Canada Case Law

M.N. v. A.N.

Court

Supreme Court of Nova Scotia

The court granted the divorce and name change, found M.N. to be the primary caregiver and rejected continuation of shared custody because of lack of cooperation; classified multiple listed properties held in both names as matrimonial assets (with certain company-held development assets classified as business assets); compensated M.N. under s.18 by quantifying her contribution as 21% of the companies' business assets ($176,127) and offsetting that against the property equity disparity; imputed A.N.'s income at $198,241.28 for child support based on salary plus corporate and rental income, orde…

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• Divorce
• Custody and parenting time
• Classification of business assets vs matrimonial assets
• Section 18 contribution claim
• Imputation of income for child support
• Property division and offsets

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Prothro v. Short

Court

Supreme Court of Nova Scotia

34 Mill Lake Road is exempt as inherited property and not the matrimonial home; the Manor (351 Pleasant) remained the petitioner's business asset; respondent made significant contribution to the business and to 353 Pleasant Street but was compensated in salary and benefits and is entitled only to monetary compensation under s.18; court fixed respondent's entitlement at 85% of the net value of 353 Pleasant Street (85% of $305,313 = $259,516.05) and ordered the petitioner to buy out respondent's interest in jointly owned rental properties for $435,396.52 (with adjustments), dismissed respondent…

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• Matrimonial home
• Business asset contribution
• Division of matrimonial assets
• Inheritance exemption
• Valuation of business property
• Buyout/sale of jointly owned properties

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Younger v. Younger

Court

Supreme Court of British Columbia

Family law trial deciding property division, support, and divorce. The court ordered equal division of major family assets, imputed the respondent income, and granted divorce.

• Division of family assets
• Reapportionment
• Compensation order
• Imputation of income
• Deliberate unemployment
• Valuation of business assets

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L.J.C. v. G.S.C.

Court

Supreme Court of British Columbia

Family law trial on divorce, custody, and division of a short marriage’s assets and debts, including the matrimonial home, business assets, and related loans.

• Division of family assets
• Matrimonial home valuation and reapportionment
• Allocation of family debt
• Treatment of business assets and corporate incorporation
• Credibility and dishonest conduct
• Custody of children

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