What is the effect of excessive drinking on the division of property under s. 51 of the Family Relations Act?

British Columbia, Canada


The following excerpt is from Currie v. Currie, 1997 CanLII 2913 (BC SC):

Mr. Justice Scarth, after a careful review of previous authorities, found in Forslund v. Forslund (1991), 1991 CanLII 12888 (BC SC), 36 R.F.L. (3d) 20 at p. 30: I conclude, on the basis of these authorities, that in relating the evidence to the factors set out in s. 51 of the Family Relations Act, the court may consider the financial consequences of a party's excessive drinking upon the "acquisition, preservation, maintenance, improvement or use of (the) property" (s. 51(f)). In other words, the court is not at liberty to examine the conduct of a party in relation to his or her drinking in order to determine whether an equal division of the property is unfair. Where, however, the evidence establishes a gross disparity in the respective contributions of the parties to the acquisition, preservation, maintenance, improvement, or use of the property, either as the result of the failure of a party to contribute or the dissipation by a party of assets, the court may conclude an unequal division of property is justified.

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