October 14th, 2016

Further to CFMR family lawyer Melinda Voros’s article reviewing the case, V.J.F. v. S.K.W., 2016 BCCA 186, which deals with the issue of the loss of exclusions and the rebuttable presumption of a gift in Family law, it was announced on October 13, 2016 that the Supreme Court of Canada, Canada’s highest appeals court, has dismissed the application for leave to appeal the case.  As such, the B.C. Court of Appeal ruling as set out in V.J.F. v. S.K.W., 2016 BCCA 186 is the last word on this issue.  It will still be up to each Judge in each case to review the particular facts before the court and to decide whether or not there is enough evidence to rebut the presumption of a gift and/or whether there should be unequal division of the asset for other reasons such as substantial unfairness.

Melinda Voros outlines the BC Court of Appeal’s findings and her own conclusions in her detailed  Case Comment on V.J.F. v. S.K.W., 2016 B.C.C.A. 186, April 28, 2016

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