What is the test for using a valuation date other than the trial date?
British Columbia, Canada
The following excerpt is from Stevens v Stevens, 2019 BCSC 596 (CanLII):
In Kumagai v. Campbell Estate, 2018 BCCA 24, D. Smith J.A. held that using a valuation date other than the trial date constitutes a reapportionment. Therefore, it must be demonstrated that it would be significantly unfair to use the trial date:
"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
Is there any case law where the trial judge used the same language as it used at bar as it did at trial? (British Columbia, Canada)
Is there any case law where a plaintiff has used the trial date of October 13, 1992 for the base calculation of future earning capacity damages? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
What is the appropriate date to use a date of hearing in a family law case? (British Columbia, Canada)
How have real property been valued at the date of trial rather than at trial? (British Columbia, Canada)
In dealing with an application to change the venue of a trial, can the court change the date or venue of the trial? (British Columbia, Canada)
What is the meaning of the term “ original position” used by the trial judge at trial? (British Columbia, Canada)
What is the test for setting a trial date for adding a party to the trial? (British Columbia, Canada)
What is the balance of convenience between the date of trial and the location of the trial? (British Columbia, Canada)
Does the valuation date in cases involving termination of a shareholder's employment should be the termination date? (British Columbia, Canada)
