Canada Case Law

A.B. v. C.D.

Court

Supreme Court of British Columbia

The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…

Source excerpt

• Marriage agreement enforceability
• Unconscionability
• Division of matrimonial property
• Child support (guidelines)
• Spousal support (ssag)
• Section 7 expenses

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Innes v. Innes

Court

Supreme Court of British Columbia

The court traced $99,827 of Ms. Innes’s inheritances into the family property and declared a constructive trust over that amount. The civil action against the daughters was stayed.

• Constructive trust
• Resulting trust
• Tracing
• Marriage agreement enforceability
• Gifts to adult children
• Backward tracing

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March v. Marcheterre

Court

Supreme Court of British Columbia

The court granted a divorce, upheld the parties’ marriage agreement, rejected unconscionability and forgery claims, and denied a share of the Kamloops property while awarding the Cadillac to the respondent.

• Marriage agreement enforceability
• Unconscionability
• Judicial reapportionment (s.65 fra)
• Forgery allegation
• Division of family assets
• Family-law

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Mussfeld v. Mussfeld

Court

Supreme Court of British Columbia

The court enforced a marriage agreement, kept each party’s separate property separate, ordered an equal split of the Home equity with adjustments, and dismissed the respondent’s spousal support claim.

• Marriage agreement enforceability
• Property division under fra s.65
• Spousal support - miglin analysis
• Undue influence/duress
• Material non-disclosure
• Occupational rent

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McMillan v. McMillan

Court

Supreme Court of British Columbia

Application to sell the Richmond family property was dismissed. The court varied interim spousal support on a without-prejudice basis and made several procedural orders.

• Order for sale of property
• Spousal support variation
• Shared parenting
• Section 7 expenses
• Marriage agreement enforceability
• Status quo in interim orders

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McLaughlan v. Nestor

Court

Supreme Court of British Columbia

Costs decision in a family case: the court found neither party substantially successful and ordered each side to bear its own costs, with no costs consequences from settlement offers.

• Marriage agreement enforceability
• Enforcement of prenuptial/separation agreement
• Spousal support (retroactive and ongoing)
• Reapportionment of family property (s.65 fra)
• Offers to settle and costs (rule 11-1)
• Costs following event (rule 16-1)

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Santelli v. Trinetti

Court

Supreme Court of British Columbia

The court upheld most of the marriage agreement, but re-apportioned the former matrimonial home as a family asset, vested title in the claimant, and ordered child support, supervised access, and disclosure penalties.

• Marriage agreement enforceability
• Division of family assets
• Re‑apportionment under s.65 fra
• Child custody and access
• Child support (fcsg)
• Spousal support

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Dobson v. Dobson

Court

British Columbia Court of Appeal

Appeal dismissed in a family law dispute over a marriage agreement, reapportionment under s. 65 of the Family Relations Act, and spousal support.

• Marriage agreement enforceability
• Division of family property
• Spousal support
• Reapportionment under s.65 family relations act
• Compensation payment
• Family-law

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G.G. v. M.A.

Court

Supreme Court of British Columbia

La Cour a confirmé sa décision sur les dépens : le demandeur, partie substantiellement gagnante, reçoit les dépens de l’instance au tarif B.

• Marriage agreement enforceability
• Reapportionment under family relations act s.65
• Custody and shared parenting
• Credibility findings
• Offers to settle compliance with rule 11-1(1)(c)
• Costs scale b

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French v. French

Court

Supreme Court of British Columbia

The court found the marriage agreements were not enforceable as written, held they were mutually rescinded by the parties’ conduct, and ordered equal division of family assets.

• Prenuptial agreement
• Marriage agreement enforceability
• Implied rescission
• Repudiation
• Occupational rent
• Disclosure

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