Young v. Sherk, 2019 BCSC 312
Judge | Watchuk |
Court | Supreme Court of British Columbia (Canada) |
Case Date | March 08, 2019 |
Jurisdiction | British Columbia |
Citations | 2019 BCSC 312 |
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4 practice notes
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Reiner v. Reiner,
...2003 SCC 24. The first stage includes an assessment of the procedural and substantive fairness of the agreement: see Young v. Sherk, 2019 BCSC 312 at para. 68; also Gibbons v. Livingston, 2018 BCCA 443 at paras. [14] In assessing procedural fairness......
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S.B.F. v. D.G.F,
...2016 BCSC 1277 at para. 104. Mere emotional difficulty or strain is generally insufficient to establish duress: Young v. Sherk, 2019 BCSC 312 at paras. 84-85; Ferguson v. Ferguson, 2008 BCSC 151 [Ferguson] at para. 55. The elements necessary to prove duress have been describe......
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Azanchi v. Mobrhan-Shafiee, 2019 BCSC 1392
...respondent does not seek a retroactive award in relation to child support. [157] I pause to note the recent decision of Young v. Sherk, 2019 BCSC 312 where Madam Justice Watchuk provided the following caution at para. [116] If setting aside an agreement in part, the court should be cautious......
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Blom v. Blom,
...of the oppressed party. [51] The onus to prove duress lies with the party alleging it, in this case the respondent (Young v. Sherk, 2019 BCSC 312, at para. 84; citing Roberts v. Roberts, 2000 BCSC 611, at para. 32). As well, mere emotional difficulty or strain generally is insufficient to e......
4 cases
-
Reiner v. Reiner,
...2003 SCC 24. The first stage includes an assessment of the procedural and substantive fairness of the agreement: see Young v. Sherk, 2019 BCSC 312 at para. 68; also Gibbons v. Livingston, 2018 BCCA 443 at paras. [14] In assessing procedural fairness......
-
Azanchi v. Mobrhan-Shafiee, 2019 BCSC 1392
...respondent does not seek a retroactive award in relation to child support. [157] I pause to note the recent decision of Young v. Sherk, 2019 BCSC 312 where Madam Justice Watchuk provided the following caution at para. [116] If setting aside an agreement in part, the court should be cautious......
-
S.B.F. v. D.G.F,
...2016 BCSC 1277 at para. 104. Mere emotional difficulty or strain is generally insufficient to establish duress: Young v. Sherk, 2019 BCSC 312 at paras. 84-85; Ferguson v. Ferguson, 2008 BCSC 151 [Ferguson] at para. 55. The elements necessary to prove duress have been describe......
-
Blom v. Blom,
...of the oppressed party. [51] The onus to prove duress lies with the party alleging it, in this case the respondent (Young v. Sherk, 2019 BCSC 312, at para. 84; citing Roberts v. Roberts, 2000 BCSC 611, at para. 32). As well, mere emotional difficulty or strain generally is insufficient to e......