Case information
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31704
Wayne Stein v. Malka Stein
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-11-20 | Appeal closed | |
| 2008-11-19 | Certificate of taxation issued to, Brian A. Crane | |
| 2008-11-18 | Decision on the bill of costs, in the amount of $9,797.13, Reg | |
| 2008-11-17 | Submission of the bill of costs, Reg | |
| 2008-10-17 |
Reply to the bill of costs, cc. to Susan G. Label , Completed on: 2008-10-17 |
Wayne Stein |
| 2008-10-03 | Response to the bill of costs, Completed on: 2008-10-03 | Malka Stein |
| 2008-09-29 | Bill of costs, Completed on: 2008-11-20 | Wayne Stein |
| 2008-06-16 | Appeal closed | |
| 2008-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-06-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-06-12 |
Judgment on the appeal rendered, CJ Ba LeB De F Abe Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033118, 2006 BCCA 391, dated September 7, 2006, heard on February 1, 2008, is allowed with costs in this Court. The trial judge’s order that parties shall share equally in any liability related to the reassessment or winding-up of all tax shelters, with the caveat that this division will be net of any revenue realized in respect of these instruments, should be restored. Abella J. is dissenting. Allowed, with costs |
|
| 2008-02-20 | Transcript received, (62 pages) | |
| 2008-02-01 | Judgment reserved OR rendered with reasons to follow | |
| 2008-02-01 | Respondent's condensed book, submitted in Court (14 copies) | Malka Stein |
| 2008-02-01 | Appellant's condensed book, submitted in Court (14 copies) | Wayne Stein |
| 2008-02-01 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-02-01 |
Hearing of the appeal, 2008-02-01, CJ Ba LeB De F Abe Ro Judgment reserved |
|
| 2008-01-15 | Notice of appearance, Susan G. Label & Marie-France Major will be present at the hearing | Malka Stein |
| 2008-01-15 | Notice of appearance, Georgialee A. Lang & Benjamin J. Ingram will be present at the hearing | Wayne Stein |
| 2007-12-04 | Notice of hearing sent to parties | |
| 2007-12-04 |
Appeal hearing scheduled, 2008-02-01 Judgment reserved |
|
| 2007-08-24 | Appeal perfected for hearing | |
| 2007-08-20 | Respondent's book of authorities, Completed on: 2007-08-20 | Malka Stein |
| 2007-08-20 | Respondent's record, Completed on: 2007-08-20 | Malka Stein |
| 2007-08-20 | Respondent's factum, Completed on: 2007-08-20 | Malka Stein |
| 2007-06-26 | Appellant's book of authorities, Completed on: 2007-06-26 | Wayne Stein |
| 2007-06-26 | Appellant's factum, Completed on: 2007-06-26 | Wayne Stein |
| 2007-06-20 | Appellant's record, (Vol. I to III - service rec'd June 26/07), Completed on: 2007-06-27 | Wayne Stein |
| 2007-04-17 | Notice of deposit for security, ($10.00 receipt # 5140) | Wayne Stein |
| 2007-04-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-04-05 | Notice of appeal, Completed on: 2007-04-11 | Wayne Stein |
| 2007-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-03-30 | Judgment on leave sent to the parties | |
| 2007-03-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033118, 2006 BCCA 391, dated September 7, 2006, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2007-01-22 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-11-29 | Correspondence received from, Ms. Major, to replace page 5 of respondent's response | Malka Stein |
| 2006-11-27 | Respondent's response on the application for leave to appeal, Page 5 replaced in all response books, Completed on: 2006-11-27 | Malka Stein |
| 2006-11-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-11-02 | Application for leave to appeal, A/C Order missing - Rec'd Jan 17/07, Completed on: 2007-01-17 | Wayne Stein |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Stein, Wayne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stein, Malka | Respondent | Active |
Counsel
Party: Stein, Wayne
Counsel
Benjamin J. Ingram
1201 - 808 Nelson Street
P.O. Box 12163
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 669-7080
FAX: (604) 669-2038
Email: glang@georgialeelang.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Stein, Malka
Counsel
Vancouver, British Columbia
V6X 3Z5
Telephone: (604) 273-6448
FAX: (604) 273-6998
Email: susan.label@shawcable.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Family law - Family assets - Divorce - Support - Issue of whether contingent future liabilities arising from tax shelters should be factored into division of assets - Does Part 5 of the Family Relations Act, R.S.B.C. 1996, c. 128 (“FRA”) preclude the distribution of contingent family debt between spouses - Does Part 5 of the FRA contemplate a final resolution of all property issues at trial or can orders be made which distribute certain family property or divide contingent family debt in the future.
Among the issues in a divorce action was whether contingent future debt relating to uncertain liabilities from motion picture tax shelters arranged by the husband during the marriage should be taken into account in the division of assets. The trial judge adopted an “if and when” approach and ordered that the spouses should share the contingent future debts equally since they both benefited from the increased income resulting from the tax shelters. The Court of Appeal reversed this, finding no authority under the FRA for the court to create a freestanding obligation between parties for a debt that may accrue in future, long after the division of assets is completed.
Lower court rulings
Supreme Court of British Columbia
E031966, 2005 BCSC 939
Divorce granted; Joint custody and order for child support and spousal support granted; Order for division of family assets, with equal sharing of any liability related to the reassessment or winding up of all tax shelters
Court of Appeal for British Columbia (Vancouver)
CA033118, 2006 BCCA 391
Appeal allowed from order apportioning future liabilities and from spousal support order; Motion to introduce fresh evidence dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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