Canada Case Law

Van Der Zee v. Borsboom

Court

Supreme Court of British Columbia

No binding separation agreement was formed. Of the $50,000 paid to buy the Condominium, $21,500 is excluded property and $28,500 is family property. Family assets net of family debt (line of credit at separation $8,016.36 and property tax arrears $2,943.46) yield $58,540.18 to be divided; respondent is credited occupational rent $16,800 (one‑half of assumed $800 monthly rent for 42 months) prior to division, leaving $41,740.18 to be split equally. Respondent must reimburse claimant $5,000 of instalments received. Claimant may buy out respondent by paying specified amounts within 30 days; othe…

Source excerpt

• Division of family property
• Excluded property (s.85 fla)
• Unequal division (s.95 fla)
• Occupational rent
• Separation agreement
• Enforcement of transfer of title

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Mills v. O'Connor

Court

British Columbia Court of Appeal

The Court of Appeal corrected the tracing of excluded and family property under the Family Law Act, reapportioned family property 65/35 in Ms. O'Connor's favour, and left retroactive child support at $10,000.

• Division of family property
• Excluded property (s.85 fla)
• Tracing of co-mingled assets
• Pro rata tracing vs fifo
• Unequal division (s.95 fla)
• Division of excluded property (s.96 fla)

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Harms. v. Harms

Court

Supreme Court of British Columbia

The court granted a divorce and divided the parties’ family property equally, with exclusions for gifted Class F shares and certain accounts, plus a vesting order and lump sum costs.

• Equal division of family property
• Excluded property (s.85 fla)
• Valuation (s.87 fla)
• Vesting order (s.37 lea; s.97 fla)
• Pension division (part 6 fla)
• Costs - lump sum award

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S.M.W. v. J.M.B.W.

Court

Supreme Court of British Columbia

The court held that the claimant gifted her down-payment interest when she transferred title into joint tenancy, upheld an equal-division agreement, and ordered support and limited repayment.

• Division of family property
• Excluded property (s.85 fla)
• Agreements respecting property division (s.92-s.93 fla)
• Unconscionability and setting aside agreements
• Unequal division (s.95 fla)
• Resulting trust and presumption of advancement

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Spanell v. Spanell

Court

Supreme Court of British Columbia

The court set aside a separation agreement, fixed the business valuation date, imputed the payor’s income, and ordered child and spousal support.

• Separation agreement
• Setting aside agreement (s.93, s.164 fla)
• Division of family property
• Excluded property (s.85 fla)
• Valuation date
• Guideline income and imputation (ss.16-19 guidelines)

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B.S.W. v. W.F.W.

Court

Supreme Court of British Columbia

Supplementary reasons on a post-judgment family law application corrected vehicle division, set limits on retroactive s. 7 expense evidence, and clarified support calculations.

• Reopening judgment/functus officio
• Section 7 expenses
• Equalization of family property
• Excluded property (s.85 fla)
• Separate property (s.92 fla)
• Spousal support advisory guidelines

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Brazinski v. Brazinski

Court

Supreme Court of British Columbia

The court rejected the respondent’s excluded-property claims, ordered equal division of family property and debt, and set provisional valuations and further directions.

• Excluded property (s.85 fla)
• Unequal division of family property
• Asset tracing and valuation
• Division of family debt
• Disclosure obligations
• Rental income from investment properties

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Swift v. Swift

Court

Supreme Court of British Columbia

The court determined support, property division, debt allocation and parenting issues in this family law trial, including a start date for the relationship, income imputation and ongoing spousal support.

• Marriage-like relationship commencement
• Excluded property (s.85 fla)
• Imputed income (guidelines s.19)
• Retroactive support
• Section 7 expenses
• Unequal division of family debt (s.95 fla)

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Greenwood v. Greenwood

Court

Supreme Court of British Columbia

Family law trial addressing parenting, support, excluded property, and division of matrimonial assets after a long marriage with five children.

• Parenting arrangements (joyce model)
• Income imputation under child support guidelines
• Excluded property (s.85 fla)
• Unequal division of family property (s.95 fla)
• Spousal support and ssag application
• Disclosure obligations and fines (s.213 fla)

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Ebrahimi v. Mineyee

Court

Supreme Court of British Columbia

The court held the condominium was family property, ordered it sold, fixed valuation at trial, and granted a divorce. The respondent received reimbursement for post-separation expenses.

• Family property
• Excluded property (s.85 fla)
• Valuation date
• Unequal division (s.95 fla)
• Reimbursement of post-separation expenses
• Credibility and evidence

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