Canada Case Law

Lewis v. Jack

Court

British Columbia Court of Appeal

The appeal was allowed: on proper construction of the will read as a whole the residuary gift vested on the testator's death in equal shares to his children; the phrase 'then alive' does not clearly displace the presumption of vesting at death and cannot be read to permit executorial delay to divest a vested interest; accordingly Jason's vested interest was not divested by his death after the testator.

Source excerpt

• Vesting of legacies
• Interpretation of wills
• Residuary gifts
• Executor/trustee powers
• Costs

Read case analysis

Cohoon v. Stobo

Court

British Columbia Court of Appeal

The Court of Appeal upheld the finding that inherited funds used to pay down the family home became family property, but set aside the compensatory spousal support order.

• Excluded property
• Division of family property
• Compensatory spousal support
• Presumption of advancement
• Standard of review
• Spousal support advisory guidelines

Read case analysis

Schwarz v. Schwarz

Court

Supreme Court of British Columbia

Courts divided family property, treated most investments as excluded property, and ordered the respondent to buy out the claimant’s home interest. Occupational rent and support were dismissed.

• Division of family property
• Excluded property (fla s.85)
• Valuation date for family property (fla s.87)
• Occupational rent
• Spousal support entitlement
• Tracing and characterization of investments

Read case analysis

Dobson v. Dobson

Court

Supreme Court of British Columbia

The court enforced a 1997 marriage agreement in part, awarded the claimant the family home, ordered compensation payments, divided assets and denied spousal support.

• Enforcement of marriage agreements
• Unfairness under s.65 fra
• Classification of family assets
• Compensation payment/reapportionment
• Spousal support entitlement
• Pension division

Read case analysis

Rafuse v. Rafuse

Court

Supreme Court of Nova Scotia

The margin account was characterized as primarily exempt inheritance-derived property because the respondent proved the origins and growth (inheritances, dividend reinvestment, stock splits and corporate reorganizations); use of income or partial withdrawals for family purposes does not taint the remaining corpus; however $6,100 of matrimonial funds were used to purchase shares in the margin account and must be reimbursed (court fixed reimbursement/compensation totaling $6,100); pre-marriage pension earnings are to be divided in accordance with applicable law and pension to be divided at sour…

Source excerpt

• Division of matrimonial property
• Inheritance exception (s.4(1)(a))
• Pension division
• Post-separation household expenses
• Trust funds
• Margin account characterization

Read case analysis

Kelly v. Bell

Court

Supreme Court of British Columbia

The court varied a will under s. 2 of the Wills Variation Act after a house’s post-will appreciation made the plaintiff’s share effectively a near-disinheritance.

• Wills variation act s.2
• Testamentary autonomy
• Adequate just and equitable provision for adult child
• Estate valuation
• Wills-variation-act
• Testamentary-autonomy

Read case analysis

Chester v. Lin

Court

Supreme Court of British Columbia

The court held money from the wife’s father was gifts, not loans, and reapportioned real property 65/35 in her favour, with the rest divided mostly equally.

• Reapportionment under s.65
• Gifts versus loans
• Third party contributions to matrimonial property
• Disclosure obligations
• Parenting schedule
• Child support

Read case analysis

Saugestad v. Saugestad

Court

British Columbia Court of Appeal

The Court of Appeal upheld most of a wills-variation order, but changed the Electra Condo remedy from a life estate to an outright half-interest for the widow.

• Wills variation act
• Family relations act notional division
• Secret trust
• Testamentary autonomy
• Variation of will
• Moral and legal obligations of testator

Read case analysis

W.M.M. v. H.S.M.

Court

Supreme Court of British Columbia

The court held that an investment fund, inheritance account, Canada Savings Bond, RRSPs and disability benefits were family assets, refused reapportionment, granted divorce and ordered spousal support.

• Family assets
• Reapportionment of inherited/gifted property
• Division of matrimonial property
• Spousal support
• Disclosure of assets
• Family-assets

Read case analysis

Hughes v. Miller et al

Court

British Columbia Court of Appeal

The Court of Appeal varied a monetary award for unjust enrichment from $75,000 to $100,000, declined a constructive trust over inherited land, and dismissed a cross-appeal on a related property claim.

• Constructive trust
• Monetary compensation for unjust enrichment
• Valuation and quantification of enrichment
• Division of relationship property
• Unjust-enrichment
• Constructive-trust

Read case analysis