Janis v. Janis, 2016 BCCA 364

JurisdictionBritish Columbia
JudgeBennett, Garson and Dickson, JJ.A.
CourtCourt of Appeal (British Columbia)
Subject MatterFAMILY LAW
Citation2016 BCCA 364
Date13 September 2016
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15 practice notes
  • C.K.M. v. H.R.M.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 5, 2021
    ...dividing the family property or the date of the hearing before the court respecting the division of property: FLA, s. 87; Janis v. Janis, 2016 BCCA 364 at para. 47; Berg v. Berg, 2012 BCCA 92, citing Blackett; Frydrysek at para. 28; Pelliccia v. Pelliccia (1990), 65 D.L.R. (4th) 41 at 46, 2......
  • H.S.S. v. S.H.D., 2018 BCCA 199
    • Canada
    • Court of Appeal (British Columbia)
    • May 22, 2018
    ...of a spouse”. It has been referred to as a “basket clause”: Piskor v. Piskor, (1981), 27 B.C.L.R. 230 at 233 (C.A.); Janis v. Janis, 2016 BCCA 364 at para. 65. Its language belies its scope; cases applying it have captured a number of considerations, from contributions made during a period ......
  • Jin v. Cheng, 2018 BCSC 763
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 10, 2018
    ...Court is whether a compensation order should be made in this case and the measure of that compensation, if any. [128] In Janis v. Janis, 2016 BCCA 364 at paras. 54 and 55, the Court of Appeal affirmed that when considering a compensation order under s. 66, the presumptive valuation date is ......
  • Wallace v. Pichichero,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 20, 2021
    ...court’s discretion to choose a different valuation date, or as a matter of reapportionment based on unfairness: Janis v. Janis, 2016 BCCA 364 at paras. 54-55. Mr. Pichichero argues that, as his US funds have now largely been spent, using the exchange rate at date of trial would mean ......
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15 cases
  • C.K.M. v. H.R.M.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 5, 2021
    ...dividing the family property or the date of the hearing before the court respecting the division of property: FLA, s. 87; Janis v. Janis, 2016 BCCA 364 at para. 47; Berg v. Berg, 2012 BCCA 92, citing Blackett; Frydrysek at para. 28; Pelliccia v. Pelliccia (1990), 65 D.L.R. (4th) 41 at 46, 2......
  • H.S.S. v. S.H.D., 2018 BCCA 199
    • Canada
    • Court of Appeal (British Columbia)
    • May 22, 2018
    ...of a spouse”. It has been referred to as a “basket clause”: Piskor v. Piskor, (1981), 27 B.C.L.R. 230 at 233 (C.A.); Janis v. Janis, 2016 BCCA 364 at para. 65. Its language belies its scope; cases applying it have captured a number of considerations, from contributions made during a period ......
  • Jin v. Cheng, 2018 BCSC 763
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 10, 2018
    ...Court is whether a compensation order should be made in this case and the measure of that compensation, if any. [128] In Janis v. Janis, 2016 BCCA 364 at paras. 54 and 55, the Court of Appeal affirmed that when considering a compensation order under s. 66, the presumptive valuation date is ......
  • Jacinto v. Mariano, 2020 BCSC 1990
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 16, 2020
    ...if property is owned by spouses as joint tenants, sever the joint tenancy. [28]       In Janis v. Janis, 2016 BCCA 364, Garson J.A., writing for the Court, summarised the propositions to be taken from the authorities discussing the application of those provisio......
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