Canada Case Law

Wood v. Wood

Court

Supreme Court of British Columbia

Clause 33 applies to both the claimant's undisclosed Sun Life disability claim and the claimant's misrepresented Telus pension. The claimant is therefore deemed to own those assets equally with the respondent; respondent is entitled to one-half of the Sun Life settlement ($82,500) and one-half of the undisclosed portion of the Telus pension ($89,183.58) totaling $171,683.58, which is offset against the respondent's 2028 equalization payment, reducing it from $272,017.50 to $100,333.92 (interest to be recalculated accordingly). The court alternatively modifies the separation agreement under s.…

Source excerpt

• Separation agreement
• Non-disclosure clause
• Equalization payment
• Variation under family law act s.93
• Pension division
• Spousal support

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Polowy v Kelly

Court

Manitoba Court of Appeal

The Court of Appeal concluded the motion judge misapprehended the record and erred in law in applying promissory estoppel (failed to require intent to affect legal relations and misapplied facts); set aside the motion judge’s promissory estoppel finding; directed that whether the FPA limitation bars the petitioner’s claim (including related questions of agreement and statutory extension) be determined at trial; held the appeal is not moot because the reference proceeded subject to the outcome of this appeal.

Source excerpt

• Promissory estoppel
• Limitation period
• Summary judgment
• Equalization of family property
• Pension division
• Mootness

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McConnell v. McConnell

Court

Supreme Court of British Columbia

The court set aside support waivers in a separation agreement after finding the claimant misled and pressured the respondent, then ordered spousal and child support.

• Separation agreement
• Setting aside agreement
• Spousal support
• Child support
• Retroactivity
• Independent legal advice

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Best v. Best

Court

Supreme Court of British Columbia

The court ordered transfer of a spouse’s pension share plus prejudgment interest, despite 13 years without statutory notice, and directed both parties to share tax consequences equally.

• Pension division
• Notice to pension administrator
• Prejudgment interest
• Enforcement of judgment
• Allocation of tax consequences
• Pension-division

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Riou v. Marshall

Court

Supreme Court of British Columbia

The court found the parties were spouses in a marriage-like relationship from November 19, 2015 to March 15, 2021, and ordered support and unequal property division.

• Marriage-like relationship
• Separation date
• Valuation date
• Excluded property
• Significant unfairness under s.95
• Spousal support compensatory and non-compensatory

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Kainth v. Kainth

Court

Supreme Court of British Columbia

Family law trial on divorce, property division, debt, spousal support and contempt. The court granted divorce, divided assets and debts, and awarded lump-sum spousal support.

• Property division
• Excluded property
• Unequal division/significant unfairness
• Equalization of family property and debts
• Spousal support - compensatory and imputation of income
• Lines of credit and dissipation

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Ashley v. Ashley

Court

Supreme Court of British Columbia

Family property, debt, child support, spousal support and divorce were determined. The Court treated shareholder advances as income, set Guidelines incomes, and ordered support and sale-proceed distributions.

• Equalization of family property
• Family debt allocation
• Characterization of shareholder advances
• Treatment of personal injury settlements (fla s.85)
• Guidelines income imputation
• Spousal support advisory guidelines

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B.F.W. v. F.P.

Court

Supreme Court of British Columbia

Family law summary trial on parenting, property, support and divorce between separated spouses with two children. The court ordered supervised parenting time, unequal property division, child and spousal support, and divorce.

• Parental responsibilities
• Parenting time and supervision
• Travel with children
• Division of family residence
• Equalization of family property
• Retroactive child support

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S.D. v. S.A.

Court

Supreme Court of British Columbia

The court granted divorce, set parenting and support orders, limited travel to India, divided property and debts, and dismissed the child surname change request.

• Parenting time
• Guardianship
• Spousal support
• Child support
• Section 7 expenses
• Property equalization

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Reid v. Jager

Court

Supreme Court of British Columbia

The court granted divorce, traced excluded property into real estate and accounts, declined unequal division, and refused spousal support.

• Excluded property
• Tracing and backward tracing
• Equal division and significant unfairness
• Spousal support (compensatory and needs)
• Occupational rent
• Partition, sale and buyout

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