Canada Case Law

Stockfisch v. Rehbach

Court

Supreme Court of British Columbia

The court found on balance the parties were in a marriage-like relationship as of June 26, 2017 based on the respondent's prior statutory declaration and counsel's representations; certain assets acquired pre-relationship or gifted to respondent or family members are excluded property; specified vehicles and household items are family property valued at $27,200; the Carr Street Property is family property subject to a $15,000 excluded interest (1.62% of purchase price) and must be listed for sale with net proceeds distributed per the order including an occupational rent award to the claimant;…

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• Start of marriage-like relationship
• Excluded property under s.85
• Unequal division under s.95
• Asset valuation
• Occupational rent
• Spousal support entitlement, quantum and review

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Sheila Rhyno v. Burton Rhyno

Court

Supreme Court of Nova Scotia

The court granted the divorce, rejected the claim for unequal division under MPA s.13 because the applicant failed to prove equal division would be unfair or unconscionable, directed equal division of identified matrimonial assets (with specified valuations and an equalization payment of $25,021.26 from petitioner to respondent), ordered sale of the matrimonial home with specified listing and vacancy directions and adjustments to net proceeds, awarded the petitioner indefinite compensatory and non-compensatory spousal support at $892/month effective November 1, 2023, and ordered historic lump…

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• Spousal support
• Compensatory support
• Non-compensatory support
• Unequal division of matrimonial property
• Asset valuation
• Sale of matrimonial home

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Wintrup v. Adams

Court

Nova Scotia Court of Appeal

The Court dismissed the appeals because the trial judge applied correct legal principles and his discretionary factual findings (credibility, classification of assets, unequal division under s.13 of the Matrimonial Property Act due to the appellant's surreptitious withdrawal of $200,000, denial of spousal support given the short non-integrated marriage and appellant's financial independence, and approval of remote testimony under the Rules and inherent jurisdiction in pandemic conditions) were entitled to deference; unjust enrichment claims were unnecessary where the Act governed, valuation w…

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• Unequal division of matrimonial property
• Spousal support (compensatory and non-compensatory)
• Unjust enrichment/constructive trust
• Trial testimony by video-conference
• Costs awards
• Asset valuation

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Sampson v Sampson

Court

Supreme Court of Nova Scotia

The kitchen table agreement was set aside because Ms. Sampson proved the negotiation was tainted by vulnerability, lack of full financial disclosure and absence of independent legal advice, and the agreement failed to substantially comply with the objectives of the Matrimonial Property Act; on asset division and evidence the court calculated equities and awarded Mr. Sampson a further equalization payment of $59,017, set incomes ($12,000 for Ms. Sampson; $75,000 for Mr. Sampson) and ordered continuing spousal support of $1,800 monthly payable indefinitely.

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• Separation agreement validity
• Equalization of matrimonial property
• Asset valuation
• Debt allocation
• Income imputation
• Maintenance enforcement

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C.Y.J. v. R.J.

Court

Supreme Court of British Columbia

The court awarded the respondent costs at greater than ordinary difficulty and double costs from May 3, 2021, but denied special costs.

• Child support
• Spousal support
• Division of family property
• Protection order
• Disclosure
• Offers to settle

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Salman v. Astifan

Court

Supreme Court of British Columbia

On a post-trial costs hearing, the court found the respondent was substantially successful overall and awarded her costs at Scale B.

• Reapportionment of family property
• Costs awards
• Settlement offers and costs
• Asset valuation
• Family violence
• Classification of family debt

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Boylan v. Boylan

Court

Supreme Court of British Columbia

Family law judgment dividing sold family assets, rejecting undocumented debt claims, and adjourning spousal support for insufficient disclosure. Divorce granted.

• Division of family property
• Spousal support
• Date of valuation
• Credibility and disclosure
• Asset valuation
• Forgery/unauthorized disposition

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C.P. v. K.W.A.

Court

Supreme Court of British Columbia

Family law trial on parenting, property, pensions, support, and disclosure. The court ordered equal parenting time for B, graduated time for M, property division, and support.

• Date of separation
• Parenting time and counselling
• Excluded property tracing
• Asset valuation
• Pension division
• Family debt allocation

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Keresturi v. Keresturi

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge acted within his discretion in preferring the respondent's expert valuation and giving reasons for doing so, the appellant failed to discharge the onus of proving intentional or reckless depletion of net family property under s.5(6) such that unequal division was warranted, and the trial judge did not err in principle in awarding costs which on the record were justified.

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• Equalization of net family property
• S.5(6) fla unconscionability
• Expert evidence independence and weight
• Costs awards
• Asset valuation
• Bankruptcy and asset depletion

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Bustamante-Araya v. Bustamante-Araya

Court

Supreme Court of British Columbia

Family property division dispute where the court characterized severance pay as family property, rejected a bankruptcy-based bar, and ordered equal division with an equalization payment.

• Equalization of family assets
• Characterization of severance pay
• Effect of bankruptcy on property rights
• Asset valuation
• Application of proceeds to child support arrears
• Family-property-division

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