Canada Case Law

Robinson v. Estate of Fitch

Court

Supreme Court of Nova Scotia

The proposed representative, Randy Fitch, could not be appointed because he holds title to the disputed properties and thus has a personal interest that conflicts with the Estate; a representative must be impartial and indifferent to the litigation outcome, so a neutral third party must be retained to represent the Estate and the estate must pay those costs in priority to beneficiary distributions.

Source excerpt

• Appointment of estate representative
• Conflict of interest of executor
• Litigation guardian criteria
• Reconveyance of property
• Costs and priority of estate expenses

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Tataryn v. Kriese

Court

Supreme Court of British Columbia

Interim child and spousal support were ordered after the court averaged the claimant’s recent income and declined to treat all corporate retained earnings as immediately available.

• Interim child support
• Interim spousal support
• Imputation of income
• Treatment of corporate retained earnings
• Income determination under child support guidelines
• Interim-child-support

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Eyking v. Eyking

Court

Supreme Court of Nova Scotia

Court imputed respondent's income at $309,726 for 2010 onward under s.19 of the Guidelines; applied table amounts for minors and adjusted amounts for university attendance; awarded retroactive child support (April 1, 2006–Nov 30, 2012) reduced by credits and specific reductions resulting in $224,500 owing; ordered ongoing child support $500/month per child while at university and $1,000/month when residing with petitioner; held shareholder loans were matrimonial assets subject to equal division as of Dec 31, 2005 and declined any division of corporate equity under s.13 or s.18; awarded spousa…

Source excerpt

• Imputation of income
• Retroactive support
• Classification of shareholder loans
• Division of matrimonial assets
• Matrimonial property act s.13 and s.18
• Application of federal child support guidelines

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Yu v. Yu

Court

Supreme Court of British Columbia

The court granted a divorce, divided company-related assets and debts, ordered installment payments for the shareholder’s loan and shares, and set spousal support at $1,200 per month for two years.

• Division of matrimonial property
• Spousal maintenance
• Shareholder's loan
• Business valuation
• Trust of transferred shares
• Post-separation conduct

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