Canada Case Law

Non Chhom v. Green

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge acted within judicial discretion and applicable law: the occupation rent order was reasonable and supported by Griffiths factors; the trial judge provided sufficient assistance to the self-represented appellant and was not obliged to correct procedural defaults; and the Alberta pension’s capitalized value crystallized pre-marriage and did not increase for equalization.

Source excerpt

• Spousal support
• Equalization
• Matrimonial home
• Occupation rent
• Self-represented litigant assistance
• Pension valuation

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Sidhu v. Sidhu

Court

Supreme Court of British Columbia

Supplementary reasons in a family property dispute clarified allocation of a TMV shareholder loan, corrected a pension valuation, and ordered an account for post-separation drawdowns.

• Shareholder loans
• Family enterprise pooling
• Pension valuation
• Asset division
• Post-separation drawdowns
• Accounting allocation

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Van Delst v. Hronowsky

Court

Court of Appeal for Ontario

Appeal dismissed: the trial judge correctly recalculated the pension value as directed, properly exercised s.9 Family Law Act remedies in crafting enforceable payment/security orders, and reasonably exercised discretion to award full recovery costs; the motion judge properly dismissed the stay application as unnecessary; the Court amends the enforcement deadline to 60 days from release and awards the respondent $25,000 costs of appeal.

Source excerpt

• Equalization of net family property
• Pension valuation
• Costs
• Enforcement of family order
• Stay pending appeal

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Chang v. Chang

Court

Supreme Court of British Columbia

After a 27-year marriage, the court reapportioned the family home in the claimant’s favor, assigned the family tax debt to the respondent, and ordered spousal support.

• Family property
• Family debt
• Reapportionment
• Imputation of income
• Pension valuation
• Occupational/proprietary rent

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Van Delst v. Hronowsky

Court

Court of Appeal for Ontario

Because the respondent prevailed on all but one issue on appeal, the Court ordered the appellant to pay the respondent costs of the appeal on a partial indemnity basis fixed at $15,000, and referred the recalculation of the equalization payment and the fixing of trial costs to the trial judge after the pension valuation adjustments determined on appeal were applied.

Source excerpt

• Costs of appeal
• Partial indemnity costs
• Equalization payment
• Pension valuation
• Referral to trial judge

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Van Delst v. Hronowsky

Court

Court of Appeal for Ontario

The Court held that federally regulated pensions should be valuated by applying the PBA valuation methodology required by FLA s.10.1(2) with only necessary modifications; the PSSA functional equivalent of 'normal retirement date' is age 60 for both parties, contingent survivor benefits are includable under the standard approach, the respondent's contingent survivor benefit need not be included given it terminates on divorce and no necessary modification justified inclusion, and the matter is remitted to the trial judge to recalculate equalization based on age 60 valuations.

Source excerpt

• Pension valuation
• Net family property equalization
• Normal retirement date
• Survivor benefits
• Contingent survivor benefits
• Date of marriage deductions

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Malik v. Malik

Court

Court of Appeal for Ontario

The trial judge made detailed, reasonable findings of fact and credibility that the appellant concealed income and earned substantial revenues; she properly imputed income, applied family law principles to award support and costs, and the appellant failed to identify any palpable and overriding error, so the Court of Appeal dismissed the appeal and upheld the trial orders including costs.

Source excerpt

• Spousal support
• Child support
• Equalization
• Income imputation
• Disclosure
• Costs

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M.M. v. A.M.

Court

Supreme Court of Nova Scotia

The Court amended the earlier decision to correct asset identifications and valuations and adjusted the equalization chart and allocations based on agreed corrections and the Respondent's tax reassessment; the Court refused to grant new substantive relief (a reservation for future Suncor stock) because there was no evidentiary basis presented post-judgment.

Source excerpt

• Asset identification
• Equalization of net family property
• Pension valuation
• Tax reassessment allocation
• Post-judgment correction/erratum

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Connors v. Walsh

Court

Supreme Court of British Columbia

The court dismissed a spousal support application, holding a full and final settlement with an express waiver barred relief and no statutory basis existed to set it aside.

• Enforceability of minutes of settlement
• Setting aside agreements (s.164 fla)
• Initial spousal support orders (s.15 divorce act)
• Waiver of support
• Pension valuation
• Costs discretion

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Nearing v. Sauer

Court

Supreme Court of British Columbia

The court found the parties separated on August 15, 2009, reapportioned the claimant’s pension 100% to her, ordered the claimant to pay the joint loan, and dismissed spousal support.

• Date of separation
• Reapportionment
• Fra vs fla transition
• Pension valuation
• Non-disclosure and adverse inference
• Significantly unfair standard

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