Canada Case Law

Turner v. Turner

Court

Supreme Court of Nova Scotia

The applicant failed to prove on the balance of probabilities that the parties mutually destroyed the cohabitation agreement in 2002; photocopy evidence was admissible as the originals were unavailable after a diligent search; credibility findings did not favour the applicant sufficiently to meet her burden; therefore the cohabitation agreement remains binding on the parties.

Source excerpt

• Cohabitation agreement
• Mutual rescission/destruction
• Best evidence rule
• Conflict of interest
• Full and frank disclosure
• Credibility findings

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Falconer v. Cohrs

Court

British Columbia Court of Appeal

The trial judge committed a palpable and overriding error by failing to treat the respondent's admissions and the appellant's uncontradicted evidence as establishing either that the respondent assumed sole responsibility for the $500,000 mortgage or that $500,000 of the acquisition funds remained the appellant's excluded property under s.85 FLA; accordingly the appeal is allowed and the net equity apportionment is varied to $1,919,902.12 for the appellant and $297,388.76 for the respondent.

Source excerpt

• Excluded property
• Oral agreement
• Apportionment of net equity
• Mortgage liability
• Cohabitation agreement

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Hinds v. Latham

Court

Supreme Court of British Columbia

The court found the parties separated on August 18, 2021, but held the respondent was estopped from relying on an earlier date, so the claim was not time-barred.

• Date of separation
• Promissory estoppel
• Estoppel by convention
• Limitation period
• Cohabitation agreement
• Acknowledgement

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Zaepernick v. Somani

Court

Supreme Court of British Columbia

The court granted a $200,000 interim distribution to fund a family law trial, but dismissed a production request for corporate and trust documents.

• Interim distribution
• Spousal support
• Cohabitation agreement
• Document production
• Section 89 family law act
• Rule 9-1 supreme court family rules

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Nicol v. Lau

Court

Supreme Court of British Columbia

The court set aside a cohabitation agreement in relation to the Naramata property project, awarded the claimant $105,000, dismissed spousal support, and declined to impose a fine.

• Cohabitation agreement
• Procedural fairness
• Significant unfairness
• Setting aside agreement
• Property division
• Spousal support

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Feuerhelm v. Morin

Court

Supreme Court of British Columbia

The court upheld a cohabitation agreement and dismissed a claim to share in a home’s increase in value, finding the agreement was witnessed and not set aside under the Family Law Act.

• Cohabitation agreement
• Setting aside agreement under s.93 fla
• Division of family property
• Witnessing of signature
• Non-disclosure
• Unconscionability/vulnerability

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Johnston v. Goodwin

Court

Supreme Court of British Columbia

The court dismissed a summary judgment application in a dispute over alleged oral investment agreements, holding that factual and interpretation issues required trial.

• Cohabitation agreement
• Entire agreement clause
• Oral agreement enforceability
• Quantum meruit
• Summary judgment
• Summary-judgment

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Code v. McLeod

Court

Supreme Court of British Columbia

The court found a continuous marriage-like relationship, ordered child support from the respondent as a stepparent, and held the lake house was family property.

• Definition of spouse
• Stepparent support
• Income imputation from corporate entities
• Business asset valuation
• Unequal division of family property
• Cohabitation agreement

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Zaepernick v. Sayani et al

Court

Supreme Court of British Columbia

The court varied a family-law preservation order to permit the sale of Ocean Place, with net proceeds held in trust, and denied the claimant's rental request.

• Preservation order (s.91 family law act)
• Variation of interlocutory orders
• Cohabitation agreement
• Exclusive occupancy and rental of property
• Certificates of pending litigation (cpl)
• Trust of sale proceeds

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A.L.A. v. C.F.W.

Court

Supreme Court of British Columbia

The court upheld a March 2021 cohabitation agreement, refusing to set it aside for alleged non-disclosure or pressure, and made parenting and child support orders.

• Cohabitation agreement
• Setting aside agreements (fla s.93, s.164)
• Financial disclosure
• Independent legal advice
• Guidelines income (s.18)
• Shared parenting schedule

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