Canada Case Law

Bowden v. Rudy

Court

Supreme Court of British Columbia

On the balance of probabilities the respondent's allegations of physical and sexual assault and intentional infliction of mental distress were not proven due to credibility concerns, inconsistent and omitted evidence, failure to call independent corroborating witnesses and limited probative weight of recordings; property is divisible equally after crediting respondent's established excluded equity and valuing the family home at trial date; claimant entitled to a monetary award of CAD 301,967 representing his share after adjustments; costs each party bears own costs.

Source excerpt

• Assault
• Battery
• Sexual assault
• Intentional infliction of mental distress
• Property division
• Excluded property

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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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Robson v. Pellerin

Court

Court of Appeal for Ontario

Ontario Court of Appeal partly allowed a family law appeal, correcting a post-separation credit calculation, while upholding the trial judge on equalization, spousal support, and most other issues.

• Equalization
• Post-separation adjustments
• Valuation date
• Matrimonial home
• Inheritance
• Loans vs gifts

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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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L.E.S. v. C.A.S.

Court

Supreme Court of British Columbia

The court resolved disputes over registered investments, confirmed limited excluded-property amounts, and held the equalization should use current fair market values.

• Division of family property
• Excluded property
• Valuation date
• Disclosure obligations
• Spousal rollover
• Family law act s.87

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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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Grant v. Grant Estate

Court

Supreme Court of British Columbia

The court held that the respondent’s 10% registered interest in the house should be valued at current appraised value at trial, with a net deduction for expenses.

• Valuation date
• Purchase of interest under ppa
• Occupational rent
• Indefeasibility of title
• Equitable adjustments
• Breach of agreement

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Chiu v. Yee

Court

Supreme Court of British Columbia

In this family property dispute, the court held the claimant’s sole-name savings were not family assets, valued property at trial, and reapportioned the Edgelow proceeds 75/25 in favour of the estate.

• Family asset
• Ordinary use for family purpose
• Triggering event
• Valuation date
• Reapportionment
• Onus of proof

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Ungaro v. Velazquez

Court

Supreme Court of British Columbia

The court found no enforceable settlement agreement, ordered a 55/45 reapportionment of net family property in the claimant’s favour, declined spousal support, and granted divorce.

• Division of family property
• Family debt
• Settlement agreement enforcement
• Valuation date
• Spousal support
• Child support - post-secondary

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Klopfstein v. Klopfstein

Court

Supreme Court of British Columbia

The court rectified a 2014 family order using 2014 property values, awarded an additional lump sum spousal support amount, and adjourned support and child support claims.

• Spousal support
• Property division
• Common mistake
• Rectification
• Unconscionability
• Child support

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