Khan v. Gilbert, 2019 BCCA 80
| Jurisdiction | British Columbia |
| Judge | Kirkpatrick,Goepel,Fenlon |
| Citation | 2019 BCCA 80 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA44955 |
| Date | 07 March 2019 |
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32 practice notes
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C.K.M. v. H.R.M.,
...of whether the equal division of family property would be significantly unfair. C. Conclusion [94] The claimant argues Khan v. Gilbert, 2019 BCCA 80 at para. 32, citing Nanara v. Nanara, 2017 BCSC 1447 and E.H.H. v. C.L.M., 2017 BCSC 1299, is support for the proposition that only marked, pr......
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Y.L. v. G.L., 2020 BCSC 808
...to the financial circumstances of the family are considered, as the Court of Appeal recently re-emphasized in Khan v. Gilbert, 2019 BCCA 80 at paras. 25-36. In doing so, the Court of Appeal repeated the statement of principles in Jaszczewska and endorsed decisions of this court, including S......
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Sperring v Shutiak,
...J.A. in this passage occurred in Singh. In that case, Justice Garson noted that in V.J.F. v. S.K.W., 2016 BCCA 186, and Khan v. Gilbert, 2019 BCCA 80, this Court expressed the view that a high threshold must be met to reapportion assets under s. 95, and that reapportionment will require som......
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Mirsayah v. Pajouh,
...orders must be allowed: Crepnjak v. Crepnjak, 2011 BCCA 177 at para. 23. [35] In Khan v. Gilbert, 2019 BCCA 80 at para. 11, Justice Fenlon relied on R. v. Walker, 2008 SCC 34, where Justice Binnie described the approach to be taken by an appella......
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31 cases
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C.K.M. v. H.R.M.,
...of whether the equal division of family property would be significantly unfair. C. Conclusion [94] The claimant argues Khan v. Gilbert, 2019 BCCA 80 at para. 32, citing Nanara v. Nanara, 2017 BCSC 1447 and E.H.H. v. C.L.M., 2017 BCSC 1299, is support for the proposition that only marked, pr......
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Y.L. v. G.L., 2020 BCSC 808
...to the financial circumstances of the family are considered, as the Court of Appeal recently re-emphasized in Khan v. Gilbert, 2019 BCCA 80 at paras. 25-36. In doing so, the Court of Appeal repeated the statement of principles in Jaszczewska and endorsed decisions of this court, including S......
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Sperring v Shutiak,
...J.A. in this passage occurred in Singh. In that case, Justice Garson noted that in V.J.F. v. S.K.W., 2016 BCCA 186, and Khan v. Gilbert, 2019 BCCA 80, this Court expressed the view that a high threshold must be met to reapportion assets under s. 95, and that reapportionment will require som......
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Mirsayah v. Pajouh,
...orders must be allowed: Crepnjak v. Crepnjak, 2011 BCCA 177 at para. 23. [35] In Khan v. Gilbert, 2019 BCCA 80 at para. 11, Justice Fenlon relied on R. v. Walker, 2008 SCC 34, where Justice Binnie described the approach to be taken by an appella......
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1 firm's commentaries
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Misconduct and Lack of Contribution are not Grounds for Reapportionment of Property
...cases confirm that the “threshold for departing from equal division of property is high”. VJF v. SKW 2016 BCCA 186 and Khan v. Gilbert 2019 BCCA 80. The issue of using section 95 to compensate for misconduct was considered in Singh v. Singh 2020 BCCA 21 where a bad faith bankruptcy was file......