Online Practice Manuals

Jaszczewska v. Kostanski

• 2015 BCSC 727
  • Go to CanLII for full text
• 2015 BCSC 1839
  • Go to CanLII for full text
• 2016 BCCA 286
  • 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
     • CXXXI. Valuing family property and family debt [§5.109]
     • CXLI. Unequal division by order [§5.117]
2. British Columbia Estate Planning and Wealth Preservation (Current to: February 15 2023)
   • Chapter 7. Protecting the Estate Plan Against Challenges
     • III. Estate Planning and Family Law [§7.20]
       • A. Family Law Principles Relevant to Estate Planners [§7.21]
         • 2. Family Law Act Considerations in Estate Planning [§7.23]
           • e. Division of Family Property [§7.28]
       • B. Techniques to Protect Assets from Potential Claims under the Family Law Act [§7.33]
         • 1. Protecting Assets by Spousal Agreements [§7.34]
3. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 3. Assessing the Legal Issues in a Family Law File
     • VII. Division of Family Property and Family Debt [§3.62]
       • C. Relief Against Equal Property Division and Allocation of Family Debt [§3.70]
   • Chapter 6. Recording a Settlement in a Family Law Case
     • V. Typical Provisions in a Family Law Agreement [§6.9]
       • H. Provisions Determining and Dividing Family Property and Debt [§6.30]
         • 2. Information Required for Property and Debt Provisions [§6.32]
           • b. Debt [§6.34]
   • Chapter 10. Obtaining Discovery in a Family Law Proceeding
     • II. Disclosure under Supreme Court Family Rule 5-1 [§10.2]
   • 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]
4. British Columbia Strata Property Practice Manual (Current to: January 01 2024)
   • Chapter 23. Fundamental Changes to the Strata Plan
     • IV. Winding Up a Strata Corporation [§23.27]
       • B. Voluntary Winding Up with Liquidator [§23.29]
5. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 3. Issues of Spousal Status in Estate Disputes
     • II. Proving or Disproving Spousal Status in Estate Disputes [§3.8]
       • D. When Spousal Status Ends [§3.14]
         • 1. Cessation of Spousal Status under the WESA [§3.15]
6. Family Law Agreements: Annotated Precedents (Current to: November 15 2023)
   • Chapter 2. When Courts Will Vary or Set Aside a Family Law Agreement
     • II. Jurisdiction to Intervene in Family Law Agreements [§2.2]
       • C. Agreements about Property and Other Rights [§2.5]
         • 1. Agreements under Section 93 [§2.6]
   • Chapter 16. Clauses for Cohabitation and Marriage Agreements
     • VIII. Purpose of a Cohabitation or Marriage Agreement [§16.25]
       • A. Sample Recital: Purpose of a Cohabitation or Marriage Agreement [§16.26]
     • XV. Property in a Cohabitation or Marriage Agreement [§16.61]
       • C. Business Assets [§16.64]
7. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 4. Property under the Family Law Act
     • V. Separation, Reconciliation, and Equal Entitlement to Family Property and Responsibility for Debt [§4.7]
     • VII. Classification of Family Property and Debt under the Family Law Act [§4.9]
       • C. Excluded Property [§4.12]
         • 1. Categories of Excluded Property [§4.13]
           • f. Tracing [§4.19]
     • VIII. Valuation of Property and Debt under the Family Law Act [§4.27]
     • X. Unequal Division of Family Property under the Family Law Act [§4.29]
       • A. Threshold for Significant Unfairness [§4.30]
       • B. Considerations for Unequal Division in Section 95(2) [§4.31]
         • 3. Section 95(2) (c) —Contribution to Career [§4.34]
         • 5. Section 95(2) (f) —Significant Increase or Decrease in Value Post-separation [§4.36]
         • 7. Section 95(2) (h) —Tax Liability that may be Incurred [§4.38]
         • 8. Section 95(2) (i) —Other Factors [§4.39]
           • c. Relative Contributions of the Spouses [§4.42]
     • XII. Giving Effect to Property Division under the Family Law Act [§4.47]