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Interim family-property sale application dismissed. The court held it had jurisdiction over the Prague apartment, but found no need or expediency to force a sale before trial.
Supplementary reasons in a family property dispute adopted the claimantâs appraisal of Indian properties as the basis for valuing the partiesâ compensation entitlement.
Stay granted because preliminary assessment identified serious issues to be tried (notably those raised by a dissent about risk of separation and enforceability of undertakings), the mother would suffer irreparable harm through potential involuntary separation of primary caregiver from young children, and the balance of convenience favoured a stay; the stay is conditional on the mother filing her leave to appeal application within 45 days of receipt of the September 14, 2021 decision.
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The court dismissed a sonâs claim against his fatherâs estate for a $100,000 life insurance obligation under a Mississippi child support order, holding the duty ended at majority.
Majority (Prowse) held that although the chambers judge erred to the extent he treated s.44 as jurisdiction-conferring and erred on some s.44 factual findings, the B.C. court nonetheless had jurisdiction but properly declined to exercise it under s.46 in favour of Japan; the chambers judge did not err in exercising s.47 to grant interim custody to the mother and to order payment/security for reasonable travel and living expenses; fresh evidence was not admitted as it would not have altered the result; appeal and cross-appeal dismissed except expenses order and jurisdictional order were variedâŚ
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