Canada Case Law

Stockfisch v. Rehbach

Court

Supreme Court of British Columbia

The court found on balance the parties were in a marriage-like relationship as of June 26, 2017 based on the respondent's prior statutory declaration and counsel's representations; certain assets acquired pre-relationship or gifted to respondent or family members are excluded property; specified vehicles and household items are family property valued at $27,200; the Carr Street Property is family property subject to a $15,000 excluded interest (1.62% of purchase price) and must be listed for sale with net proceeds distributed per the order including an occupational rent award to the claimant;…

Source excerpt

• Start of marriage-like relationship
• Excluded property under s.85
• Unequal division under s.95
• Asset valuation
• Occupational rent
• Spousal support entitlement, quantum and review

Read case analysis

Bekar v. Mordo

Court

Supreme Court of British Columbia

The court ordered interim spousal support of $4,000 monthly, refused to set aside a protection order, and awarded Frankie the dog to Ms. Bekar.

• Interim spousal support
• Imputation of income from capital transactions
• Means - capital v. income
• Ex parte/without notice disclosure obligations
• Family law act s.97 companion animal factors
• Document production

Read case analysis

Kiss v. Leung

Court

Supreme Court of British Columbia

The court dismissed a family property claim, finding no two-year marriage-like relationship, no entitlement to property division, and no change to dog possession.

• Marriage-like relationship
• Cohabitation
• Division of family property
• Certificate of pending litigation
• Companion animal ownership
• Credibility assessment

Read case analysis