Canada Case Law

Lamons v. Boston

Court

Supreme Court of British Columbia

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

Source excerpt

• Equalization
• Student loan as family debt
• Adverse inference for non-disclosure
• Workers' compensation benefits
• Cpp pension equalization
• Costs

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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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Forrest v. Forrest

Court

Supreme Court of British Columbia

The court granted a divorce, divided pensions and property, rejected several excluded-property claims for lack of tracing, and awarded the respondent spousal support.

• Division of property
• Excluded property and tracing
• Spousal support (non-compensatory)
• Pension division (part 6 fla)
• Reapportionment of equity
• Valuation of chattels

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Alkuhlani v. Alkebsi

Court

Supreme Court of British Columbia

Family law trial addressing retroactive and prospective child support, spousal support, property division, debt allocation, parenting arrangements, occupational rent, and divorce.

• Retroactive child support
• S.7 expenses
• Lump sum spousal support
• Equal division of family property
• Line of credit allocation
• Credit card debt division

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Tilma v. Martin

Court

Supreme Court of Nova Scotia

The $8,000 advanced by Mr. Tilma’s mother was a loan that purchased the 2013 Dodge Journey and thus constituted a family debt to be included in equalization; Ms. Martin benefitted and must bear half of that debt and half of post-separation interest payments on the consolidation loan; the Journey is valued at $8,000 based on the recent purchase proximate to separation and corroborating evidence and credibility findings favouring Mr. Tilma.

Source excerpt

• Division of assets
• Family debt
• Common-law relationship
• Vehicle valuation
• Consolidation loan interest allocation
• Household contents

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Isnor v. Isnor

Court

Supreme Court of Nova Scotia

The Lutz home was acquired after separation and no legal interest by the husband was proven, so it is not matrimonial; valuation determinations adopt agreed real property values and assigned values for vehicles; the husband failed to prove the CRA and BMO MasterCard debts were matrimonial or reasonably incurred for the family’s benefit, so those debts remain his sole responsibility; the remaining matrimonial assets and divisible debts result in an equalization payment of $169,989.50 payable by the husband to the wife.

Source excerpt

• Classification of property
• Valuation
• Equalization payment
• Matrimonial debt
• Occupation rent
• Unequal division

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N.B. v. S.O.

Court

Supreme Court of Nova Scotia

Divorce was granted; all matrimonial property is to be divided equally under s.12 of the MPA because NB's late, unpleaded claim for unequal division failed both procedurally and on evidence; matrimonial debts incurred for the family's benefit are to be shared equally unless proven personal; NB's undue hardship claim under s.10 of the Guidelines failed for lack of requisite evidence and disclosure and because his household standard of living could not be shown lower than SO's; occupational rent was rejected as duplicative of mortgage pay-down benefit.

Source excerpt

• Division of matrimonial property
• Unequal division (s.13)
• Matrimonial debt characterization
• Undue hardship (child support)
• Occupational rent
• Division of pensions

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Robinson v. Sankey

Court

Supreme Court of British Columbia

The court divided family property and debt after a marriage-like relationship, ordered equalization payment, imputed modest income to the respondent, and set spousal support until retirement.

• Division of family property
• Equalization
• Spousal support entitlement and quantum
• Imputation of income
• Pension division
• Order for sale

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Luo v. Lun

Court

Supreme Court of British Columbia

The court found the parties separated on January 8, 2017, ordered the Family Home sold, and made unequal property reallocations in Mr. Luo’s favour.

• Date of separation
• Unequal division under s.95
• Financial disclosure and dissipation
• Pre-sale condo investment loss
• Mortgage and lines of credit allocation
• Family-property-division

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B. D. D. v. G. T. S.

Court

Supreme Court of British Columbia

Summary trial in a family property dispute. The court divided assets and debts, valued the home, vehicles, RRSPs and pension interests, and dismissed occupational rent.

• Equalization of family property
• Occupational rent
• Rrsp and pension division
• Valuation of assets
• Division of joint debts
• Resp control

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