Canada Case Law

Ardakani v. Nourani

Court

Supreme Court of British Columbia

Court found separation occurred December 27, 2016; the 2009 transfer of legal title to the claimant was a contractual security/agreement (not a gratuitous gift) excluded the Ghorbani Property from equal division under s.92; claimant retained sole interest in Ghorbani and is entitled to half of rental income; Delta Property and its rental income are family property to be divided equally with adjustments for personal occupation and taxes; TD Loan was incurred after separation and is respondent's sole responsibility; spousal support varied to $2,450/month from April 24, 2023 with a ten year paym…

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• Division of family property
• Enforceability of marriage agreement (mehrieh)
• Separation date
• Family debt
• Occupational rent
• Browne v dunn rule

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Sen v. Panwar

Court

Supreme Court of British Columbia

The Court held that the spousal relationship commenced on May 7, 2017 (civil marriage) and separation occurred March 2, 2024 (service of Second NOFC after a reconciliation period). From the $87,708.86 net sale proceeds of the townhouse allowable family debts totaling $63,299.59 were deducted leaving $24,409.27 to be split equally ($12,204.64 each). Claims for unequal division were dismissed. Jewellery gifted to the Respondent is excluded property but appreciated value claims were dismissed for lack of reliable evidence and unclear possession; Indian bank account was excluded property; the Ban…

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• Division of family property
• Family debt
• Excluded property (gifts)
• Date of separation and commencement of spousal relationship
• Undeclared assets and disclosure
• Jurisdiction over foreign assets

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Q.L. v. D.L.

Court

Supreme Court of British Columbia

The court granted a divorce, fixed separation at August 20, 2020, ordered child and spousal support, divided family property, and dismissed occupational rent.

• Separation date
• Guardianship
• Parenting time and responsibilities
• Section 7 expenses
• Rsus and stock options valuation and division
• Imputation of income

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Ungaro v. Velazquez

Court

Supreme Court of British Columbia

The court found no enforceable settlement agreement, ordered a 55/45 reapportionment of net family property in the claimant’s favour, declined spousal support, and granted divorce.

• Division of family property
• Family debt
• Settlement agreement enforcement
• Valuation date
• Spousal support
• Child support - post-secondary

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Krueger v. Evans

Court

Supreme Court of British Columbia

In this family law trial, the court granted a divorce, denied ongoing spousal support, accepted equal division of limited property and debt, and assigned no market value to the parties’ corporations.

• Spousal support entitlement
• Compensatory support
• Non-compensatory support
• Income imputation
• Division of family property
• Unequal division under fla s.95

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Chand v. Shannon

Court

Supreme Court of British Columbia

Summary trial granted in a family law dispute. The court ordered divorce, unequal division of property and pension, no spousal support, and costs to the claimant.

• Reapportionment
• Summary trial suitability
• Pension division
• Family debt
• Spousal support
• Protection orders

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Tilma v. Martin

Court

Supreme Court of Nova Scotia

The $8,000 advanced by Mr. Tilma’s mother was a loan that purchased the 2013 Dodge Journey and thus constituted a family debt to be included in equalization; Ms. Martin benefitted and must bear half of that debt and half of post-separation interest payments on the consolidation loan; the Journey is valued at $8,000 based on the recent purchase proximate to separation and corroborating evidence and credibility findings favouring Mr. Tilma.

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• Division of assets
• Family debt
• Common-law relationship
• Vehicle valuation
• Consolidation loan interest allocation
• Household contents

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Gaddi v. Bartholomew

Court

Supreme Court of British Columbia

The court ordered equal division of family property and debt, dismissed spousal support and personal injury claims, and found no clear oral agreement to opt out.

• Division of family property
• Family debt
• Valuation date for family property
• Spousal support entitlement (compensatory and non-compensatory)
• Personal injury causation (sti)
• Oral agreements re family property

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Frigon v. Frigon

Court

Supreme Court of British Columbia

The court granted the claimant interim exclusive occupancy of the family home and ordered interim spousal support of $4,000 per month, while rejecting the respondent’s family-debt position.

• Exclusive occupancy
• Spousal support
• Imputation of income
• Family debt
• Interim relief
• Costs

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Zhu v. Lin

Court

Supreme Court of British Columbia

Le tribunal a tranché la division des biens familiaux et des dettes, n’arrachant qu’une seule dette familiale et ordonnant une répartition égale de la valeur nette de GCR, avec option de rachat ou vente.

• Division of family property
• Excluded property
• Valuation date
• Family debt
• Occupation rent
• Post-separation expenses

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