Canada Case Law

K.S. v. C.W.K.

Court

British Columbia Court of Appeal

The trial judge validly exercised discretion under s.65 of the Family Relations Act to refuse enforcement of the Mehr as it would be unfair in light of the respondent's assets, income, and the other financial orders; the appellate court defers to the trial judge absent material error; the proposed fresh evidence was not admitted because it would not have affected the outcome under the Palmer factors.

Source excerpt

• Marriage agreement
• Mehr/dowry enforcement
• Unfairness under family relations act s.65
• Admission of fresh evidence (palmer)
• Standard of appellate review (sattva)

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Goldberg Estate (Re)

Court

Supreme Court of British Columbia

The court held that a 1997 marriage agreement created an enforceable $2,486,400 debt owed by the estate to Shawna Goldberg and ordered immediate payment.

• Marriage agreement
• Wills variation
• Estate administration
• Declaration of debt
• Testamentary vs inter vivos
• Wesa s.155

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F.C.A.S. v. C.E.S.

Court

Supreme Court of British Columbia

The court dismissed a challenge to a post-nuptial marriage agreement, finding no material nondisclosure, no proven exploitation of vulnerability, and no significant unfairness.

• Marriage agreement
• Setting aside agreement
• Procedural unfairness (s.93)
• Operational/significant unfairness (s.93(5))
• Spousal support
• Financial disclosure

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C.M.P. v. D.J.P.

Court

Supreme Court of British Columbia

The court granted a $100,000 interim distribution under s. 89 of the Family Law Act, holding that an unchallenged marriage agreement did not oust jurisdiction.

• Interim distribution
• Marriage agreement
• Family law act s.89
• Jurisdiction
• Matrimonial home
• Spousal support

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F.C.A.S. v. C.E.S.

Court

Supreme Court of British Columbia

The court admitted Beth Cantor’s will-say statement and viva voce evidence under the narrative exception, finding it relevant, non-prejudicial, and in the interests of justice.

• Admissibility of prior consistent statements
• Narrative exception
• Will‑say statements
• Credibility assessment
• Family violence
• Marriage agreement

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F.C.A.S. v. C.E.S.

Court

Supreme Court of British Columbia

Oral ruling in a family law trial on whether a marriage agreement may be set aside under s. 93(5) of the Family Law Act and the scope of witness questioning.

• Marriage agreement
• Section 93(5) family law act
• Significant unfairness
• Witness examination limits
• Income disclosure
• Family-law

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R.L. v. M.L.

Court

Supreme Court of British Columbia

The court held the family trial was more than ordinarily difficult, awarded double costs from the offer date, and granted partial special costs for misconduct.

• Special costs
• Double costs
• Offer to settle
• Marriage agreement
• Disclosure obligations
• Breach of asset restraining order

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Rana v. Rana

Court

Supreme Court of British Columbia

Divorce and family financial issues were resolved, including property division, debt characterization, child support, spousal support, and arrears.

• Marriage agreement
• Income imputation
• Family property
• Support arrears
• Special expenses
• Debt characterization

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Drummond v. Brilling

Court

Supreme Court of British Columbia

The court upheld but reapportioned a marriage agreement, ordered equal division of family assets, imputed income to the respondent, and kept the parenting schedule.

• Marriage agreement
• Unconscionability
• Property division
• Equalization of family assets
• Imputed income
• Child support calculation

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S.K.M. v. T.J.B.

Court

Supreme Court of British Columbia

The court granted an interim order for sale of the former family home, finding the respondent could not reliably buy out the claimant and that sale would aid resolution.

• Order of sale
• Matrimonial home
• Marriage agreement
• Necessity and expediency test
• Exclusive occupation
• Family-law

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