What is the range of damages awarded to the wife for the increase in value of the properties owned by the husband before the marriage?

Alberta, Canada


The following excerpt is from Behiels v. McCarthy, 2010 ABQB 281 (CanLII):

As well, in Wright‑Watts v. Watts, McMahon J. awarded the wife only 25% of the increase in value of the properties owned by the husband before the marriage including rental properties, taking into account the fact that: (a) the marriage was short (three years), and (b) that the husband had a greater income (paras. 74, 77).

Other Questions


What is the case law on division of property where inflation and the increase in the value of the property since the time of trial is due to inflation? (Alberta, Canada)
What is the "value received" approach in determining the amount of damages awarded by the Court of Appeal? (Alberta, Canada)
What is the range of damages awarded by the Court of Appeal for a cardiac arrest? (Alberta, Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will? (Alberta, Canada)
What is the legal test for damages for damage caused by a breach of the law by a party to a property? (Alberta, Canada)
What is the range of general damages awarded to a plaintiff for whiplash and knee injury? (Alberta, Canada)
What is the effect of a spouse’s argument that the value of their property is to be divided according to the value it retains at the time of trial? (Alberta, Canada)
What is the range of damages awarded to an injured party for failing to mitigate their injuries? (Alberta, Canada)
Does a property increase in value after the date of trial support the imposition of a constructive trust? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.