The court held the children were habitually resident in Arizona, found no basis for parens patriae relief, and dismissed the BC family action for want of jurisdiction.
The motion judge correctly applied the governing principles, reasonably concluded the appeal lacked merit and further delay would prejudice the respondent and the children, and therefore properly refused to extend time to perfect the appeal and to grant a stay; the panel found no error in principle or unreasonable result and dismissed the motion to set aside.
Master exercised discretion and found claimant met onus that sale of the Home is necessary and/or expedient because respondent, on the record, lacks financial capacity to maintain the property or refinance/buy out claimant, has failed to provide full financial disclosure, and sale is advantageous to both parties by converting equity to cash to address debts and promote settlement; accordingly ordered immediate listing and sale on specified terms, allowed claimant supervised retrieval of personal property, restrained disposal of certain household items, and ordered equal sharing of insurance a…
The court granted a divorce, refused spousal support, and awarded the vehicle to the respondent. It also ordered child support, daycare, and sole custody to the claimant.
Matrimonial trial over seven disputed properties, custody, support, and family assets. The court found the properties were jointly owned by L.S.D. and P.S.D. and granted support orders.
The court dismissed an application to change the trial venue from Terrace, finding no material change in circumstances or convincing evidence of safety or stress prejudice.
British Columbia Supreme Court family law judgment addressing dissipation of offshore funds, property reapportionment, custody, child support, spousal support, and divorce.
On the balance of probabilities the parties failed to prove differential values for vehicles or household contents; certain post‑separation sale proceeds and acknowledged account values are matrimonial and divisible; business/employment credit instruments and alleged parental loans were not established as matrimonial debts; the court accepted party‑acknowledged values for pension and RRSP and applied a 30% deduction for tax consequences, producing an equalization payment of $993.12 payable by Mr. Willison to Ms. Willison.
Family-law trial granting divorce, joint custody, support, and reapportionment of assets, with the mother as the child’s principal residence and costs to the defendant.