What is the basis for the husband's complaint that he was not given notice of an order for a lump sum payment from his wife to his wife?
British Columbia, Canada
The following excerpt is from Pamminger v. Pamminger, 1985 CanLII 545 (BC CA):
The principal complaint on behalf of the husband before us is not so much that the court did not have the power to make the order but that he did not have notice of the application. It arose during the hearing of his application for a reduction in periodic payments. In the course of that the wife's counsel suggested a lump sum payment and referred to Basi v. Basi. The more specific complaint is that time should have been given to meet that proposal, and particularly to bring any evidence he might have been able to bring of any changes in his capital situation from that set out in the registrar's report. The only specific suggestion in that regard is that he might have been able to show that the value of his interests in real property were less than indicated by the 1982 appraisals relied on by the registrar. No attempt has been made to bring any evidence before us that would show that there has been a change which would reflect upon his ability to meet that obligation.
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