Online Practice Manuals

Berthin v. Berthin

• 2015 BCSC 78
  • Go to CanLII for full text
• 2016 BCCA 104
  • Go to CanLII for full text
• 2016 BCCA 425
  • Go to CanLII for full text
• 2017 BCCA 178
  • Go to CanLII for full text
• 2017 CanLII 12226 (SCC)
  • Go to CanLII for full text
• 2018 BCCA 57
  • Go to CanLII for full text
• 2018 BCCA 177
  • Go to CanLII for full text
• 2020 BCCA 376 (Chambers)
  • Go to CanLII for full text

The above case is referenced within:

1. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 3. Assessing the Legal Issues in a Family Law File
     • VIII. Contract Law Applied to Family Agreements [§3.79]
   • Chapter 13. Obtaining Court-ordered Costs in a Family Law Case
     • I. Supreme Court Costs in a Family Law Case [§13.1]
       • C. Types of Cost Orders under the Supreme Court Family Rules [§13.10]
         • 3. Special Costs in a Family Law Case [§13.13]
   • Chapter 16. Varying Orders and Challenging Family Agreements in Supreme Court
     • VII. Setting Aside Clauses in Agreements [§16.54]
       • E. Factors Courts Consider when Setting Aside Family Agreements [§16.59]
         • 2. Applying the Defence of Mistake to Family Agreements [§16.61]
         • 3. Uncertainty Rendering a Family Agreement Void [§16.62]
   • Chapter 18. Conducting Appeals of Supreme Court Orders in a Family Law Proceeding
     • III. Family Law Appeal to the Court of Appeal [§18.13]
       • J. Interlocutory Applications in the Court of Appeal [§18.40]
         • 8. Procedure for Interim Applications to the Court of Appeal [§18.48]
         • 10. Review of Interim Order under the Court of Appeal Rules [§18.50]
2. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 1. Jurisdiction of the Court of Appeal
     • VI. Right to Appeal to the Court of Appeal [§1.10]
       • G. Effect of Enforcing Judgment Below [§1.26]
   • Chapter 5. Relief Pending Appeal
     • IX. Summary Dismissal Orders [§5.46]
       • B. Limits on the Powers of a Single Justice [§5.48]
3. 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]
       • A. Introduction to Procedural Fairness Principles [§2.17]
     • V. Performance and Remedies for Breach [§2.24]
       • B. Fundamental Breach and Repudiation [§2.26]
   • Chapter 3. Minutes of Settlement and Consent Orders in Family Law Proceedings
     • II. Considerations When Using Minutes of Settlement Instead of a Complete Agreement [§3.2]
       • B. Essential Terms and Drafting Considerations [§3.4]
     • V. Pursuing a Court Order Instead of Enforcing an Agreement [§3.18]
       • B. Res Judicata [§3.22]
4. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 7. Family Law Agreements
     • I. Principles of Contract Law and Family Law Agreements [§7.1]
     • IV. Setting Aside Agreement for Property and Debt Division [§7.9]
       • A. Defect in the Process of Making a Family Law Agreement [§7.10]
         • 4. Common Law Factors Rendering an Agreement Voidable [§7.14]
           • a. Mistake [§7.15]
           • b. Fundamental Breach [§7.16]
   • Chapter 8. Injunctive Relief in Family Law
     • V. Possession and Use of Property in Family Law Cases [§8.24]
       • B. Interim Distribution or Sale of Property in Family Law Cases [§8.37]
         • 1. Interim Distribution or Order for Sale [§8.38]
   • Chapter 12. Costs in Family Law
     • VI. Types of Supreme Court Orders for Costs in Family Law Cases [§12.14]
       • B. Special Costs in Family Law Cases [§12.16]
5. Injunctions: British Columbia Law and Practice (Current to: April 01 2022)
   • Chapter 6. Injunctive Relief in Family Law
     • V. Possession and Use of Property in Family Law Cases [§6.27]
       • B. Interim Distribution or Sale of Property in Family Law Cases [§6.41]
         • 1. Interim Distribution or Order for Sale [§6.42]
6. Land Title Practice Manual (Current to: August 01 2023)
   • Chapter 15. Land Title Act Part 14 (ss. 197 to 237) —Charges
     • II. Legislation and Commentary [§15.2]
       • V. 215 Registration of certificate of pending litigation in same manner as charge [§15.21]
   • Chapter 17. Land Title Act Part 16 (ss. 241 to 259) —Cancellation of Charges
     • II. Legislation and Commentary [§17.2]
       • Q. 257 Power of court to order cancellation [§17.19]
   • Chapter 23. Land Title Act Part 21 (ss. 308 to 314) —Appeals
     • II. Legislation and Overview [§23.2]
       • C. 310 Preservation of applications [§23.5]
   • Chapter 50. Law and Equity Act, R.S.B.C. 1996, c. 253
     • II. Legislation and Commentary [§50.2]
       • G. 37 Vesting orders [§50.9]