Does the date under s. 87 of the Rules of Justice apply to the date of unequal division under section 95 of the Income Tax Act?
British Columbia, Canada
The following excerpt is from Dennis v Gill, 2018 BCSC 1533 (CanLII):
Counsel for the claimant made similar arguments in favour of adjusting the valuation date under s. 87 as she did with respect to unequal division under s. 95. For instance, she pointed to the relatively disparate contributions of the parties to the accumulation in value of the home and to the claimant's far greater contribution to the maintenance of the family home. In the past, this has been accepted in some cases: see for instance, Davie v. De Mark at paras. 165–69.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
What is the test for equal division of assets under section 65 of the Rules of Apportionation? (British Columbia, Canada)
How have sections 180 and 181 of the Rules of Civil Procedure apply in a collision involving a pedestrian and a driver? (British Columbia, Canada)
In what circumstances will Rule 30 of the Rules of Civil Procedure apply in a personal injury case? (British Columbia, Canada)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (British Columbia, Canada)
Can Rule 37B(5) of the BC SPCA Rules apply to a plaintiff who has made an offer to settle his case? (British Columbia, Canada)
What is the effect of the word "wilful delay or default" in Rule 52(5) of Rule 52 of the Rules of Appeal? (British Columbia, Canada)
What is the starting point in section 9(a) of the Rules of Civil Procedure 9(b) and 9 (b) of section 9 of the Child Support Guidelines? (British Columbia, Canada)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (British Columbia, Canada)
