Canada Case Law

Schaufelberger v. Cannon

Court

Supreme Court of British Columbia

The claimant's application to set aside the 2009 Family Law Agreement was time‑barred under s.198(3) FLA and, on the merits, the agreement was not set aside because negotiation was not procedurally unfair and the agreement is not significantly unfair under s.93(5). The Family Law Agreement therefore governs; however, the court recognized implied partnership obligations and awarded the claimant compensation for post‑separation sweat equity and management, ordered specific reimbursements for a non‑partnership LOC withdrawal and for the claimant's cash infusion, allocated responsibility for the…

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• Setting aside family agreement (s.93 fla)
• Indefeasible title and rebuttal
• Limitation and discoverability
• Partition and sale of property
• Compensation for management / sweat equity
• Accounting

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Bagry v. Bagry

Court

Supreme Court of British Columbia

Family-company dispute over control of Bagry Bros. Orchards Ltd. resulted in a buyout order, with the company to purchase Sam Bagry’s shares and related orders on the Vernon property.

• Just and equitable winding up
• Alternative relief under s.227(3) bca
• Partnership analogy
• Company valuation methodology
• Partition and sale of property
• Occupation rent

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Opatril v. Horton

Court

Supreme Court of British Columbia

The court held the partition dispute could not be fairly resolved on affidavit evidence and remitted the matter to the trial list for pleadings and discovery.

• Partition and sale of property
• Tenants in common
• Partition of property act s.6
• Conversion of petition to action
• Credibility findings
• Promissory estoppel

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Kainth v. Brar

Court

Supreme Court of British Columbia

The court granted the petitioners exclusive conduct of sale of a jointly owned Maple Ridge property, finding the respondent had delayed the sale and that safeguards could protect her interests.

• Partition and sale of property
• Conduct of sale
• Appointment of listing agent
• Costs
• Partition-and-sale-of-property
• Conduct-of-sale

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Vesterinen v. Sheila Smelt and Associates Inc.

Court

Supreme Court of British Columbia

The court dismissed a claim for a 96.6898% interest in a Chilliwack property, held the parties each had a one-half interest after severance, and ordered sale under the Partition of Property Act.

• Severance of joint tenancy
• Resulting and constructive trusts
• Partition and sale of property
• Presumption of indefeasible title under land title act s.23
• Res judicata and binding effect of prior judgment
• Valuation date for distribution of proceeds

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Dixon v. Morgan

Court

Supreme Court of British Columbia

The court ordered sale of jointly owned property under the Partition of Property Act, rejected a request to convert the petition to an action, and found no proven gift or oral agreement.

• Partition and sale of property
• Beneficial ownership and gift claims
• Conversion of petition to action (bona fide triable issue)
• Conduct of sale and distribution of proceeds
• Costs
• Partition-and-sale-of-property

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Stapleton v. Stapleton

Court

Supreme Court of British Columbia

Interim family and property orders were made, including parenting arrangements, child and spousal support, exclusive occupation for Jamie, and a stay of partition.

• Parenting time
• Exclusive occupancy of family residence
• Partition and sale of property
• Child support
• Spousal support
• Income imputation

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580680 B.C. Ltd. v. Randhawa

Court

Supreme Court of British Columbia

The court converted a partition petition into an action for trial because disputed share transfers and credibility issues could not be resolved on affidavit evidence.

• Partition and sale of property
• Tenancy in common
• Share ownership and transfer disputes
• Credibility and viva voce evidence
• Conversion of petition to action
• Partition-and-sale-of-property

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A.B.Z. v. A.L.F.A.

Court

Supreme Court of British Columbia

Supplemental reasons in a family and property dispute: sale terms for a lakeside property were set, prospective child support was not set off, pre-2012 arrears were cancelled, and costs were left for application.

• Child support
• Spousal support
• Partition and sale of property
• Set-off
• Appraisal and valuation
• Sale conduct and approval

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Tomic v. Tough

Court

British Columbia Court of Appeal

The Court of Appeal held leave to appeal was not required, treated the notice as a notice of appeal, and stayed the sale of the home pending appeal.

• Partition and sale of property
• Joinder vs consolidation
• Leave to appeal
• Stay of execution
• Interim relief
• Application of family relations act s.8

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