Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40156
Wayne Banh v. Amber Danica Melvie Chrysler
(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) |
|---|---|---|
| 2024-05-29 | Close file on Leave | |
| 2024-05-29 | Correspondence (sent by the Court) to, the parties; RE: Certificate of Taxation | |
| 2024-05-29 | Certificate of taxation issued to, Amber Danica Melvie Chrysler | |
| 2024-05-29 | Decision on the bill of costs, in the amount of $1,275,81 Registrar Carbonneau | |
| 2024-05-29 | Submission of the bill of costs, Registrar Carbonneau | |
| 2024-01-09 | Reply to the bill of costs, Completed on: 2024-05-14 | Amber Danica Melvie Chrysler |
| 2023-12-11 | Response to the bill of costs, Completed on: 2024-05-14 | Wayne Banh |
| 2023-10-12 |
Motion to extend time, (Book Form), Notice of Taxation and Bill of Costs Missing: Proof of Service, Completed on: 2024-01-09 |
Amber Danica Melvie Chrysler |
| 2023-10-12 | Bill of costs, (Book Form), Missing: Proof of Service (rec' 12/05/23), Completed on: 2023-12-07, (Printed version due on 2023-10-19) | Amber Danica Melvie Chrysler |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
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 CA47053, 2022 BCCA 74, dated February 23, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-12-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-15) | Wayne Banh |
| 2022-08-02 | Certificate (on limitations to public access), 23A | Amber Danica Melvie Chrysler |
| 2022-08-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-05, (Printed version filed on 2022-08-02) | Amber Danica Melvie Chrysler |
| 2022-06-09 |
Correspondence received from, (Letter Form), Court Order Form rec'd estimate as to when court order will be filed: 2022-06-30, (Printed version due on 2022-06-16) |
Wayne Banh |
| 2022-06-01 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-06-01 | |
| 2022-04-22 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-29) | Wayne Banh |
| 2022-04-22 |
Application for leave to appeal, (Book Form), require: - CA Order (rec'd 2022-07-13), Completed on: 2022-08-05, (Printed version due on 2022-04-29) |
Wayne Banh |
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 |
|---|---|---|
| Banh, Wayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chrysler, Amber Danica Melvie | Respondent | Active |
Counsel
Party: Banh, Wayne
Counsel
Ari Wormeli
Megan McKay
1122 Mainland Street, #410
Vancouver, British Columbia
V6B 5L1
Telephone: (604) 974-9529
FAX: (604) 974-9527
Email: leena@ylaw.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Chrysler, Amber Danica Melvie
Counsel
303 - 6321 King George Blvd.
Surrey, British Columbia
V3X 1G1
Telephone: (778) 395-6200
FAX: (778) 395-6226
Email: pcote@coteevans.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Family law — Divorce — Family assets — Marriage of short duration — Applicant owning three rental properties prior to marriage that significantly increased in value between the date of separation and the date of trial — Whether increase in value of excluded property from date of marriage should be measured at the date of trial or the date of separation
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.
The parties were married in August 2014 and separated two years later. At the time of marriage, Mr. Banh was the owner of three rental properties located on Vancouver Island while Ms. Chrysler owned a condominium in Surrey, British Columbia. The couple had one son together, who was born in June 2016. Parenting time, child support, spousal support, division of property and valuation dates were all in issue at trial, which took place three and a half years after the parties separated. The main issue between the parties was whether their assets should be presumptively valued at the date of trial. The judge ordered that the valuation of the excluded real property assets of each party should be calculated at the date of separation. This decision was overturned on appeal. The proper date for calculating the value of the growth in value of the assets was the date of trial.
Lower court rulings
Supreme Court of British Columbia
E54644
Orders for joint custody and parenting time, child support, spousal support and division of property. Regarding the increase in value of excluded property, valuation date should be the date of separation and not date of trial.
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 74, CA47053
Respondent’s appeal allowed — excluded property to be valued at date of trial.
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available