Is a plaintiff entitled to a reduction in the amount of money he received as a result of his purchase of a family home as an "investment"?
British Columbia, Canada
The following excerpt is from With v. With, 1997 CanLII 2757 (BC SC):
The plaintiff referred to his purchase of the house as an "investment". In dealing with the settlement proceeds in the way he did, the plaintiff converted them into a family asset. Following the reasoning in Boel v. Boel (supra), there must be a reapportionment in favour of the plaintiff under S. 51. I would not think it appropriate to encroach on the capital sum in the circumstances of this case. With respect to the home's appreciation in value, however, I think that in "investing" his injury award in a family home, the preservation and maintenance of which required some contribution from the defendant, the plaintiff created a situation requiring some adjustment in the defendant's favour.
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