Is a wife who stays at home to care for her children entitled to a capital loss?
British Columbia, Canada
The following excerpt is from Steen v. Steen, 2010 BCSC 1166 (CanLII):
The fact that spouses, usually women, who stay at home to care for their children often suffer such a [capital] loss is now being recognized in the case law, frequently in relation to statutory provisions relating to maintenance. One expression of this loss is found in Moge v. Moge[.]
In Whitaker v. Whitaker, 2010 BCCA 248, [2010] B.C.J. No. 917, Garson J.A. for the Court of Appeal recently reaffirmed this conclusion, stating at paras. 33-35:
The appropriate first step in a s. 65 analysis before considering s. 65(2) is to consider whether the division of family assets was unfair under s. 65(1): Mann v. Mann, 2009 BCCA 181, 273 B.C.A.C. 1 at paras. 45-46.
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