Gibbons v. Livingston, 2018 BCCA 443

JurisdictionBritish Columbia
JudgeD. Smith,Willcock,Fenlon
Date27 November 2018
CourtCourt of Appeal (British Columbia)
Docket NumberCA45470
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6 practice notes
  • Domestic Contracts and Family Law Exceptionalism: An Historical Perspective.
    • Canada
    • McGill Law Journal Vol. 66 No. 2, December 2020
    • December 1, 2020
    ...between two parties of equal strength, because of the uniqueness of the negotiating environment" at para 419); Gibbons v Livingston, 2018 BCCA 443 (Willcock J applies the analysis in Rick, supra note 7, to a case concerning settlement negotiations upon the death of the appellant's common la......
  • Chan-Henry v. Liu, 2018 BCSC 2140
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 4, 2018
    ...[120] See also the recent summary of law respecting unconscionability in separation and settlement agreements in Gibbons v. Livingstone, 2018 BCCA 443 at paras. [121] The difficulty for Ms. Liu is the absence of a sufficient evidentiary foundation for the relief she seeks. While she portray......
  • Reiner v. Reiner,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 4, 2021
    ...of the procedural and substantive fairness of the agreement: see Young v. Sherk, 2019 BCSC 312 at para. 68; also Gibbons v. Livingston, 2018 BCCA 443 at paras. [14]        In assessing procedural fairness, I must consider the circumstances that existed at ......
  • Malecek v. Leiren,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 4, 2021
    ...half interest in the property arose upon separation… [38]        In Gibbons v. Livingston, 2018 BCCA 443, the Court of Appeal referred to the above quotation with approval and further stated at paras. 17-18: [17]      Where ......
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5 cases
  • Chan-Henry v. Liu, 2018 BCSC 2140
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 4, 2018
    ...[120] See also the recent summary of law respecting unconscionability in separation and settlement agreements in Gibbons v. Livingstone, 2018 BCCA 443 at paras. [121] The difficulty for Ms. Liu is the absence of a sufficient evidentiary foundation for the relief she seeks. While she portray......
  • Reiner v. Reiner,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 4, 2021
    ...of the procedural and substantive fairness of the agreement: see Young v. Sherk, 2019 BCSC 312 at para. 68; also Gibbons v. Livingston, 2018 BCCA 443 at paras. [14]        In assessing procedural fairness, I must consider the circumstances that existed at ......
  • Malecek v. Leiren,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 4, 2021
    ...half interest in the property arose upon separation… [38]        In Gibbons v. Livingston, 2018 BCCA 443, the Court of Appeal referred to the above quotation with approval and further stated at paras. 17-18: [17]      Where ......
  • Vancouver Coastal Health Authority v. Moscipan, 2019 BCCA 17
    • Canada
    • Court of Appeal (British Columbia)
    • January 16, 2019
    ...interest in family property only arises on separation. To similar effect is this Court’s recent decision in Gibbons v. Livingstone, 2018 BCCA 443 at paras. 24, [93] Sections 81 and 84 of the FLA provide: Equal entitlement and responsibility 81 Subject to an agreement or order that provides ......
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1 books & journal articles
  • Domestic Contracts and Family Law Exceptionalism: An Historical Perspective.
    • Canada
    • McGill Law Journal Vol. 66 No. 2, December 2020
    • December 1, 2020
    ...between two parties of equal strength, because of the uniqueness of the negotiating environment" at para 419); Gibbons v Livingston, 2018 BCCA 443 (Willcock J applies the analysis in Rick, supra note 7, to a case concerning settlement negotiations upon the death of the appellant's common la......

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