Canada Case Law

Janif v. Chander

Court

British Columbia Court of Appeal

The phrase 'the duration of the relationship between the spouses' in s.95(2)(a) of the Family Law Act refers to the period from the beginning of the relationship to the date of separation; the trial judge erred in law by considering post‑separation interactions under s.95(2)(a), and the appeal is allowed and remitted for reconsideration of whether equal division is significantly unfair confined to that statutory period.

Source excerpt

• Division of family property
• Significant unfairness
• Separation date
• Valuation date

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Ardakani v. Nourani

Court

Supreme Court of British Columbia

Court found separation occurred December 27, 2016; the 2009 transfer of legal title to the claimant was a contractual security/agreement (not a gratuitous gift) excluded the Ghorbani Property from equal division under s.92; claimant retained sole interest in Ghorbani and is entitled to half of rental income; Delta Property and its rental income are family property to be divided equally with adjustments for personal occupation and taxes; TD Loan was incurred after separation and is respondent's sole responsibility; spousal support varied to $2,450/month from April 24, 2023 with a ten year paym…

Source excerpt

• Division of family property
• Enforceability of marriage agreement (mehrieh)
• Separation date
• Family debt
• Occupational rent
• Browne v dunn rule

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Q.L. v. D.L.

Court

Supreme Court of British Columbia

The court granted a divorce, fixed separation at August 20, 2020, ordered child and spousal support, divided family property, and dismissed occupational rent.

• Separation date
• Guardianship
• Parenting time and responsibilities
• Section 7 expenses
• Rsus and stock options valuation and division
• Imputation of income

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Aspirin v. Aspirin

Court

Supreme Court of British Columbia

Family law trial on separation date, parenting, support, and property. The court fixed separation at July 4, 2018 and ordered shared decision-making and structured parenting time.

• Separation date
• Parenting time
• Family violence
• Decision-making (joyce model)
• Income imputation
• Rrsp rollover

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Lisenko v. Zamor

Court

Supreme Court of British Columbia

The court granted a divorce, found the spouses separated on March 6, 2022, divided net sale proceeds of the family home 65/35, and awarded lump sum spousal support.

• Separation date
• Equalization of family property
• Family debt (loan)
• Imputation of income
• Lump sum spousal support
• Order for sale of family home

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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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Moore v. Cosby

Court

Supreme Court of British Columbia

Family law property division dispute over separation date, limitation period, pension division, and the valuation of the Subdivided Forsyth Property.

• Separation date
• Statute of limitations (s.198 fla)
• Family property vs excluded property
• Valuation date
• Significant unfairness (s.95 fla)
• Division of pension (part 6 fla)

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McKinley v. McKinley

Court

Supreme Court of British Columbia

The court found the parties permanently separated in December 2018, rejected any later reconciliation, dismissed the claimant’s property claim, and granted the respondent a divorce.

• Separation date
• Marriage-like relationship
• Division of family property
• Protection order
• Certificate of pending litigation (cpl)
• Credibility and reliability

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Raith v. Gauthier

Court

Supreme Court of British Columbia

The court divided family property and debt between unmarried spouses, awarded the claimant fixed costs, and declined to order pension or RRSP division on the sparse record.

• Division of family property
• Excluded property and increase in value
• Valuation date
• Separation date
• Preservation costs (post-separation)
• Equalization of property and debt

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Taylor v. Forest Estate

Court

Supreme Court of British Columbia

The court dismissed a jurisdictional strike application, finding the claimant had a good arguable case that she was a spouse and separated before the deceased's death.

• Jurisdiction
• Spousal status
• Separation date
• Rule 18-2
• Rule 11-2
• Wills, estates and succession act

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