Canada Case Law

Paletar v. Paletar

Court

British Columbia Court of Appeal

The trial judge correctly applied s.95 of the Family Law Act, considered the origin of the family property and all s.95(2) factors together, found the appellant retained the value of his excluded property and that equal division would not be 'significantly unfair', and the Court of Appeal, applying a deferential standard, found no error of law or principle warranting appellate interference and dismissed the appeal.

Source excerpt

• Division of family property
• Excluded property
• Significant unfairness under s.95
• Reapportionment
• Standard of review

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Riou v. Marshall

Court

Supreme Court of British Columbia

The court found the parties were spouses in a marriage-like relationship from November 19, 2015 to March 15, 2021, and ordered support and unequal property division.

• Marriage-like relationship
• Separation date
• Valuation date
• Excluded property
• Significant unfairness under s.95
• Spousal support compensatory and non-compensatory

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Ernst v. Carmichael

Court

Supreme Court of British Columbia

Family property and spousal support dispute over a short relationship. The court traced excluded property, adjusted valuations for significant unfairness, awarded lump-sum support, and dismissed occupational rent.

• Family law act application and valuation date
• Excluded property and tracing
• Significant unfairness under s.95
• Determination of cohabitation dates
• Division of pension under part 6
• Lump sum transitional support

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