Ciachurski v. Ciachurski, (1994) 47 B.C.A.C. 208 (CA)

• Judge: Legg, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: July 14, 1994
• Jurisdiction: British Columbia
• Citations: (1994), 47 B.C.A.C. 208 (CA)

Ciachurski v. Ciachurski (1994), 47 B.C.A.C. 208 (CA);

    76 W.A.C. 208

MLB headnote and full text

Sandra Gale Ciachurski (petitioner/respondent) v. Jeffrey Joseph Ciachurski (respondent/appellant)

(CA018631/CA018632)

Indexed As: Ciachurski v. Ciachurski

British Columbia Court of Appeal

Legg, J.A.

July 27, 1994.

Summary:

A Chambers judge ordered a husband to pay his estranged wife $30,000 within 60 days, such sum to be accounted for upon the division of family assets pursuant to s. 52 of the Family Relations Act. The judge also ordered the husband to pay the wife $3,500 per month. The husband applied for leave to appeal the first order, and for stays of exe­cution of both orders.

The British Columbia Court of Appeal, per Legg, J.A., granted leave to appeal, but refused both stays.

Family Law - Topic 880.6

Husband and wife - Marital property - Distribution orders - Relief or interim relief - A Chambers judge ordered a hus­band to pay his estranged wife $30,000 within 60 days, the sum to be accounted for upon the division of family assets in s. 52 of the Family Relations Act - The $30,000 represented the wife's one-half share of the profits realized on the sale of corporate shares which were family assets, and money needed by the wife to finance the litigation - The husband was ordered to sell certain corporate shares held by him in order to raise the funds - The British Columbia Court of Appeal, per Legg, J.A., granted leave to appeal the issue of whether the judge had jurisdiction to make the order under s. 52.

Cases Noticed:

Bodo v. Bodo (1990), 25 R.F.L.(3d) 295 (B.C.S.C.), refd to. [para. 23].

Belzberg v. Belzberg (1991), 34 R.F.L.(3d) 449 (B.C.S.C.), refd to. [para. 23].

Erskine v. Erskine (1991), 31 R.F.L.(3d) 273 (B.C.S.C.), refd to. [para. 23].

Reilly v. Reilly (1992), 21 B.C.A.C. 104; 37 W.A.C. 104; 44 R.F.L.(3d) 72 (C.A.), refd to. [para. 23].

Smith v. Frick (1984), 57 B.C.L.R. 270 (C.A.), appld. [para. 27].

Statutes Noticed:

Family Relations Act, R.S.B.C. 1979, c. 121, sect. 14 [para. 27]; sect. 52 [paras. 1, 19, 23, 26]; sect. 52(1) [para. 23].

Rules of Court (B.C.), Supreme Court Rules, rule 43(1) [para. 23].

Counsel:

Hugh Stark, for the applicant;

M. Edward Mortimer, Q.C., for the respondent.

This appeal was heard on July 14, 1994, at Vancouver, British Columbia, in Chambers, before Legg, J.A., of the British Columbia Court of Appeal, who delivered the follow­ing judgment on July 27, 1994.