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Canada Case Law

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Family law 2009 BCSC 1220

Dufault v. Dufault

Divorce, child support, spousal support, custody, and property issues were decided in chambers. The child remained a child of the marriage, support was varied, and custody stayed joint.

  • Child of the marriage (charge)
  • Child support variation
  • Interim spousal support variation
  • Custody order maintenance
  • Division of matrimonial assets and liabilities
  • Divorce decree
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Family law 2007 BCSC 1054

E.S.C. v. S.L.S.

The court rejected the defendant’s request for double costs, holding it could not say her offer to settle was as favourable as the judgment overall.

  • Offer to settle under rules of court
  • Double costs entitlement
  • Division of matrimonial assets and liabilities
  • Line of credit allocation
  • Variation of spousal support
  • Family-law
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Family law 2005 NSSC 220

H.R.B. v. P.L.B.

Divorce granted; pension is a matrimonial asset but equal division would be unfair because a substantial portion of the pension was accrued prior to cohabitation and other s.13 factors (length and nature of marriage, absence of children, pre‑cohabitation contributions, debts and payments from respondent's mother) justify unequal division; respondent is entitled to non‑compensatory spousal support due to inability to work and need, balanced against payor's ability to pay and new relationship; informal IOU lacking essential terms is unenforceable; matrimonial debts are the responsibility of the…

  • Division of matrimonial assets and liabilities
  • Spousal support entitlement and quantum
  • Pension valuation and unequal division under s.13
  • Enforceability of informal iou
  • Allocation of matrimonial debts
  • Admissibility of expert reports (hearsay)
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