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Family law 2025 BCSC 2035

Fleury v. Budd

The court found the parties were spouses under the Family Law Act, divided the gain on excluded property equally, and dismissed the tort claims.

  • Spousal status under family law act
  • Division of family property (fla ss.81,84,87,95)
  • Valuation date for family property
  • Excluded property (fla s.85)
  • Cohabitation agreement / oral agreement
  • Similar fact and collateral evidence
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Family law 2021 BCSC 1493

Schwarz v. Schwarz

Courts divided family property, treated most investments as excluded property, and ordered the respondent to buy out the claimant’s home interest. Occupational rent and support were dismissed.

  • Division of family property
  • Excluded property (fla s.85)
  • Valuation date for family property (fla s.87)
  • Occupational rent
  • Spousal support entitlement
  • Tracing and characterization of investments
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Family law 2021 BCCA 107

Zilic v. Zilic

Appeal from family law orders partly allowed: the Court set aside a $50,000 reapportionment for the Homer Street investment certificates, but upheld the remaining property and support rulings.

  • Reapportionment under fla s.95
  • Valuation and valuation date (fla s.87)
  • Excluded property (fla s.85)
  • Family debt (fla s.86)
  • Imputing income (federal child support guidelines s.19)
  • Spousal support advisory guidelines (ssag)
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Family law 2020 BCSC 194

Higgs v. Lear

Family property dispute over a long marriage, excluded property claims, pension valuation and alleged dissipation of trust funds ended in equalization adjustments and costs for the claimant.

  • Division of family property
  • Excluded property (fla s.85)
  • Unequal division for significant unfairness (fla s.95)
  • Spousal trust and poa transactions
  • Dissipation of assets and breach of restraining order
  • Valuation and capitalization of pensions/annuities
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Family law 2018 BCSC 1210

McCarthy v. McCarthy

The court held the Johnson’s Landing property was excluded property held in trust for the claimant, but awarded the respondent a share of its value increase.

  • Excluded property (fla s.85)
  • Family property and equalization
  • Resulting trust
  • Significant unfairness (fla s.95 and s.96)
  • Family debt (fla s.86)
  • Valuation and increase in fair market value
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Family law 2018 BCSC 221

Ren v. Emerson

The court dismissed a challenge to a 2005 separation agreement as statute-barred, awarded the claimant half the appreciation of a condo, and ordered spousal support.

  • Spousal support
  • Property division
  • Separation agreement
  • Setting aside agreement
  • Excluded property (fla s.85)
  • Limitation periods (fla s.198; fra)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.