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Family law 2025 BCSC 622

F.C.A.S. v. C.E.S.

The court dismissed a challenge to a post-nuptial marriage agreement, finding no material nondisclosure, no proven exploitation of vulnerability, and no significant unfairness.

  • Marriage agreement
  • Setting aside agreement
  • Procedural unfairness (s.93)
  • Operational/significant unfairness (s.93(5))
  • Spousal support
  • Financial disclosure
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Family law 2024 BCSC 1815

Li v. Narejko

The court enforced a family law settlement reached on February 20, 2024, finding the respondent’s counsel had authority and rejecting duress and unfairness arguments.

  • Settlement agreement enforcement
  • Authority of counsel (ostensible authority)
  • Formal offers to settle (rule 11-1)
  • Duress and undue influence
  • Unconscionability
  • Spousal support
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Family law 2023 BCSC 2062

Porter v. Porter

The court granted an interim distribution under s. 89 of the Family Law Act, finding the claimant economically disadvantaged and the claim reasonably arguable.

  • Interim distribution
  • Family law act s.89
  • Duress and undue influence
  • Share transfers
  • Impecuniosity
  • Mediation
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Family law 2021 BCCA 482

Hudema v. Moore

The Court of Appeal dismissed Mr. Hudema’s appeal, upholding summary trial dismissal of his family property claim based on an enforceable domestic agreement.

  • Property division
  • Domestic contract enforceability
  • Summary trial procedure
  • Spousal status under family law act s.3
  • Setting aside agreements under fla s.93
  • Costs
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Family law 2021 BCSC 1432

Brown v. Etchells

The court held that a signed family settlement was a binding agreement under s. 6 of the Family Law Act and refused to set it aside under s. 93 or common law duress grounds.

  • Settlement agreements
  • Enforceability of agreements
  • Division of family property
  • Child custody and contact
  • Family law act s.6
  • Family law act s.93
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Civil procedure 2021 BCSC 1237

Konicek v. Vantown Infrastructure Invesco Inc.

The court held that the Leungs’ personal communications with Lawson Lundell were not privileged, ordered a limited Rule 7-5 examination of Frans Lotz, and required Vantown to obtain and produce non-privileged emails from Lawson Lundell.

  • Privilege waiver
  • Rule 7-5 pre-trial examination
  • Document production under rule 7-1
  • Proportionality of discovery
  • Duress and undue influence
  • Solicitor-client-privilege
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Family law 2019 BCSC 2198

Betz v. Betz

The court varied a marriage agreement’s pension terms, finding the agreement was signed under duress and undue influence and that the pension division was unfair.

  • Marriage agreement
  • Duress and undue influence
  • Variation of agreement
  • Pension entitlement
  • Section 65 family relations act
  • Marriage-agreement
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Family law 2016 BCSC 592

Wu v. Lee

The court rejected claims that disputed property was funded from family investments, found key financial records unreliable, and upheld the separation agreement.

  • Separation agreement
  • Duress and undue influence
  • Unjust enrichment
  • Breach of trust
  • Conversion
  • Accounting
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Family law 2013 BCSC 1629

S.M.F. v. D.W.B.

The court upheld the parties’ prenuptial agreement, found a December 2010 settlement on property division, rejected an April 2011 memorandum as binding, and ordered support and parenting terms.

  • Cohabitation agreement
  • Prenuptial (marriage) agreement
  • Separation agreement enforcement
  • Settlement by email
  • Duress and undue influence
  • Spousal support (miglin analysis)
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Environmental law 2011 BCSC 147

Thandi Group Holdings Inc. v. Royal Bank of Canada

The court dismissed the plaintiffs’ action, holding that a broad 2004 release barred their claims against the Royal Bank and Terry Horton and that no genuine issue for trial remained.

  • Release construction
  • Duress and undue influence
  • Negligent misrepresentation
  • Remediation liability
  • Forbearance agreements
  • Summary dismissal (no genuine issue for trial)
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