H.S.S. v. S.H.D., 2018 BCCA 199
| Jurisdiction | British Columbia |
| Judge | The Honourable Mr. Justice Donald,The Honourable Madam Justice Saunders,The Honourable Mr. Justice Groberman |
| Citation | 2018 BCCA 199 |
| Docket Number | CA43852 |
| Court | Court of Appeal (British Columbia) |
| Date | 22 May 2018 |
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45 practice notes
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Spousal Support on or After Divorce
...Schimelfenig, 2014 SKCA 77. See also Droit de la famille — 152477, 2015 QCCA 1618. Tedham v Tedham, 2005 BCCA 502 at para 60; HSS v SHD, 2018 BCCA 199. 279 280 Canadian family goal. “[E]conomic hardship . . . arising from the breakdown of the marriage” is capable of encompassing not only he......
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Spousal Support on or after Divorce
...2014 SKCA 77. See also Droit de la famille — 152477, 2015 QCCA 1618. 291 Tedham v Tedham, 2005 BCCA 502 at para 60; HSS v SHD, 2018 BCCA 199. 292 Bracklow v Bracklow, [1999] 1 SCR 420 at paras Chapter 8: Spousal Support on or After Divorce self-sufficiency may be related to forgoing career ......
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Helle v. Helle, 2019 BCCA 97
...the matter to the trial court for a review “on the right footing”, as in McClaughry v. McClaughry, 2016 BCCA 101 and H.S.S. v. S.H.D., 2018 BCCA 199. In some circumstances, where a proper review was not conducted, this Court may undertake the task of conducting that review if the court does......
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Marthinsen v. Marthinsen, 2020 BCSC 619
...of no value, other than for the fact that the opinions were made: H.S.S. v. S.H.D., 2016 BCSC 1300 at para. 343, rev’d on other grounds 2018 BCCA 199; Seaman v. Crook, 2003 BCSC 464 at paras. 14–15 (approved in Samuel v. Chrysler Credit Canada Ltd., 2007 BCCA 431 at paras. 35–36, and Healey......
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41 cases
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Helle v. Helle, 2019 BCCA 97
...the matter to the trial court for a review “on the right footing”, as in McClaughry v. McClaughry, 2016 BCCA 101 and H.S.S. v. S.H.D., 2018 BCCA 199. In some circumstances, where a proper review was not conducted, this Court may undertake the task of conducting that review if the court does......
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Marthinsen v. Marthinsen, 2020 BCSC 619
...of no value, other than for the fact that the opinions were made: H.S.S. v. S.H.D., 2016 BCSC 1300 at para. 343, rev’d on other grounds 2018 BCCA 199; Seaman v. Crook, 2003 BCSC 464 at paras. 14–15 (approved in Samuel v. Chrysler Credit Canada Ltd., 2007 BCCA 431 at paras. 35–36, and Healey......
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2023 BCSC 222,
...that the circumstances should be addressed holistically. 37 In H.S.S. v. S.H.D., 2016 BCSC 1300 at para. 49, rev'd on other grounds 2018 BCCA 199, Justice Dardi outlined the following factors which informed her analysis of whether the parties were living as • whether they vacati......
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Carlson v. Shay,
...[37] In H.S.S. v. S.H.D., 2016 BCSC 1300 at para. 49, rev’d on other grounds 2018 BCCA 199, Justice Dardi outlined the following factors which informed her analysis of whether the parties were living as · ......
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2 firm's commentaries
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Trusts And Estates Freezes Under Part 5 Of The FLA Walking On Thin Ice
...this benefit, as the trustees would honour his wishes. Also, he was the source of the trust property. More recently, in H.S.S. v. S.H.D., 2018 BCCA 199 at para. 99, a case considering unfairness under the FRA, the Court affirmed the correctness of looking at the reality of the situation to ......
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Where Do Trust Assets Go When A Relationship Breaks Down?
...One common source of conflict is the interest one spouse has in a trust. Does the other spouse get half of that interest? In HSS v SHD, 2018 BCCA 199, the British Columbia Court of Appeal recently clarified what will and won't be taken into consideration when looking at those trust At issue......
2 books & journal articles
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Spousal Support on or After Divorce
...Schimelfenig, 2014 SKCA 77. See also Droit de la famille — 152477, 2015 QCCA 1618. Tedham v Tedham, 2005 BCCA 502 at para 60; HSS v SHD, 2018 BCCA 199. 279 280 Canadian family goal. “[E]conomic hardship . . . arising from the breakdown of the marriage” is capable of encompassing not only he......
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Spousal Support on or after Divorce
...2014 SKCA 77. See also Droit de la famille — 152477, 2015 QCCA 1618. 291 Tedham v Tedham, 2005 BCCA 502 at para 60; HSS v SHD, 2018 BCCA 199. 292 Bracklow v Bracklow, [1999] 1 SCR 420 at paras Chapter 8: Spousal Support on or After Divorce self-sufficiency may be related to forgoing career ......