What is the test for relying on ss. 160-162 of the Family Law Act, S.B.C. 2011, c. 25 [Family Law Act)?
British Columbia, Canada
The following excerpt is from Sedaghat-Sharifabady v Kavosian-Sharifabadi, 2022 BCSC 339 (CanLII):
The claimant also relies on ss. 160-162 of the Family Law Act, S.B.C. 2011, c. 25 [FLA]. As noted by Griffin J.A. in Zilic v. Zilic, 2021 BCCA 107 at para. 21, these sections largely overlap with those in the DA; the conceptual bases underlying both statutes are the same.
The case law fleshes out the bases on which entitlement may be established. These were summarized in Zacharias v. Zacharias, 2015 BCCA 376 at paras. 25-27:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
What is the testator's family maintenance under the Testator's Family Maintenance Act? (British Columbia, Canada)
Is there an apt situation to find that Class F shares are family assets on the basis of s. 58(3)(a)(i) of the Family Law Act? (British Columbia, Canada)
What is the current state of the law on s. 15(1) of the BC Family Law Act, allowing the court to order an investigation into a family matter? (British Columbia, Canada)
Can a spouse encumber a former family residence to facilitate an order pursuant to s. 89 of the Family Law Act? (British Columbia, Canada)
How have the courts dealt with a claim for a breach of section 213 of the Family Relations Act? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
What is the test for a court to consider good faith and the best interests of the child in the context of s. 46(2)(a) of the Family Law Act? (British Columbia, Canada)
In what cases have the courts restrained a lawyer from acting where the lawyer has previously acted jointly for another lawyer? (British Columbia, Canada)
How have courts in BC dealt with unequal division of the family home under s. 65(1) of the Divorce Act? (British Columbia, Canada)
