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

August 3, 2016
Supreme Court of British Columbia

11-1523
Application to set aside vesting order dismissed
October 25, 2016
Court of Appeal for British Columbia (Victoria)

2016 BCCA 425, CA43108, CA43909
Appeals dismissed