Vancouver Family Law Appeals Lawyers
BC Family Law Appeals lawyer Lorne MacLean, Q.C. just helped a client succeed on a complex family property and spousal support appeal before BC’s highest court. The award nearly triples spousal support and for the first time in Canada an appellate court decided a stockbroker’s book of business was divisible family property.
Our client was very pleased with the result and sent us her thanks:
“I wanted to give up, but I was told you were the only person who Appeals Lawyers
BC Family Law Appeals lawyer Lorne MacLean, Q.C. just helped a client succeed on a complex family property and spousal support appeal before BC’s highest court. The award nearly triples spousal support and for the first time in Canada an appellate court decided a stockbroker’s book of business was divisible family property.
Our client was very pleased with the result and sent us her thanks:
“I wanted to give up, but I was told you were the only person who might be able to help fix this mess. This has now been confirmed. So thank you for being that person.”
Summary: Support Increased and Book of Business Is A Family Asset
In this divorce proceeding, it was determined that a husband’s book of business was not a family asset available for division. A contingent liability arising from the respondent’s business as an investment advisor was, however, considered to be a family debt and attributed in part to the wife. Spousal and child support were awarded to the wife in amounts of $1,100 and $2,500 per month, respectively. On appeal the wife argued the husband’s book of business ought to be considered a family asset available for division, in the alternative, that she should not be held liable for his business debt, and that spousal and child support were incorrectly calculated.Held: appeal allowed. The trial judge erred in not considering the respondent’s book of business to be a family asset available for division; the family assets, including the business and the related contingent liability are to be divided equally. Further, the trial judge erred in determining the appellant’s income, and thus erred in determining the appropriate amounts of child support and spousal support. The awards for spousal and child support are to be increased to $3,095 and $2,734, respectively. Held: (Saunders J.A. dissenting. Full Reasons here
If you have a complex family law matter or appeal contact Lorne MacLean, Q.C. without delay at 604 602 9000.
We might be able to help fix this mess. This has now been confirmed. So thank you for being that person.”
Summary: Support Increased and Book of Business Is A Family Asset