White v. White, [2003] B.C.T.C. 522 (SC)
| Judge | Preston, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | May 02, 2002 |
| Jurisdiction | British Columbia |
| Citations | [2003] B.C.T.C. 522 (SC);2003 BCSC 522 |
White v. White, [2003] B.C.T.C. 522 (SC)
MLB headnote and full text
Temp. Cite: [2003] B.C.T.C. TBEd. AP.076
Kenton Rodney White (plaintiff) v. Susan Ann White (defendant)
(E006481; 2003 BCSC 522)
Indexed As: White v. White
British Columbia Supreme Court
New Westminster
Preston, J.
April 4, 2003.
Summary:
This headnote contains no summary.
Damage Awards - Topic 628
Torts/Quebec responsibility - Injury to the person - Assault and battery - See paragraphs 74 to 86.
Family Law - Topic 875
Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exceptions (incl. judicial reapportionment) - See paragraphs 96 to 100.
Family Law - Topic 4022.1
Divorce - Corollary relief - Maintenance awards - Awards - To spouse - Extent of obligation - See paragraphs 101 to 137.
Family Law - Topic 4176
Divorce - Practice - Costs - Party and party costs - See paragraphs 138 to 142.
Cases Noticed:
Wandich v. Viele, [2002] O.T.C. 2; 24 R.F.L.(5th) 427 (Sup. Ct.), refd to. [para. 76].
Megeval v. Megeval, [1997] B.C.T.C. Uned. F72 (S.C.), refd to. [para. 76].
Smigelski v. Kowalsky (1999), 246 A.R. 60 (Q.B.), refd to. [para. 76].
Surgeoner v. Surgeoner, [1993] O.J. No. 2940 (Gen. Div.), refd to. [para. 76].
Dhaliwal v. Dhaliwal, [1997] O.J. No. 5964 (Gen. Div.), refd to. [para. 76].
Pidduck v. Pidduck, [1987] O.J. No. 1284 (S.C.), refd to. [para. 76].
Valenti v. Valenti, [1996] O.J. No. 522 (Gen. Div.), refd to. [para. 78].
Blackett v. Blackett (1989), 22 R.F.L.(3d) 337 (B.C.C.A.), refd to. [para. 89].
Newson v. Newson (1986), 2 R.F.L.(3d) 137 (B.C.C.A.), refd to. [para. 90].
Newham v. Newham (1993), 35 B.C.A.C. 186; 57 W.A.C. 186; 50 R.F.L.(3d) 49 (C.A.), refd to. [para. 91].
Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 101].
Gold v. Gold (1994), 32 B.C.A.C. 287; 53 W.A.C. 287; 49 R.F.L.(3d) 56 (C.A.), refd to. [para. 140].
Statutes Noticed:
Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15.2(4) [para. 123].
Family Relations Act, R.S.B.C. 1996, c. 128, sect. 65(1) [para. 95]; sect. 66(1), sect. 66(2)(a), sect. 66(2)(c) [para. 88].
Counsel:
S.J. Henshaw, for the plaintiff;
S.A. White on her own behalf.
This case was heard at Vancouver, British Columbia, on April 15 to May 2, 2002 and February 17-28, 2003, before Preston, J., of the British Columbia Supreme Court, who delivered the following decision on April 4, 2003.
Please note: The following judgment has not been edited.
To continue reading
Request your trial
-
Costantini v. Costantini, 2013 ONSC 1626
...60 O.R. (3d) 474 (Ont. C.A.)). Mr. Danicic has pursued a relentless campaign of harassment against the Applicant. [42] In White v. White 2003 BCSC 522 the parties had been married for 33 years. The wife displayed a pattern of physical and verbal abuse toward the husband. He reacted by break......
-
White v. White, 2006 BCCA 89
...of Mr. White on the same basis that they had been awarded in his favour by Mr. Justice Preston at trial. In his reasons for judgment (2003 BCSC 522) Mr. Justice Preston said this at paras. 138-142: "[138] The pre-trial proceedings in this matter were protracted and difficult. The trial......
-
Dhillon v. Gaba, [2014] B.C.T.C. Uned. 1474
...478: Total damages $19,000; Valenti v. Valenti , [1996] O.J. No. 522 (Ont. Ct. J. (Gen. Div.)): Total damages $15,000; K.R.W. v. S.A.W. , 2003 BCSC 522: Total damages $10,000 ; Wandich v. Viele (2002) 24 R.F.L. (5th) 427 (Ont. S.C.J.): Total damages $5,000 ; R.Y.W. v. D.W.W. , 2013 BCSC 472......
-
Hildebrant v. Hildebrant, [2014] B.C.T.C. Uned. 1189 (SC)
...level of tort and may not simply be evidence of a dysfunctional relationship. Hill v. Kilbrei [2005] 11 W.W.R. 1. [36] In K.R.W. v. S.A.W 2003 BCSC 522, Preston J. of this court dealt with a battery that was more integrated into the family assets and support analysis than is the case in thi......
-
Costantini v. Costantini, 2013 ONSC 1626
...60 O.R. (3d) 474 (Ont. C.A.)). Mr. Danicic has pursued a relentless campaign of harassment against the Applicant. [42] In White v. White 2003 BCSC 522 the parties had been married for 33 years. The wife displayed a pattern of physical and verbal abuse toward the husband. He reacted by break......
-
Dhillon v. Gaba, [2014] B.C.T.C. Uned. 1474
...478: Total damages $19,000; Valenti v. Valenti , [1996] O.J. No. 522 (Ont. Ct. J. (Gen. Div.)): Total damages $15,000; K.R.W. v. S.A.W. , 2003 BCSC 522: Total damages $10,000 ; Wandich v. Viele (2002) 24 R.F.L. (5th) 427 (Ont. S.C.J.): Total damages $5,000 ; R.Y.W. v. D.W.W. , 2013 BCSC 472......
-
White v. White, 2006 BCCA 89
...of Mr. White on the same basis that they had been awarded in his favour by Mr. Justice Preston at trial. In his reasons for judgment (2003 BCSC 522) Mr. Justice Preston said this at paras. 138-142: "[138] The pre-trial proceedings in this matter were protracted and difficult. The trial......
-
Hildebrant v. Hildebrant, [2014] B.C.T.C. Uned. 1189 (SC)
...level of tort and may not simply be evidence of a dysfunctional relationship. Hill v. Kilbrei [2005] 11 W.W.R. 1. [36] In K.R.W. v. S.A.W 2003 BCSC 522, Preston J. of this court dealt with a battery that was more integrated into the family assets and support analysis than is the case in thi......