allowance Deductions
Source Language
english
Family Law Civil Procedure Property Law Evidence Summary Trial Division of Family Property Spousal Support Valuation of Business +4 more

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Parties

Linda Louise Strom-Postnikoff

Claimant

Philip Samuel Postnikoff

Respondent

Procedural Posture

Family Law Divorce, Division of Family Property and Spousal Support / Summary Trial Application Under Rule 11 3 Dismissed

Legal Issues

  1. 1 Whether the matter was suitable for resolution by summary trial under Rule 11-3
  2. 2 Whether equal division or reapportionment of family assets including pension/RRSPs should be ordered
  3. 3 Whether spousal maintenance should be finally determined and what income to impute to the claimant

Ratio Decidendi

The application was dismissed because there were multiple, material conflicts in the affidavit evidence, significant interdependent and complex issues including valuation and contributions relating to business and property, a substantial amount was at issue, and the court could not reliably find the necessary facts or make credibility determinations on the record presented, making a summary trial unjust in the circumstances.

Court Disposition

Claimant's summary trial application dismissed

Orders

  • Application dismissed
  • Costs of this application to be in the cause