What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act?
British Columbia, Canada
The following excerpt is from R.L.H. v A.A.H., 2018 BCSC 939 (CanLII):
Section 87 of the Family Law Act presumes that the date on which to value family property or family debt is the date of trial, while conferring a discretion to select a different date if circumstances warrant such. While the Act does not set out any criteria to be considered when a different date is urged by one of the parties, this court has held that the party seeking to have family property valued on a date different than the trial date must show significant unfairness will result from accepting the presumptive trial valuation date. See Blair v. Johnson, 2015 BCSC 761 at para. 69; J.D.G. v. J.J.V., 2016 BCSC 2389 at para. 139.
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