Kirk v. Kirk et al., [2007] B.C.T.C. Uned. 6 (SC)

JudgeArnold-Bailey, J.
CourtSupreme Court of British Columbia (Canada)
Case DateJanuary 12, 2007
JurisdictionBritish Columbia
Citations[2007] B.C.T.C. Uned. 6 (SC);2007 BCSC 67;[2007] B.C.T.C. Uned. 6
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17 practice notes
  • Child Support on or after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...or additional financial information, and a change in the means or needs of the payor and payee spouse respectively (Kirk v. Kirk et al., 2007 BCSC 67 at para. In ordering permanent child support, a trial judge is not bound by a preexisting order for interim child support.655 An amount payab......
  • Child Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...or additional financial information, and a change in the means or needs of the payor and payee spouse respectively (Kirk v. Kirk et al., 2007 BCSC 67 at para. In ordering permanent child support, a trial judge is not bound by a pre-existing order for interim child support.696 An amount paya......
  • Gill v. Benipal,
    • Canada
    • Court of Appeal (British Columbia)
    • February 8, 2022
    ...granting of a divorce if doing so would prejudice the rights of one of the parties: Mann v. Mann, 2013 BCSC 1726, and Kirk v. Kirk, 2007 BCSC 67.  The onus is on the party asserting prejudice to establish sufficient prejudice to warrant the court declining to exercise its divorce ......
  • Kirk v. Kirk et al., [2007] B.C.T.C. Uned. D45
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • June 15, 2007
    ...on capital of $140,000 to assist her in paying disbursements relating to experts' reports to prepare for trial. In Kirk v. Kirk et al. , 2007 BCSC 67, I denied Mr. Kirk's applications except to permit encroachment on the GIC to the extent of making an advance on capital in the amount of $10......
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15 cases
  • Gill v. Benipal,
    • Canada
    • Court of Appeal (British Columbia)
    • February 8, 2022
    ...granting of a divorce if doing so would prejudice the rights of one of the parties: Mann v. Mann, 2013 BCSC 1726, and Kirk v. Kirk, 2007 BCSC 67.  The onus is on the party asserting prejudice to establish sufficient prejudice to warrant the court declining to exercise its divorce ......
  • Kirk v. Kirk et al., [2007] B.C.T.C. Uned. D45
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • June 15, 2007
    ...on capital of $140,000 to assist her in paying disbursements relating to experts' reports to prepare for trial. In Kirk v. Kirk et al. , 2007 BCSC 67, I denied Mr. Kirk's applications except to permit encroachment on the GIC to the extent of making an advance on capital in the amount of $10......
  • Koivumaki v. Lusan, [2014] B.C.T.C. Uned. 1198
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 30, 2014
    ...or additional financial information, and a change in the means or needs of the payor and payee spouse respectively ( Kirk v. Kirk et al. , 2007 BCSC 67 at para. 60). [12] In this case there was no change. The very change that Mr. Koivumaki relies on is the order which gave rise to a new acc......
  • J.S. v S.K.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 9, 2023
    ...its discretion at common law on whether to grant a divorce. In Mann v. Mann, 2013 BCSC 1726, Justice Blok referred to Kirk v. Kirk, 2007 BCSC 67 in which Justice Arnold-Bailey discussed the relevant principles on the question of the court's discretion available at common law: [20] This......
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2 books & journal articles
  • Child Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...or additional financial information, and a change in the means or needs of the payor and payee spouse respectively (Kirk v. Kirk et al., 2007 BCSC 67 at para. In ordering permanent child support, a trial judge is not bound by a pre-existing order for interim child support.696 An amount paya......
  • Child Support on or after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...or additional financial information, and a change in the means or needs of the payor and payee spouse respectively (Kirk v. Kirk et al., 2007 BCSC 67 at para. In ordering permanent child support, a trial judge is not bound by a preexisting order for interim child support.655 An amount payab......

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