Summary
37338
Wayne Berthin v. Helen Berthin, et al.
(British Columbia) (Civil) (By Leave)
Keywords
None.
Summary
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Family law – Division of property – Sale of matrimonial home ordered – Order approving sale of home and vesting property in purchasers issued – Trial judgment ordering sale of matrimonial home subsequently overturned – Whether vesting order should have been set aside.
In family law proceedings (the “trial decision”) between Mr. Berthin, applicant, and the respondent Ms. Berthin, a judge ordered the sale of their matrimonial home. The property was ultimately sold to the Sherrod respondents, but when Mr. Berthin refused to sign the property transfer documents, Ms. Berthin obtained from a Master of the Supreme Court of British Columbia a vesting order putting the property in the Sherrods’ names. Mr. Berthin’s appeal from the vesting order was dismissed. The Court of Appeal subsequently overturned the trial decision which prompted Mr. Berthin to bring an application in the Supreme Court of British Columbia to have the vesting order set aside. The chambers judge refused to grant the application. Mr. Berthin appealed both the appeal and the application decisions refusing to overturn the vesting order, but was not successful.
Lower Court Rulings
Supreme Court of British Columbia
11-1523
Court of Appeal for British Columbia (Victoria)
2016 BCCA 425, CA43108, CA43909
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