Canada Case Law

Orrego v. Pearson

Court

Supreme Court of British Columbia

Claimant is entitled to time-limited compensatory spousal support because she sacrificed greater earning potential to work in the family restaurant and lost salary on separation; respondent's disability claim lacks causal connection and sufficient evidence and is undermined by investigator evidence, so non-compensatory support is denied; two years' duration is sufficient and a retroactive lump-sum of $22,750 (after tax-benefit discount) is appropriate; property division is resolved by transferring claimant's PRG shares and her shareholder loan to respondent, claimant retaining the TD savings…

Source excerpt

• Compensatory spousal support
• Non-compensatory spousal support (disability)
• Duration of support
• Retroactive lump-sum support
• Division of family property
• Shareholder loan

Read case analysis

Daud v. Temor

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a family law appeal challenging striking of pleadings, valuation of a business interest, and imputed income for child support.

• Child support
• Equalization of net family property
• Disclosure obligations
• Imputed income
• Striking pleadings
• Business valuation

Read case analysis

Mori v. Lobb

Court

British Columbia Court of Appeal

Leave to appeal from a mid-trial refusal to order third-party records was dismissed. The court found no reviewable error and held an appeal would disrupt trial management.

• Third-party document production
• Leave to appeal
• Discretionary trial rulings
• Fraudulent conveyance
• Business valuation
• Trial management

Read case analysis

Lamond v. Vermette

Court

Supreme Court of British Columbia

The court ordered a family claim and two oppression petitions to be heard together, finding overlapping issues about Alpine Pro, valuation, and control, with no substantial prejudice.

• Joinder/hearing together
• Consolidation distinction
• Oppression remedy
• Ownership of shares
• Business valuation
• Trial management

Read case analysis

McCoppen v. Stewart

Court

Supreme Court of British Columbia

The court granted sole conduct of sale, disclosure orders, a non-disposition order, a $5,000 fine, and regular costs after continued non-compliance and delay.

• Conduct of sale
• Disclosure and production of documents
• Business valuation
• Non‑disposition order
• Contempt/fines for non‑compliance
• Costs

Read case analysis

Moxon v. Moxon

Court

Supreme Court of British Columbia

In this family-law costs ruling, the court found neither party achieved substantial success and declined costs to either side, with expert and hearing fees shared equally.

• Substantial success for costs
• Offers to settle (rule 11-1)
• Reapportionment of family property
• Business valuation
• Special/increased costs against counsel
• Interest on awards

Read case analysis

Colpitts v. Colpitts

Court

Supreme Court of Nova Scotia

The court allowed the late filing of the experts because exceptional circumstances existed (previous counsel missed multiple deadlines and failed to recognise existing disclosure; key information was only recently clarified), the expert reports were highly probative and necessary to determine business income, valuation and spousal support, and the prejudice to the respondent was minimal given no trial date; conversely, the court denied production orders for estimated market remuneration and 2020 vehicle valuations because those items were not in the respondent's possession or readily accessib…

Source excerpt

• Spousal support
• Disclosure
• Expert report deadlines
• Business valuation
• Income determination
• Costs

Read case analysis

Moxon v. Moxon

Court

Supreme Court of British Columbia

Family property trial over a physiotherapy business: the court valued Deep at $575,000 and reapportioned it 60% to Jordana Moxon and 40% to Samuel Moxon.

• Unequal division under s.95 fla
• Business valuation
• Shareholder loans and dividends
• Pension division
• Prejudgment interest
• Credibility assessment

Read case analysis

R.L. v. M.L.

Court

Supreme Court of British Columbia

The court held the family trial was more than ordinarily difficult, awarded double costs from the offer date, and granted partial special costs for misconduct.

• Special costs
• Double costs
• Offer to settle
• Marriage agreement
• Disclosure obligations
• Breach of asset restraining order

Read case analysis

R.L. v. M.L.

Court

Supreme Court of British Columbia

The court found the parties separated in June 2017, awarded retroactive and ongoing child and spousal support, and applied the Marriage Agreement with property adjustments.

• Child support
• Spousal support
• Marriage agreement (prenup)
• Asset division
• Retroactive support
• Business valuation

Read case analysis