Fauteux v. Eng

Fauteux v. Eng

The Separation Agreement governed allocations; evidence established that Ms. Fauteux agreed to pay the Bank of Montreal debt from her settlement and failed to do so, therefore the Court found the Dodge Ram truck and the BMO debt are solely her responsibility; the RCI timeshare remained hers because she paid off the...

Source-derived case information.

Citation
2012 BCSC 394
Parties
Claimant: Andrea Michelle Fauteux; Respondent: Robert Richard Eng aka Robert Eng
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2012
Procedural Posture
Family Law Separation Agreement and Property/debt Allocation / Application for Summary Disposition (application Dated July 26, 2011); Decision on March 20, 2012
Outcome
Application granted in part and orders made resolving property and debt allocation in accordance with the Separation Agreement and evidentiary findings
Legal Topics
Separation Agreement, Division of Property, Liability for Debts, Enforcement of Judgment, Child Support and S.7 Expenses
Source Language
english
Family Law Property Law Contract Law Debt Enforcement Separation Agreement Division of Property Liability for Debts Enforcement of Judgment +1 more

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Parties

Andrea Michelle Fauteux

Claimant

Robert Richard Eng aka Robert Eng

Respondent

Procedural Posture

Family Law Separation Agreement and Property/debt Allocation / Application for Summary Disposition (application Dated July 26, 2011); Decision on March 20, 2012

Legal Issues

  1. 1 Whether the December 3, 2009 Separation Agreement is binding
  2. 2 Which party is liable for the Bank of Montreal loan and resulting judgment on the Dodge Ram truck
  3. 3 Ownership and responsibility for the RCI timeshare

Ratio Decidendi

The Separation Agreement governed allocations; evidence established that Ms. Fauteux agreed to pay the Bank of Montreal debt from her settlement and failed to do so, therefore the Court found the Dodge Ram truck and the BMO debt are solely her responsibility; the RCI timeshare remained hers because she paid off the balance; the Washington trailer title was to be transferred to Mr. Eng who would be solely responsible for its debt; Vancity debt was adjusted to account for a $5,000 prior debt and Ms. Fauteux was ordered to pay $600 within 21 days to reduce the balance to $9,400 which Mr. Eng would then pay under agreed terms; Ms. Fauteux was ordered to make periodic payment arrangements...

Court Disposition

Application granted in part and orders made resolving property and debt allocation in accordance with the Separation Agreement and evidentiary findings

Orders

  • The parties' agreed arrangements regarding child M.: daycare and extracurricular costs to be shared proportionate to income; proof of s.7 expenses to be provided within 14 days of request; exchange/pickup responsibilities as agreed
  • The RCI timeshare is the sole property of Andrea Fauteux (she paid the balance of $10,553.51 on May 25, 2010)