Canada Case Law

Stockfisch v. Rehbach

Court

Supreme Court of British Columbia

The court found on balance the parties were in a marriage-like relationship as of June 26, 2017 based on the respondent's prior statutory declaration and counsel's representations; certain assets acquired pre-relationship or gifted to respondent or family members are excluded property; specified vehicles and household items are family property valued at $27,200; the Carr Street Property is family property subject to a $15,000 excluded interest (1.62% of purchase price) and must be listed for sale with net proceeds distributed per the order including an occupational rent award to the claimant;…

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• Start of marriage-like relationship
• Excluded property under s.85
• Unequal division under s.95
• Asset valuation
• Occupational rent
• Spousal support entitlement, quantum and review

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Ludwig v. Ludwig

Court

Supreme Court of British Columbia

On the facts the court found the parties' marriage-like relationship began by December 2004; Hatchery Road purchase price ($151,831.59) was excluded property of the claimant and the increase in value to its sale ($380,074.14 minus purchase price) is family property; Mr. Ludwig retained an excluded property claim to a one-half pre-relationship interest in Lots 6 and 8 valued at $247,000, claimant established excluded contributions to Lots 6 and 8 totalling $98,783.50, the mid-point of competing 2023 appraisals was used to value Lots 6 and 8 ($766,500), family property and debts were equally di…

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• Commencement of marriage-like relationship
• Excluded property
• Valuation of family property
• Equalization of family property and debt
• Spousal support entitlement and quantum
• Retroactive spousal support

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Avis Homes Limited v. Sidhu

Court

Supreme Court of British Columbia

The Cheques totaling $550,000 lacked a juristic reason on the evidence (neither repayment of redevelopment expenses nor payment of a tax debt), supporting an unjust enrichment award against Real Deal and Ms. Sidhu in that amount; the Court will not defer that award pending the Tax Action because the Reasons did not determine Mr. Dhillon's tax liability and there is no basis to secure a different party's claim by withholding funds; GST paid on the purported September 2020 transfer was triggered by Ms. Sidhu's unauthorized occupation and is not a redevelopment expense recoverable from Avis; occ…

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• Reopening trial
• Constructive trust and restitution
• Occupational rent
• Gst characterization
• Prejudgment interest
• Costs

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Van Der Zee v. Borsboom

Court

Supreme Court of British Columbia

No binding separation agreement was formed. Of the $50,000 paid to buy the Condominium, $21,500 is excluded property and $28,500 is family property. Family assets net of family debt (line of credit at separation $8,016.36 and property tax arrears $2,943.46) yield $58,540.18 to be divided; respondent is credited occupational rent $16,800 (one‑half of assumed $800 monthly rent for 42 months) prior to division, leaving $41,740.18 to be split equally. Respondent must reimburse claimant $5,000 of instalments received. Claimant may buy out respondent by paying specified amounts within 30 days; othe…

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• Division of family property
• Excluded property (s.85 fla)
• Unequal division (s.95 fla)
• Occupational rent
• Separation agreement
• Enforcement of transfer of title

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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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Verma v. Nunez

Court

Supreme Court of British Columbia

Summary trial in a family law dispute over property division, spousal support, CPP credits and costs. The court ordered equal division with set-offs and dismissed further support claims.

• Division of family property
• Spousal support entitlement and quantum
• Summary trial suitability
• Income imputation under guidelines
• Costs
• Cpp pensionable earnings equalization

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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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Cameo Farms Ltd. v. Baldwin

Court

Supreme Court of British Columbia

The court held that a 2005 tenancy agreement did not create a valid lease, and ordered vacant possession of the property to Cameo Farms Ltd.

• Lease validity
• Possession
• Occupational rent
• Hearsay evidence
• Summary trial
• Registration

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Cummings v. Mann

Court

Supreme Court of British Columbia

The court dismissed the defendant’s proprietary estoppel and unjust enrichment counterclaims, awarded the plaintiff $2,500 for trespass, and declined to order return of the engagement ring.

• Proprietary estoppel
• Unjust enrichment
• Constructive trust
• Occupational rent
• Return of chattels
• Evidence

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Dhesi v. Dhesi

Court

Supreme Court of British Columbia

The court resolved family property, trust, and support issues arising from the Dhesi separation, upheld Maninder Dhesi’s 50% interest in the Mission property, and ordered equalization and lump sum spousal support.

• Division of family property
• Excluded property
• Reapportionment (s.95 fla)
• Resulting trust
• Constructive trust
• Occupational rent

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