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The Court of Appeal dismissed an appeal and cross-appeal over a fiduciary breach involving the purchase of ranch lands, upholding equitable compensation instead of a constructive trust.
The Supreme Court of British Columbia found neither party had substantial success on costs, ordered each to bear their own costs, and set payment terms for past and future child-related expenses.
The court imputed $50,000 annual income to the respondent and ordered interim child and spousal support, secured by trust funds, plus a $10,000 release to the claimant.
The court dismissed a husbandâs bid to vary or cancel spousal support, finding no proven material change in circumstances, and ordered disclosure of A-2 account records.
The court granted a divorce, awarded the mother sole custody and primary residence, set access for the father, ordered child support, and resolved trust and jewellery issues.
The court expanded the father's access to the child, but adjourned his bid to vary spousal support for lack of sworn financial disclosure and denied interim property distribution.
La Cour suprĂȘme de la Colombie-Britannique accorde Ă la demanderesse des montants pour du matĂ©riel Montessori, une marge de crĂ©dit, des prĂȘts et salaires impayĂ©s, ainsi que 6 mois de prĂ©avis.
The court refused exclusive occupancy of the family home and refused interim spousal and child support, but ordered interim joint custody and guardianship.
Morgan lacked standing because he was not a party or creditor in the original garnishment proceedings and Jarvis J.'s 1993 order permitting him to make a motion did not confer party status; therefore the motion judge correctly dismissed his motion and refused to name him plaintiff, and Morgan must commence his own proceedings to pursue his solicitor's lien.
Source excerpt
Court adjusted spousal and child support, imputed income to the wife, and ordered payment of tax-related sums and support from the trust fund.
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