Canada Case Law

Sahota v. Sahota

Court

Supreme Court of British Columbia

The court ordered an unequal division of family property (65% to the claimant, 35% to the respondent) because the respondent's conduct—preventing the timely sale of the Larson Road property (thereby causing loss of the Family Home), failing to use the Antrim loan as required by the 2022 Agreement, providing deficient financial disclosure, and prolonged marked disparities in contributions and efforts to preserve family property—made an equal division significantly unfair under s.95 FLA. The Antrim loan (213,326.99) was allocated to the respondent, other identified business and CRA debts were s…

Source excerpt

• Family law act s.81 s.84 s.87 s.95
• Unequal division of family property
• Enforceability of separation/reconciliation agreement (2022 agreement)
• Financial disclosure obligations
• Allocation of business and personal debts
• Spousal support entitlement and principles

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Hill v. Kelly

Court

Supreme Court of British Columbia

Trial judgment on family property, business debts, spousal support and divorce. The SPA was enforced, home proceeds were divided, and divorce was granted.

• Division of family home proceeds
• Enforceability of share purchase agreement
• Allocation of business debts
• Occupational rent
• Retroactive and prospective spousal support
• Pension and investment division

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Access Road Capital, LLC v. Bron Media Corp.

Court

Supreme Court of British Columbia

The court postponed appointing a receiver over Bron Media’s assets, giving it until May 1, 2023 to pay Access Road in full before a receiver would be appointed.

• Appointment of receiver
• Just and convenient test
• Priority of secured creditors
• Forbearance and consent judgment enforcement
• Examination in aid of execution
• Preliminary financing/term sheets

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Royal Bank of Canada v. Superior Flood and Fire Restoration Inc.

Court

Supreme Court of British Columbia

The court granted Royal Bank of Canada judgment on guarantees against Josip Tolzmann, finding demand was validly posted to the last known address and rejecting abuse of process and special costs arguments.

• Guarantee
• Demand
• Service
• Summary trial
• Summary judgment
• Costs

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Y.L.M. v. J.B.M.

Court

Supreme Court of British Columbia

The court enforced a separation agreement clause requiring the children to attend North Shore school, finding it served their best interests under the Family Law Act.

• Best interests of the child
• Variation of separation agreement
• Schooling and residence of children
• Views of the child
• Best-interests-of-the-child
• Separation-agreement-variation

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Aero Attack Systems Inc. v. Safari Express Aircraft Maintenance Ltd.

Court

Supreme Court of British Columbia

The court awarded special costs to Safari Express from the date of the settlement agreement, finding post-settlement delay, obstruction, and baseless attacks on counsel reprehensible.

• Special costs
• Reprehensible conduct
• Settlement agreement
• Service of documents
• Summary trial
• Law society complaint

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UD Trading Group Holding Pte. Limited v. TransAsia Private Capital Limited

Court

Court of Appeal for Ontario

The motion judge's factual findings that UDG's claims were distinct from Rutmet's and that the applicable forum selection clauses were clear and unambiguous meant the foreign fora were clearly more appropriate; accordingly the Ontario proceeding was properly stayed and the motion judge's exercise of discretion was entitled to deference.

Source excerpt

• Forum non conveniens
• Stay of proceedings
• Anti-suit injunction
• Forum selection clauses
• Attornment
• Choice of forum

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Kosky v. Bratkowski

Court

Supreme Court of British Columbia

The court granted a divorce and enforced a mediated family settlement, finding the brief delay in completion did not amount to repudiation or significant unfairness.

• Mediated settlement agreement
• Enforcement of settlement
• Property division
• Spousal support
• Child support
• Consent order

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Murray v. Harrison

Court

Supreme Court of British Columbia

The court granted a divorce and authorized Chelsea Alida Murray to relocate the children to Cochrane, Alberta, finding the move was in their best interests.

• Relocation under divorce act ss.16.9-16.96
• Best interests of the child
• Enforcement of separation agreement
• Sanctions under family law act ss.228-230
• Effect of protection order on parenting time
• Child-relocation

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Arvanitis v. Slater Vecchio LLP

Court

British Columbia Court of Appeal

The Court of Appeal denied a no-fee order, granted security for costs and security for judgment, and stayed the appeal until $12,000 was posted.

• No-fee order
• Security for costs
• Security for judgment
• Enforcement of settlement agreement
• Vexatious litigant
• Contempt

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