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Family property and debt dispute in which the court ordered presumptive equal division, with a limited adjustment for post-separation mortgage principal payments.
The court found no enforceable oral separation agreement, ordered the Victoria home sold, divided property and pension under the Family Law Act, and dismissed spousal support.
The court fixed the start of a marriage-like relationship, adjusted property valuation dates, divided assets and pensions, and ordered spousal support and related family-law relief.
Family property, debt and support dispute: the court ordered equal division of remaining condominium proceeds, treated a $50,000 parental advance as a loan, and awarded lump sum spousal support.
The court granted the father day-to-day care of the twins, ordered the family home sold to pay debts, excluded the rental properties from division, and deferred spousal support.
Court rejected claimant's account that incomes were similar at separation and found first notice of a child support claim was August 2010; ordered retroactive child support for J.T. from August 1, 2010 to August 30, 2012 and for J.B. for July 2012 only, at Guideline rates using 2010 and 2011 incomes with offsets and credit for prior payments. For the family home the court applied the Donovan procedure: accepted respondent's total house expenses of $170,917.32, fixed a reasonable occupation rent at $1,300/month but reduced by half for children's right to live rent free, giving claimant credit…
Source excerpt
Family law trial on divorce, property division and support. The court granted divorce, treated most disputed assets as family assets, and ordered indefinite spousal support.
The court held that the defendant’s trucking business assets were family assets, preferred trial-date valuation, ordered sale of family assets and equal division, and denied spousal support and a continuing restraining order.
The court granted divorce and indefinite spousal support, ordered equal division of the former family home and RRSPs, and dismissed a life-insurance beneficiary claim.
The court reapportioned matrimonial assets 75% to the defendant and 25% to the plaintiff, found no spousal support was warranted, and addressed pension division.
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