Canada Case Law

Dhesi v. Dhesi

Court

Supreme Court of British Columbia

The March 2, 2023 $130,000 offer lacked any rationale and, despite exceeding the trial result, it was not unreasonable for Mandeep to decline it; overall results at trial reflected mixed success for all parties with each respondent and the claimant achieving greater than 50% but less than substantial success (~75%), so costs should not follow the event; accordingly no double costs or ordinary costs awards were made and each party must bear their own costs; interpreter fees are ordered split 50/50 between Mandeep and Gurshinder with reimbursement to Maninder for his overpayment to effect that…

Source excerpt

• Spousal support
• Family property division
• Offer to settle/double costs
• Resulting trust
• Costs allocation
• Interpreter fees

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Malika v. Malik

Court

Supreme Court of British Columbia

The court ordered the former family home sold under an existing contract, cancelled the CPL, required vacant possession by August 15, 2025, and refused a s. 89 interim distribution.

• Interim sale
• Family property division
• Certificate of pending litigation
• Vacant possession
• Interim distribution s.89
• Bailiff authorization

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Samra v. Lalli

Court

Supreme Court of British Columbia

The court held the Surrey property was not family property, dismissed Joanne’s fraudulent conveyance, unjust enrichment and constructive trust claims, and ordered occupational rent and offset support payments.

• Family property division
• Fraudulent conveyance
• Unjust enrichment
• Constructive trust
• Occupational rent
• Certificate of pending litigation

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McMullan v. Papadogeorgos

Court

Supreme Court of British Columbia

Summary trial in a family property dispute over a jointly owned home: the Court found no excluded property or parental gift, granted divorce, and ordered equal division of equity and debt.

• Excluded property
• Family property division
• Reapportionment (s.95 fla)
• Cohabitation date
• Gifts from third parties
• Excluded-property

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Kulkarni v. Pachori

Court

Supreme Court of British Columbia

Family property and spousal support trial after a short marriage. The court granted divorce, found some assets excluded, ordered equal division of identified family property, and awarded lump sum support.

• Family property division
• Excluded property under fla
• Unequal division (s.95 fla)
• Resulting trust/beneficial ownership
• Spousal support (compensatory and non‑compensatory)
• Foreign coparcenary interests (indian law)

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Du v. Hu

Court

Supreme Court of British Columbia

The court granted the claimant a $75,000 interim advance from family property to fund disclosure and support applications, finding a prima facie case and no undue harm to the respondent.

• Interim distribution of family property
• Family property division
• Bare trust/beneficial ownership
• Asset tracing and concealment
• Disclosure obligations
• Spousal and child support

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K.S. v. C.W.K.

Court

Supreme Court of British Columbia

Family law judgment on property division, support, parenting, separation date, divorce, and an Iranian Maher clause. The claimant succeeds on property and support; the Maher claim is dismissed.

• Family property division
• Spousal support
• Child support
• Parenting arrangements
• Maher/dowry enforcement
• Separation date

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Loss v. Walters

Court

Supreme Court of British Columbia

The court held the July 2021 mediation agreement was not binding because key terms remained unresolved. It also said the agreement would be set aside under s. 93 if needed.

• Family property division
• Enforceability of mediation agreements
• Setting aside agreements under s.93
• Valuation date
• Family violence and financial coercion
• Settlement conference

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Volk v. Tyrrell

Court

Supreme Court of British Columbia

The court found the parties were spouses in a marriage-like relationship from July 30, 2004 to September 8, 2018 and applied the Family Law Act.

• Marriage-like relationship
• Unjust enrichment
• Family property division
• Pension entitlement under fla s.117
• Credibility assessment
• Costs

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Tomas v. De Batz De Trenquelleon

Court

Supreme Court of British Columbia

The court dismissed an application to rectify a separation agreement to add omitted Innergex PSUs, finding no unilateral mistake or unfairness.

• Separation agreement
• Rectification
• Mistake (unilateral)
• Family property division
• Spousal support
• Treatment of stock-based compensation (psus/rsus)

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