Stacey v. Stacey

Stacey v. Stacey

Because s.57 is discretionary and granting the declaratory judgment would foreclose the respondent's statutory rights under the FRA to share in the Langley property's value, the Court declined to grant the declaration on the ground that the respondent would be disproportionately prejudiced compared to the claimant; uncertain potential recovery by quantum meruit did not outweigh that prejudice.

Citation
2012 BCSC 649
Parties
Claimant: Rose Marie Stacey; Respondent: Ramon Patrick Stacey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2012
Procedural Posture
Family Relations Act S.57 Declaration / Application for S.57 Declaration; Reasons for Judgment
Outcome
Declined to grant the s.57 declaratory judgment that the spouses have no reasonable prospect of reconciliation; costs awarded to the respondent
Legal Topics
Declaratory Judgment, Section 57 Family Relations Act, Family Asset Classification, Discretion to Grant Declaration, Quantum Meruit
Source Language
English
Family Law Property Law Estate Law Declaratory Judgment Section 57 Family Relations Act Family Asset Classification Discretion to Grant Declaration Quantum Meruit

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Parties

Rose Marie Stacey

Claimant

Ramon Patrick Stacey

Respondent

Procedural Posture

Family Relations Act S.57 Declaration / Application for S.57 Declaration; Reasons for Judgment

Legal Issues

  1. 1 Whether the court should grant a s.57 declaratory judgment that there is no reasonable prospect of reconciliation
  2. 2 Whether s.57 is discretionary and what factors guide that discretion
  3. 3 Whether granting the declaration would unjustly prejudice the respondent by excluding the Langley property from family assets

Ratio Decidendi

Because s.57 is discretionary and granting the declaratory judgment would foreclose the respondent's statutory rights under the FRA to share in the Langley property's value, the Court declined to grant the declaration on the ground that the respondent would be disproportionately prejudiced compared to the claimant; uncertain potential recovery by quantum meruit did not outweigh that prejudice.

Court Disposition

Declined to grant the s.57 declaratory judgment that the spouses have no reasonable prospect of reconciliation; costs awarded to the respondent

Orders

  • Declination of declaratory judgment under s.57 of the Family Relations Act
  • Costs awarded to the respondent in any event of the cause