Canada Case Law

Scribner v. Buchanan

Court

Supreme Court of British Columbia

Court found the parties had a marriage-like relationship (Apr 30, 2016–Apr 30, 2021); claimant's 2018 MVA settlement and assets purchased with it are excluded property; the $28,000 repayment was a loan and the April 2021 document was unenforceable due to duress; BC Assessment values were the most reliable valuation evidence (drive-by appraisal unreliable) and using trial-date valuation the increase in equity in respondent's Tappen Property during the relationship was calculated and claimant awarded half of that increase less adjustments for post-separation mortgage and tax payments, resulting…

Source excerpt

• Common-law spouse / marriage-like relationship
• Excluded property
• Increase in value (s.84(2)(g))
• Property valuation
• Pension division (part 6)
• Spousal support (non-compensatory)

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Xue v. Zhang

Court

Supreme Court of British Columbia

The court granted divorce, accepted the mother’s evidence, imputed substantial income to the father, and ordered property, support, and costs relief in this undefended family case.

• Parenting
• Income imputation
• Asset concealment
• In specie property distribution
• Lump sum support
• Costs

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P.M.Z. v. D.J.T.

Court

Supreme Court of British Columbia

Registrar Gaily assessed special costs in a high-conflict family matter, allowed targeted reductions for certain bill entries, and set the award at $117,036.32.

• Special costs
• Costs assessment
• Proportionality
• Disclosure/financial statements (f8)
• Breach of court orders
• Protection orders

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Baquero v. Forero

Court

Supreme Court of British Columbia

Family law trial over support, excluded property, and a Florida condo held through LLCs. The court found joint ownership, imputed income, awarded child support, and granted retroactive spousal support.

• Excluded property
• Income imputation
• Retroactive spousal support
• Lump sum support
• Costs
• Ancillary orders

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Falkener v. Falkener

Court

Supreme Court of British Columbia

Family law reasons on unequal division, spousal support, and asset valuation after a long marriage, with the court favouring the claimant on property and support.

• Equalization of family property
• Unequal division (s.95 fla)
• Spousal maintenance entitlement and quantum
• Lump sum support
• Income imputation
• Excluded property

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Jeet v. Lata

Court

Supreme Court of British Columbia

In this family law trial, the court granted a divorce and awarded the respondent $40,000 lump-sum spousal support after finding need-based support was justified.

• Entitlement to spousal support
• Compensatory vs non-compensatory support
• Lump sum support
• Retroactive support
• Standard of living
• Spousal-support

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Bouchard v. Bouchard

Court

Supreme Court of British Columbia

The court dismissed a mother's application for lump sum child support from trust funds held for the deceased father, holding the estate had to be administered first.

• Child support
• Lump sum support
• Estate administration
• Intestacy
• Litigation representative
• Family law act ss.170-171

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S.L.N. v. D.G.N.

Court

Supreme Court of British Columbia

Interim family-law orders were granted for spousal support, property distribution, disclosure, and a non-disclosure penalty.

• Interim spousal support
• Lump sum support
• Imputation of income
• Interim distribution of property
• Disclosure orders
• Penalty for non-disclosure

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M.C.V. v. F.V.

Court

Supreme Court of British Columbia

A family-law trial about property division, trust interests, and support. The court held the increase in value of the Squamish Property was family property, then ordered child and spousal support.

• Discretionary trust
• Excluded property
• Imputation of income
• Unequal division of family property
• Transition provisions
• Lump sum support

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Kanizaj v. Krcmar

Court

Supreme Court of British Columbia

B.C. Supreme Court divorce and family property judgment dividing the Surrey Home, RRSPs, pension interests and debts, and setting limited spousal support.

• Division of family assets
• Excluded property
• Rrsp division
• Pension division
• Spousal support quantum and duration
• Lump sum support

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