Negus v. Yehia

Negus v. Yehia

The application for a further interim distribution was dismissed because s.89's purpose had been met by pre-trial advances and a full trial had already occurred so an additional advance would not further the statutory objectives; however, the claimant was granted sole conduct of sale for the Cambie Nanaimo property because the respondent allowed the listing to lapse and thereby failed to comply with the prior court order, and the sale must be managed to realize the asset with court approval required for any acceptance of offers.

Citation
2018 BCSC 3
Parties
Claimant: Sally Anne Negus; Respondent: Sam Yehia; Respondent: The Jalboh Family Trust; Respondent: Cambie Malone's Corporation; Respondent: Cambie Malone' s Developments Corp.; Respondent: Cambie Holdings (Vancouver) Corp.; Respondent: Cambie Holdings (Nanaimo) Corp.; Respondent: Esquimalt Holdings Corp.; Respondent: 494989 BC Ltd.; Respondent: 0527425 BC Ltd.; Respondent: 0709961 BC Ltd.; Respondent: 0790012 BC Ltd.; Respondent: 0828508 BC Ltd.; Respondent: 0829386 BC Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 January 2018
Procedural Posture
Family Law Division of Family Property / Interim Application During Trial With Judgment Reserved
Outcome
Application partly dismissed and partly granted: further interim distribution denied; claimant granted sole conduct of sale of Cambie Nanaimo property subject to court approval of any sale.
Legal Topics
Interim Distribution Under S.89, Family Property Valuation, Conduct of Sale, Compliance With Prior Court Order
Source Language
English
Family Law Property Law Civil Procedure Interim Distribution Under S.89 Family Property Valuation Conduct of Sale Compliance With Prior Court Order

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Parties

Sally Anne Negus

Claimant

Sam Yehia

Respondent

The Jalboh Family Trust

Respondent

Cambie Malone's Corporation

Respondent

Cambie Malone' s Developments Corp.

Respondent

Cambie Holdings (Vancouver) Corp.

Respondent

Cambie Holdings (Nanaimo) Corp.

Respondent

Esquimalt Holdings Corp.

Respondent

494989 BC Ltd.

Respondent

0527425 BC Ltd.

Respondent

0709961 BC Ltd.

Respondent

0790012 BC Ltd.

Respondent

0828508 BC Ltd.

Respondent

0829386 BC Ltd.

Respondent

Procedural Posture

Family Law Division of Family Property / Interim Application During Trial With Judgment Reserved

Legal Issues

  1. 1 Whether a further interim distribution under s.89 of the Family Law Act is justified after trial has been conducted
  2. 2 Whether the claimant should be granted sole conduct of sale of the Cambie Nanaimo property
  3. 3 Whether the respondent complied with a prior order to list the property for sale

Ratio Decidendi

The application for a further interim distribution was dismissed because s.89's purpose had been met by pre-trial advances and a full trial had already occurred so an additional advance would not further the statutory objectives; however, the claimant was granted sole conduct of sale for the Cambie Nanaimo property because the respondent allowed the listing to lapse and thereby failed to comply with the prior court order, and the sale must be managed to realize the asset with court approval required for any acceptance of offers.

Court Disposition

Application partly dismissed and partly granted: further interim distribution denied; claimant granted sole conduct of sale of Cambie Nanaimo property subject to court approval of any sale.

Orders

  • Application for further interim distribution of $500,000 dismissed
  • Land and buildings known as the Cambie Nanaimo, 63 Victoria Crescent, Nanaimo, BC, PID 027-607-518, Lot A Section 1 Nanaimo District Plan VIP85529, to be forthwith listed for sale