Canada Case Law

Rozen v. Rozen

Court

Supreme Court of British Columbia

Family property, debt, retroactive support, and child support were decided after a 24-year marriage and long separation, with an equal division ordered and credits applied.

• Division of family property under family law act s.81 and s.95
• Rrsp equalization and rollovers
• Valuation of closely held business and corporate interests
• Imputation of income under federal child support guidelines s.19
• Retroactive spousal support and effect of delay
• Calculation of child support under federal guidelines

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Moxon v. Moxon

Court

Supreme Court of British Columbia

In this family-law costs ruling, the court found neither party achieved substantial success and declined costs to either side, with expert and hearing fees shared equally.

• Substantial success for costs
• Offers to settle (rule 11-1)
• Reapportionment of family property
• Business valuation
• Special/increased costs against counsel
• Interest on awards

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Bourcier v. Martens

Court

Supreme Court of British Columbia

Family property and spousal support were divided after a trial about excluded property, business valuation, foreign assets, and the valuation date for a jointly owned property.

• Valuation date under s.87 fla
• Excluded property under s.85 fla
• Unequal division under s.95 fla
• Division of corporate interests (holdco/nufloors)
• Treatment of personal injury settlement
• Spousal support entitlement and quantum

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Afghahi v. Mekhael

Court

Court of Appeal for Ontario

Appeal allowed in part because the trial judge committed a palpable and overriding error by disallowing the appellant's claimed marriage-date deduction of $248,567 for a Kimiya shareholder loan where the record contained sufficient evidence to establish the debt at marriage; the remainder of the trial judge's findings (income imputations, IRG valuation at nil, dismissal of unjust enrichment, acceptance of expert appraisal evidence) were supported by the record and not demonstrably erroneous; respondent's motion for fresh evidence was dismissed because the document was already in the trial rec…

Source excerpt

• Imputation of income
• Equalization of net family property
• Marriage-date deduction
• Valuation of closely held business
• Shareholder loan
• Section 7 expenses

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A.J.S.A. v. K.L.W.

Court

Supreme Court of British Columbia

Family law trial granting divorce, revising parenting, fixing support, and dividing property after findings of family violence, conflict, and disclosure issues.

• Parenting time
• Decision-making authority
• Conduct orders
• Guidelines income
• S.7 special expenses
• Retroactive support

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R.W.W. v. L.M.B.

Court

Supreme Court of British Columbia

High-conflict family trial on child support, spousal support, and property division. The court imputed both parties’ incomes, partly awarded retroactive child support, and dismissed spousal support.

• Guideline income imputation
• Retroactive child support
• Section 7 extraordinary expenses
• Division of family debt
• Valuation of single‑person corporation
• Consent orders re resp

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Romanchuk v. Romanchuk

Court

Supreme Court of British Columbia

Family law trial on property division, spousal support, and child support. The court ordered divorce, upheld ongoing spousal support, and set a compensation payment for the claimant.

• Division of family property
• Valuation date
• Significant unfairness
• Compensation payment
• Guideline income for closely‑held company
• Dependent adult child

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Sea v. He

Court

Supreme Court of British Columbia

Family-law trial on property division, parenting, child support, spousal support, and credibility between separated spouses Sea and He.

• Division of family property
• Excluded property claims
• Unequal division under s.95 fla
• Valuation of closely held company goodwill
• Distributive tax considerations
• Imputing income for guidelines

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M.D. v. B.D.

Court

Supreme Court of British Columbia

High-conflict family trial on parenting, support, property, and divorce. The court ordered shared parenting, imputed income to M.D., and granted support and property relief.

• Parenting time and responsibilities
• Guardianship
• Income imputation and disclosure
• Retroactive and prospective child support
• Section 7 expenses (extraordinary expenses)
• Spousal support (compensatory and needs-based)

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Kargl-Fluckiger v. Fluckiger

Court

Supreme Court of British Columbia

Family law reasons on support, income attribution, and property division after a long marriage, including YVR valuation, RRSP exclusions, and a spousal support review date.

• Inclusion of corporate pre-tax income under guidelines s.18
• Imputing income for under-employment under guidelines s.19
• Section 7 extraordinary expenses
• Avoidance of double dipping in valuation
• Excluded property (rrsp) under family law act s.85
• Duration and review of spousal support

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