Canada Case Law

Ludwig v. Ludwig

Court

Supreme Court of British Columbia

On the facts the court found the parties' marriage-like relationship began by December 2004; Hatchery Road purchase price ($151,831.59) was excluded property of the claimant and the increase in value to its sale ($380,074.14 minus purchase price) is family property; Mr. Ludwig retained an excluded property claim to a one-half pre-relationship interest in Lots 6 and 8 valued at $247,000, claimant established excluded contributions to Lots 6 and 8 totalling $98,783.50, the mid-point of competing 2023 appraisals was used to value Lots 6 and 8 ($766,500), family property and debts were equally di…

Source excerpt

• Commencement of marriage-like relationship
• Excluded property
• Valuation of family property
• Equalization of family property and debt
• Spousal support entitlement and quantum
• Retroactive spousal support

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S.V.A. v. D.M.D.

Court

Supreme Court of British Columbia

En una disputa familiar, el tribunal fijó el inicio de la relación conyugal en enero de 2004, rechazó un acuerdo oral para mantener bienes separados y ordenó varias compensaciones financieras.

• Commencement of marriage-like relationship
• Excluded property
• Equalization payment
• Tracing of funds
• Retroactive child support
• Costs

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Basi v. Basi

Court

Supreme Court of British Columbia

The court found the parties’ marriage-like relationship began in May 2005, rejected the respondent’s excluded property claim to the Peerless Property, and ordered equal division of family assets.

• Commencement of marriage-like relationship
• Excluded property and tracing
• Division of family property
• Pension division
• Spousal support
• Sale of matrimonial home

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Mancinelli v. Mancinelli

Court

Supreme Court of British Columbia

The court found the parties began a marriage-like relationship in June 2003, divided family property equally, awarded retroactive support for 2019, and dismissed ongoing spousal support.

• Commencement of marriage-like relationship
• Excluded property and tracing of inheritances
• Unequal division under s.95 family law act
• Valuation of real and personal property
• Retroactive spousal support
• Imputation of income

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Pidwerbeski v. Garcia

Court

Supreme Court of British Columbia

The court found the parties began living in a marriage-like relationship in February 1998, ordered equal division of family property and debt, and dismissed the spousal support claim.

• Commencement of marriage-like relationship
• Excluded property
• Reapportionment under s.95
• Oral agreement on property
• Occupation rent
• Cpp and pension splitting

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Chandler v. Chandler

Court

Supreme Court of British Columbia

Court found the parties began living in a marriage-like relationship in April 2001 and granted divorce, support, and property division orders after trial.

• Commencement of marriage-like relationship
• Guideline income determination
• Income imputation
• Retroactive support
• Special expenses (s.7)
• Division of lira/rrsp

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