Canada Case Law

Polowy v Kelly

Court

Manitoba Court of Appeal

The Court of Appeal concluded the motion judge misapprehended the record and erred in law in applying promissory estoppel (failed to require intent to affect legal relations and misapplied facts); set aside the motion judge’s promissory estoppel finding; directed that whether the FPA limitation bars the petitioner’s claim (including related questions of agreement and statutory extension) be determined at trial; held the appeal is not moot because the reference proceeded subject to the outcome of this appeal.

Source excerpt

• Promissory estoppel
• Limitation period
• Summary judgment
• Equalization of family property
• Pension division
• Mootness

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Anka v. Ross

Court

Supreme Court of British Columbia

Family law trial on property division and spousal support. The court granted divorce, divided property equally, rejected an unpleaded exclusion claim, and ordered periodic support.

• Excluded property
• Equalization of family property
• Lump sum vs periodic spousal support
• Imputation of income
• Pleading and amendment
• Evidence and tracing

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A.K. v. N.R.P.

Court

Supreme Court of British Columbia

Family law trial addressing parenting, property division, support, and conduct orders. The court ordered shared parenting, property equalization, support, and a divorce.

• Parenting time
• Parental responsibilities
• Family violence
• Section 211 assessment
• Excluded property
• Dissipation of assets

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Lisenko v. Zamor

Court

Supreme Court of British Columbia

The court granted a divorce, found the spouses separated on March 6, 2022, divided net sale proceeds of the family home 65/35, and awarded lump sum spousal support.

• Separation date
• Equalization of family property
• Family debt (loan)
• Imputation of income
• Lump sum spousal support
• Order for sale of family home

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Ashley v. Ashley

Court

Supreme Court of British Columbia

Family property, debt, child support, spousal support and divorce were determined. The Court treated shareholder advances as income, set Guidelines incomes, and ordered support and sale-proceed distributions.

• Equalization of family property
• Family debt allocation
• Characterization of shareholder advances
• Treatment of personal injury settlements (fla s.85)
• Guidelines income imputation
• Spousal support advisory guidelines

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B.F.W. v. F.P.

Court

Supreme Court of British Columbia

Family law summary trial on parenting, property, support and divorce between separated spouses with two children. The court ordered supervised parenting time, unequal property division, child and spousal support, and divorce.

• Parental responsibilities
• Parenting time and supervision
• Travel with children
• Division of family residence
• Equalization of family property
• Retroactive child support

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Tyrell v. Tyrell

Court

Supreme Court of British Columbia

Summary trial in a family law dispute: divorce granted, property and debt divided, retroactive and ongoing spousal support ordered, and digital currency records required.

• Equalization of family property
• Valuation of privately held corporation
• Ssag and income assessment under guidelines s.18
• Date of separation for valuation
• Digital currency disclosure
• Retroactive tax characterization of support payments

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Bressers v. Bressers

Court

Supreme Court of British Columbia

La Cour prononce le divorce, ordonne un partage égal des biens et dettes familiales, accorde une pension alimentaire nominale de 1 $ par mois et prévoit une révision.

• Date of separation
• Equalization of family property
• Unequal division under s.95 fla
• Pension division
• Spousal support entitlement and review
• Post‑separation asset disposition

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M.P. v. P.P.

Court

Supreme Court of British Columbia

The court found a marriage-like relationship from May 1, 2017 to March 21, 2022, denied relocation to Nevada, dismissed a protection order, and ordered shared parenting, support, and equal property division.

• Relocation
• Parenting time and decision-making
• Income imputation
• Family violence
• Equalization of family property
• Promissory notes

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P.R.C. v. C.K.C.

Court

British Columbia Court of Appeal

Appeal from a family law trial dismissed. The court found no procedural unfairness, rejected fresh evidence, and upheld the rejection of excluded property claims.

• Excluded property
• Equalization of family property
• Procedural fairness
• Fresh evidence admissibility (palmer)
• Imputation of income
• Enforcement orders

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