N.K. v. M.H., 2020 BCCA 121

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Newbury,The Honourable Mr. Justice Abrioux,The Honourable Mr. Justice Grauer
Citation2020 BCCA 121
Date30 April 2020
CourtCourt of Appeal (British Columbia)
Docket NumberCA45389
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6 practice notes
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • 25 Julio 2022
    ...12.6.3, online: www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/pdf/SSAG_eng.pdf. See also MacQuarrie v MacQuarrie, 2012 PECA 3. 420 2020 BCCA 121 at para 421 RSC 1985, c 1 (5th Supp). Chapter 8: Spousal Support on or After Divorce order for periodic spousal support to go back one prio......
  • O.C. v. M.V.S.G.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Enero 2021
    ...are clear in emphasizing that each case is unique and must be determined on its own facts. [72] M.V.S.G. relies on N.K. v. M.H., 2020 BCCA 121 as an example of a case, said to be similar to this one, in which a lump sum award was upheld on appeal. In that case, the payor was 68 at the time ......
  • Sea v. He,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 13 Diciembre 2022
    ...where a request is made for lump-sum support are described in Parton v. Parton, 2018 BCCA 273, at paras. 47-48, and N.K. v. M.H., 2020 BCCA 121, at para. 66.  One of the considerations is whether the payor has insufficient income to pay spousal support on an ongoing basis.  That i......
  • L.A.M v. F.B.M.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 14 Diciembre 2022
    ...sought by the respondent are s. 95(2)(c) and (i). [217]    There is little law regarding s. 95(2)(c). In N.K. v. M.H., 2020 BCCA 121, the Court provided the following comments with respect to a trial judge’s decision to apply the [95]      ......
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5 cases
  • O.C. v. M.V.S.G.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Enero 2021
    ...are clear in emphasizing that each case is unique and must be determined on its own facts. [72] M.V.S.G. relies on N.K. v. M.H., 2020 BCCA 121 as an example of a case, said to be similar to this one, in which a lump sum award was upheld on appeal. In that case, the payor was 68 at the time ......
  • Sea v. He,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 13 Diciembre 2022
    ...where a request is made for lump-sum support are described in Parton v. Parton, 2018 BCCA 273, at paras. 47-48, and N.K. v. M.H., 2020 BCCA 121, at para. 66.  One of the considerations is whether the payor has insufficient income to pay spousal support on an ongoing basis.  That i......
  • L.A.M v. F.B.M.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 14 Diciembre 2022
    ...sought by the respondent are s. 95(2)(c) and (i). [217]    There is little law regarding s. 95(2)(c). In N.K. v. M.H., 2020 BCCA 121, the Court provided the following comments with respect to a trial judge’s decision to apply the [95]      ......
  • Prasad v. Prasad,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 11 Marzo 2021
    ...FLA, each spouse is entitled to a presumptive one-half interest in each family asset as a tenant in common upon separation: N.K. v. M.H., 2020 BCCA 121 at para. 80. Generally, the value of the family property must be based on its fair market value as of the date of trial:  FLA, s. 87. ......
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1 books & journal articles
  • Spousal Support on or After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • 25 Julio 2022
    ...12.6.3, online: www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/pdf/SSAG_eng.pdf. See also MacQuarrie v MacQuarrie, 2012 PECA 3. 420 2020 BCCA 121 at para 421 RSC 1985, c 1 (5th Supp). Chapter 8: Spousal Support on or After Divorce order for periodic spousal support to go back one prio......

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