B.J. v. S.P.

B.J. v. S.P.

On the balance of probabilities the court found the date of separation to be September 27, 2017; the 129 Property was purchased and paid for with family assets and, despite legal title transferred to R.P. for nominal consideration, R.P. did not provide value or assume true mortgage responsibility and therefore holds title in trust for B.J. and S.P.; the 248 Property was purchased with family assets and claimant is entitled to an undivided half interest; specific vehicles and proceeds were declared family property or excluded based on evidence; CRA debt assessed in 2018 is S.P.'s personal responsibility. The court relied on the parties' conduct, corroborative documents and adverse...

Citation
2023 BCSC 409
Parties
Claimant: B.J.; Respondent: S.P.; Respondent: R.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 March 2023
Procedural Posture
Family Law — Property and Debt Division (family Law Act) / Trial Judgment (reasons for Judgment)
Outcome
Property division orders made: 129 Property held on resulting trust by R.P. for B.J. and S.P.; claimant awarded undivided half interest in 248 Property; specified vehicles, proceeds and RESPs declared family property and divided or held for children's benefit; CRA debt is S.P.'s sole responsibility; other assets...
Legal Topics
Date of Separation, Beneficial Ownership, Resulting Trust, Division of Family Property, Excluded Property, Burden of Proof, Valuation, Possession, Costs
Source Language
English
Family Law Property Law Trusts and Equity Real Property Evidence Date of Separation Beneficial Ownership Resulting Trust +6 more

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Parties

B.J.

Claimant

S.P.

Respondent

R.P.

Respondent

Procedural Posture

Family Law — Property and Debt Division (family Law Act) / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 What is the date of separation between B.J. and S.P.?
  2. 2 Is the 129 Property family property and who are the beneficial owners?
  3. 3 Is the 248 Property family property and how is it to be divided?

Ratio Decidendi

On the balance of probabilities the court found the date of separation to be September 27, 2017; the 129 Property was purchased and paid for with family assets and, despite legal title transferred to R.P. for nominal consideration, R.P. did not provide value or assume true mortgage responsibility and therefore holds title in trust for B.J. and S.P.; the 248 Property was purchased with family assets and claimant is entitled to an undivided half interest; specific vehicles and proceeds were declared family property or excluded based on evidence; CRA debt assessed in 2018 is S.P.'s personal responsibility. The court relied on the parties' conduct, corroborative documents and adverse...

Court Disposition

Property division orders made: 129 Property held on resulting trust by R.P. for B.J. and S.P.; claimant awarded undivided half interest in 248 Property; specified vehicles, proceeds and RESPs declared family property and divided or held for children's benefit; CRA debt is S.P.'s sole responsibility; other assets...

Orders

  • R.P. holds title to the 129 Property in trust for B.J. and S.P., who are the only beneficial owners of that property
  • Claimant is entitled to an undivided one half interest in the 248 Property; any alleged vendor take back mortgage not attributable to claimant's half interest and any third‑party claim for such debt is S.P.'s sole responsibility