What is considered to be a “significantly unfair” state of the law in the context of section 286 of the BCCA?

A definition of “significantly unfair” is found in Jaszczewska v. Kostanski, 2016 BCCA 286 (at para. 42): “…reapportionment will require something objectively unjust, unreasonable or unfair in some important or substantial sense.”

Property division and spousal support orders are closely connected: Parton v. Parton, 2018 BCCA 273 [Parton] at para. 34. The husband has paid no spousal or child support since separation. The husband has contributed to the support of the wife and the children by paying the expenses associated with the residence and other personal living expenses of the family in Canada. There is very little detail in the evidence about this. The evidence indicates vaguely that their children remain in post-secondary education. The husband has also benefitted from these payments, including by supporting his children, residing in the condominium when he is in Canada, and not making support payments of any kind.