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The court refused interim and final relocation to Salt Spring Island, varied parenting time to a 60/40 schedule, and set interim spousal support at zero.
Family law trial addressing parenting, support, and tracing claims; the court enforced the Chinese divorce agreement, accepted tracing evidence, and made support and set-off orders.
Court ordered limited document production on sale proceeds and continuation of discovery, but refused an overly broad request seeking legal-opinion discovery.
The court dismissed the claimant’s outstanding family claims, refused her late procedural applications, and awarded the respondent $30,720 in rent plus interest and costs.
The court dismissed a support-variation application, finding the respondent’s projected 2019 income was not a material change from the trial-based support income.
The court held the parties were spouses only for spousal-support purposes, denied relocation to Kamloops, set parenting and support orders, and dismissed unjust enrichment and trust claims.
On the evidence the husband held both legal and beneficial interests (joint tenancy, co-mortgagor, possession, shared financial obligations and risks); there was insufficient evidence he was a prĂŞte-nom or trustee for the appellant; therefore the husband's 50% equity had a FMV (~$24,341) exceeding the $1 consideration and s.160 applies, rendering the transferee liable; appeal dismissed.
Source excerpt
The Supreme Court of Canada held that Inverness Railway & Collieries Ltd. could make an authorized bankruptcy assignment and that its earlier book-debt assignment to the bank was void against the trustee.
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