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Expropriation compensation case in which the Court valued the property at $516,000, deducted the advance payment, and dismissed disturbance damages and loss of opportunity.
The court found the dam expansion significantly harmed the property’s aesthetic and functional value, rejected betterment, and awarded $340,080 in compensation.
The court set January 9, 2019 as the valuation date for Casa Margarita’s Huntly shares in this oppression remedy dispute, rejecting a later 2023 date.
The court dismissed a recusal application in a shareholder oppression case, finding no reasonable apprehension of bias and no abuse of process.
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
The court ruled on expert evidence at a voir dire, excluding only parts of the Province’s reports on site access and First Nations issues and part of a late supplemental report.
The court dealt with post-separation corporate income, property division, tax consequences, and spousal support, and ordered unequal division plus past support.
The court ordered a jointly appointed valuator to give alternative calculations of an investment advisor’s BSP interest, using SRM-style assumptions for trial.
Leave to appeal was granted in a shareholder deadlock valuation dispute over whether the valuator’s draft report should be finalized and how latent tax liability affected the buyout price.
Family trial over the division of a farm and a tree service company, with disputed income, valuation, debt allocation, and spousal support.
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