Online Practice Manuals

Rick v. Brandsema

• 2007 BCCA 217
  • Go to CanLII for full text
• 2007 BCCA 549
  • Go to CanLII for full text
• 2007 CanLII 66744 (SCC)
  • Go to CanLII for full text
• 2008 BCCA 96
  • Go to CanLII for full text
• 2009 SCC 10
  • Go to CanLII for full text

The above case is referenced within:

1. Annotated Family Practice (Current to: March 01 2023)
   • Chapter 5. Family Law Act, S.B.C. 2011, c. 25—Annotated
     • CXXXIX. Setting aside agreements respecting property division [§5.115]
2. British Columbia Business Disputes (Current to: August 01 2016)
   • Chapter 3. Unjust Enrichment
     • VII. Remedies [§3.43]
       • A. Personal Remedies [§3.44]
       • C. Other Proprietary Remedies [§3.46]
         • 2. Rescission [§3.48]
3. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 3. Assessing the Legal Issues in a Family Law File
     • IV. Spousal Support [§3.40]
     • VII. Division of Family Property and Family Debt [§3.62]
       • E. Valuation of Family Property and Family Debt [§3.78]
   • Chapter 5. Working toward Settlement
     • III. Mediating Family Law Cases [§5.15]
       • F. Counsel’s Role in a Family Law Mediation [§5.25]
         • 1. Preparing the Family Law Client for Mediation [§5.26]
           • b. Discussing the Agreement to Mediate [§5.28]
   • Chapter 7. Commencing Proceedings
     • IV. Concurrent Court Jurisdiction in Family Proceedings [§7.24]
       • D. Agreements and Parenting Coordination Determinations [§7.28]
         • 4. Jurisdiction to Set Aside Family Law Agreements Filed in the Supreme Court under the Family Law Act [§7.32]
   • Chapter 10. Obtaining Discovery in a Family Law Proceeding
     • II. Disclosure under Supreme Court Family Rule 5-1 [§10.2]
       • C. Completing the Form F8 Financial Statement [§10.5]
   • Chapter 15. Drafting Supreme Court Orders
     • IV. Form of Supreme Court Family Order [§15.13]
       • B. Special Forms of Order under the Supreme Court Family Rules [§15.15]
         • 5. Production of Documents and Halliday Orders in Family Law Proceedings [§15.20]
   • Chapter 16. Varying Orders and Challenging Family Agreements in Supreme Court
     • VII. Setting Aside Clauses in Agreements [§16.54]
       • B. Setting Aside Spousal Support Clauses [§16.56]
       • D. Setting Aside Agreements Respecting Property Division [§16.58]
       • E. Factors Courts Consider when Setting Aside Family Agreements [§16.59]
         • 1. Applying the Test of Unconscionability to Family Agreements [§16.60]
4. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 7. Post-hearing Matters
     • III. Costs in the Court of Appeal [§7.22]
       • I. Costs of Proceedings Below [§7.46]
5. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 13. Disputes and Proceedings Related to Inter Vivos Transfers
     • II. Disputing the Validity of Inter Vivos Transfers [§13.2]
       • B. Duress [§13.10]
       • D. Unconscionability and Unconscionable Procurement [§13.12]
6. Family Law Agreements: Annotated Precedents (Current to: November 15 2023)
   • Chapter 2. When Courts Will Vary or Set Aside a Family Law Agreement
     • IV. Procedural Fairness in the Formation of Family Law Agreements [§2.16]
       • D. Unconscionability [§2.20]
       • E. Independent Legal Advice [§2.21]
   • Chapter 3. Minutes of Settlement and Consent Orders in Family Law Proceedings
     • III. Incorporating an Agreement in a Court Order [§3.5]
       • A. Advantages of Incorporating Terms in an Order [§3.6]
         • 2. Finality [§3.8]
   • Chapter 6. Introductory Parts and Recitals in Family Law Agreements
     • XVII. Recitals in a Family Law Agreement about Financial Disclosure/Discovery [§6.140]
       • A. Availability of Discovery [§6.141]
7. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 2. Parenting and Care of Children
     • XIX. Appeals from Parenting Orders [§2.85]
   • Chapter 7. Family Law Agreements
     • IV. Setting Aside Agreement for Property and Debt Division [§7.9]
       • A. Defect in the Process of Making a Family Law Agreement [§7.10]
         • 1. Inadequate Disclosure [§7.11]
         • 2. Improper Advantage [§7.12]
         • 4. Common Law Factors Rendering an Agreement Voidable [§7.14]
   • Chapter 9. Discovery and Financial Disclosure in Family Law
     • VII. Consequences of Non-disclosure or Inadequate Disclosure [§9.20]
       • B. Setting Aside an Agreement or Order Due to Non-disclosure in a Family Law Case [§9.22]
         • 1. Setting Aside an Agreement for Non-disclosure [§9.23]
8. Supreme Court Chambers Orders: Annotated (Current to: December 01 2022)
   • Chapter 8. Applications (SCCR Part 8)
     • I. Rule 8-3—Applications for Orders by Consent [§8.1]
       • C. Comments [§8.4]