Does the trial judge conclude that the husband has control and possession of family assets of which he has no knowledge?

British Columbia, Canada


The following excerpt is from Atherton v. Atherton, 2001 BCCA 668 (CanLII):

The trial judge concluded (at para. 26) that the husband had control and possession of family assets of which the trial judge had no knowledge, but that the assets in the possession of the wife were the major assets. He again commented that, unlike Cunha v. Cunha, he did not infer that the undisclosed assets were equal in value to the disclosed assets.

Other Questions


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)
Does use of an asset for a family purpose prior to marriage make it a family asset? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
Is the trial judge correct to consider the issue of family assets before making a maintenance determination? (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 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)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
What are the factors used in determining the division of family assets in a separation of assets? (British Columbia, Canada)
Can a judge vary the degree of fault fixed by the trial judge? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.