Higgs v. Lear, 2020 BCSC 194

JurisdictionBritish Columbia
JudgeHonourable Madam Justice Fitzpatrick
Citation2020 BCSC 194
Docket NumberE16957
CourtSupreme Court of British Columbia (Canada)
Date14 February 2020
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4 practice notes
  • S.A.T. v. D.I.T.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 12, 2022
    ...value of $1,606.24. Case law indicates the surrender value of a life insurance policy is divisible family property: Higgs v. Lear, 2020 BCSC 194 at para. 249(i); Krczizanowski v. Fieseler, 2018 BCSC 1545 at para. 62; M.T. v. J.S., 2020 BCSC 203 at para. 168; Kumagai v. Campbe......
  • Suidy v. Corbeil,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 30, 2021
    ...the first $45,000 arising from the sale of Sunshine’s assets. He bears the onus of establishing such an exclusion: Higgs v. Lear, 2020 BCSC 194 at [74]        As I recognized in Higgs, the intention of the parties is a key factor toward finding whet......
  • Higgs v. Lear,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 14, 2022
    ...property and also sought an unequal division of the family property, claiming an equal division would be unfair: Higgs v. Lear, 2020 BCSC 194 at [5]          The reasons for judgment of the trial judge run to 225 paragraphs. The appendix to ......
  • Property Division In Family Matters: Is Age Relevant?
    • Canada
    • Mondaq Canada
    • March 26, 2020
    ...The Supreme Court of BC recently found that a party's age is not relevant to the division of family property in Higgs v. Lear, 2020 BCSC 194. The Court considered the argument that a younger spouse ought to receive more assets, since that spouse would likely have a longer lifespan in which ......
3 cases
  • S.A.T. v. D.I.T.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 12, 2022
    ...value of $1,606.24. Case law indicates the surrender value of a life insurance policy is divisible family property: Higgs v. Lear, 2020 BCSC 194 at para. 249(i); Krczizanowski v. Fieseler, 2018 BCSC 1545 at para. 62; M.T. v. J.S., 2020 BCSC 203 at para. 168; Kumagai v. Campbe......
  • Suidy v. Corbeil,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 30, 2021
    ...the first $45,000 arising from the sale of Sunshine’s assets. He bears the onus of establishing such an exclusion: Higgs v. Lear, 2020 BCSC 194 at [74]        As I recognized in Higgs, the intention of the parties is a key factor toward finding whet......
  • Higgs v. Lear,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 14, 2022
    ...property and also sought an unequal division of the family property, claiming an equal division would be unfair: Higgs v. Lear, 2020 BCSC 194 at [5]          The reasons for judgment of the trial judge run to 225 paragraphs. The appendix to ......
1 firm's commentaries
  • Property Division In Family Matters: Is Age Relevant?
    • Canada
    • Mondaq Canada
    • March 26, 2020
    ...The Supreme Court of BC recently found that a party's age is not relevant to the division of family property in Higgs v. Lear, 2020 BCSC 194. The Court considered the argument that a younger spouse ought to receive more assets, since that spouse would likely have a longer lifespan in which ......

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