Below are notable cases that exemplify our knowledge of the law and ability to drive positive results for our clients.
Division of Assets
B.L.S. v. D.J.S., 2019 BCSC 846 was focused on the division of significant family assets, where the Respondent was able to obtain 70% of the family property pursuant to section 95 of the Family Law Act and that $800,000 of Active Business Income was ordered by the court to be the Respondent’s sole property. In calculating the division of family property, a distributive tax rate for the Respondent was accepted by the court at a lower rate than as calculated by a court-appointed expert, which was to the benefit of the Respondent. The Respondent also successfully blocked prospective spousal support. Retroactive support for the Claimant was limited to less than three years instead of eight.
Appeal of Arbitral Award
Complete Reversal of Relocation of 2 Children from Victoria to Toronto
Forrest v. Forrest, 2019 BCSC 1323. Successful appeal of an Arbitral Award as to the application of Section 37 of the Family Law Act (FLA). The result was that the court found that the arbitrator had failed to properly apply Section 37 of the FLA as to the best interests of the children. The award was amended to change the children from residing with their father in Victoria, British Columbia to residing with their mother in Toronto, Ontario.
Shaman v. Meek, 2019 BCSC 9. A case for trespass on private property. Court held that the Claimant’s neighbour had trespassed against him and ordered nominal damages to the Claimant as well as partial costs.
interim application for Child Relocation
R.D.M. v. X.M.M., 2017 BCSC 1674. Successful interim application for two children to be re-located from Victoria BC to Kamloops BC to live with their father and older sibling due to safety concerns regarding the other parent’s care.
Interim Application for Spousal Support
Skinner v. Skinner, 2016 BCSC 236. Successfully stopped an interim application for spousal support. Court ordered in favour of the Responded husband that the Claimant’s application and supporting affidavit did not comply with the legal test set out in Dupre v. Patterson, 2013 BCSC 1561. The application was dismissed, and the Claimant was ordered to redo her application and affidavit.
Application Successfully Stayed
Boynton v. Boynton, 2013 BCSC 214. Successful Stay Application staying all relief from trial pending appearance before the BC Court of Appeal.
Interim Application to Vary Child Support
Child Support Lowered
C.R. v. A.M., 2015 BCPC 434. Successful Interim Application to vary child support. Applicant father was awarded a lower child support quantum in line with his actual earnings.
Application to Vary Terms of an Agreement
Nguyen v. Dhrolia, 2014 BCSC 483. Successfully stopped post-trial variation application brought on by the Respondent father. The father wanted to vary the terms of their agreement. The Claimant mother argued that there was no jurisdiction to make such an application because the Divorce Act only allows for the variation of orders, not agreements. The Court found in favour of the mother that the incorrect procedure had been followed. The application was dismissed with costs awarded to the mother.
Appeal of Costs Order Blocked
Waters v. Michie, 2013, BCCA 441. Successfully defeated an appeal of costs of trial where the opposing party was seeking special costs against our client.