Can intentionality or mismanagement be found to be a factor in the purposeful dissipation of farm assets?
Saskatchewan, Canada
The following excerpt is from Phillips v. Phillips, 2008 SKQB 295 (CanLII):
Again it appears that an element of intentionality or mismanagement is required for dissipation to be found. Ball J. in Omis v. Omis 2002 SKQB 400 at para. 33 who in the context of an application of s.25 and s. 21(3)(k) of the Act found that there was no purposeful dissipation of farm assets focused on intentionality.
"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
Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision? (Saskatchewan, Canada)
What is the purpose and intent of the BBLA? (Saskatchewan, Canada)
Is there any case law where the learned trial judge found there was no evidence of intent to defraud? (Saskatchewan, Canada)
Is there any evidence that the estate has no assets to which resort can be made for redemption purposes? (Saskatchewan, Canada)
Can an expropriated property be valued on a valuation based on immediate sale for use by the owner of the land for the purpose of building purposes? (Saskatchewan, Canada)
Can a defendant be found guilty of a charge of perverting the course of justice if they have lain by intentionally causing grievous bodily harm? (Saskatchewan, Canada)
Can an accused be found guilty of the offence of possession for the purpose of trafficking? (Saskatchewan, Canada)
In what circumstances will a defendant be found liable in a trespass action? (Saskatchewan, Canada)
What factors have been considered in determining the appropriateness of a security loan? (Saskatchewan, Canada)
Is a father's intention to maintain complete control of a deposit receipt during his lifetime to his son only after his death effective testamentary disposition? (Saskatchewan, Canada)
