How has the Court in BC dealt with challenges to the way the trial judge apportioned assets?
British Columbia, Canada
The following excerpt is from Birnie v. Baily, 2010 BCCA 269 (CanLII):
In considering the challenges made to how the trial judge apportioned various assets it is important to remember that trial decisions in family-law matters, including those involving the division of family assets, are entitled to considerable deference. Such decisions involve an element of discretion and, therefore, an appellate court will intervene only if the trial judge made an error in principle, significantly misapprehended the evidence, or made an award that is clearly wrong: Rumian v. Rumian, 2006 BCCA 264, 226 B.C.A.C. 297 at para. 6.
"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
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
How has the court apportioned the assets between the owning spouse and the receiving spouse after the date of trial? (British Columbia, Canada)
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
What is the test for a judge to depart from the judgment of another judge of the same court? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
How has the court in BC dealt with the issue of division of the net value of the spouses' net assets? (British Columbia, Canada)
Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
How have the courts in BC dealt with the issue of proof of loss at the commencement of trial in a case where the loss had taken place as soon as practicable? (British Columbia, Canada)
