Canada Case Law

Cabalona v. Turney

Court

Supreme Court of British Columbia

The Family Law Act applies; on a s.89 assessment the court found both parties economically needy but Turney more disadvantaged (incapacity, low fixed income, cannot self-represent) and that a further large interim distribution to the claimant would likely harm Turney's interests given the disputed cohabitation agreement and prior $200,000 distribution; balancing necessity and potential harm, the court exercised its discretion to grant a limited interim distribution of $50,000 to Turney for future legal fees and disbursements only, and denied the claimant's application for a second interim dis…

Source excerpt

• Interim distribution
• Family law act s.89
• Cohabitation agreement enforceability
• Litigation funding
• Capacity and committee proceedings
• Consent orders

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Hammond v. Holtz

Court

Supreme Court of British Columbia

Family law trial on property division, support, and tort claims. The court ordered an unequal division of the Maple Ridge property, found sexual battery, and awarded child support-related lump sums.

• Cohabitation agreement enforceability
• Division of family property
• Significant unfairness under s.95 fla
• Spousal support entitlement
• Lump sum child support
• Section 7 expenses

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Kennedy v. Kennedy

Court

Supreme Court of British Columbia

The court added proposed respondents to a family case, imputed the respondent’s income at $135,000, and ordered interim child and spousal support.

• Joinder of parties
• Interim child support
• Interim spousal support
• Imputation of income
• Solicitor-client privilege
• Disclosure

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Parton v. Riecker

Court

Supreme Court of British Columbia

The court held that the claimant could pursue property division and spousal support under the Family Law Act, and dismissed the respondent’s application.

• Family law act interpretation
• Family relations act transition provisions
• Cohabitation agreement enforceability
• Setting aside agreements
• Transitional legislation and limitation periods
• Family-law-act

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Cowan v. Williams

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal in part, finding no procedural unfairness but holding that the compensation payment for Woodley Ghyll was miscalculated.

• Cohabitation agreement enforceability
• Division of family property
• Compensation payment for property interest
• Procedural fairness and natural justice
• Variation/clarification of unentered orders
• Palpable and overriding error

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Skillen v. Tomlin

Court

Supreme Court of British Columbia

The court held the cohabitation agreement remained enforceable and dismissed claims for resulting trust, constructive trust, quantum meruit, and unjust enrichment.

• Cohabitation agreement enforceability
• Resulting trust
• Constructive trust
• Quantum meruit
• Rescission
• Unjust enrichment

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Loranger v. Stini

Court

Supreme Court of British Columbia

Application for interim spousal maintenance was dismissed because the cohabitation agreement waiving maintenance was treated as valid on this application.

• Interim spousal maintenance
• Cohabitation agreement enforceability
• Waiver of independent legal advice
• Discretion to grant interim relief
• Interim-spousal-maintenance
• Cohabitation-agreements

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