Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Cases tagged as Property

Cases in 2023

Stokes v Heck, 2023 ABKB 582023

Counsel of Record: Marcus M. Sixta & Camille Boyer 

Case Summary: Despite numerous attempts by the husband to challenge and delay the sale of a jointly-owned recreational property, with which the wife had been solely responsible for, Marcus Sixta and Camille Boyer were able to achieve success and have him found in contempt of court for repeatedly disregarding court orders. Financial penalties were deemed insufficient, leading the court to take the exceptional step of ordering the husband's imprisonment until he complied.

Eckert v Garnham, 2023 BCSC 552023

Counsel of Record: Millad Ossudallah 

Case Summary: In this case revolving around a disputed separation agreement, the claimant represented by Millad Ossudallah was successful in arguing that she was in a vulnerable state when she signed the agreement with her ex-spouse. The court agreed, noting she was in her final trimester of pregnancy, financially unstable, and without legal representation at the time. As a result, the agreement was set aside, leveling the playing field for the client in future legal proceedings.

Cases in 2022

Hergert v Megale, 2022 ABQB 1262022

Counsel of Record: Camille Boyer 

Case Summary: In this case focused on financial disclosure, the applicant wife, represented by Camille Boyer, successfully won an Order for contempt against the respondent husband. Despite a previous court order, the husband failed to provide essential financial information, hindering the division of matrimonial property. The court struck down the husband’s defences, allowing the wife to move forward with summary judgment. This ruling placed the wife in a favourable position for the next steps in her legal journey.

Cases in 2021

J.D. v S.G, 2021 BCSC 5102021

Counsel of Record: Marcus M. Sixta

Case Summary: Marcus Sixta effectively advocated for the claimant wife who had been solely responsible for the mortgage on the family home, despite no longer living in it. Recognizing the significant emotional and financial toll on her and their children, the court authorized the sale of the home without requiring her husband's consent. The husband's claims of financial hardship were scrutinized and dismissed, further justifying the court's decision to alleviate the wife's burden of carrying the mortgage alone.

Cases in 2019

Brien v Brien, 2019 BCSC 3312019

Counsel of Record: Marcus M. Sixta

Case Summary: In this complex case involving multiple companies and family assets, the claimant wife, represented by Marcus Sixta, successfully secured an equal division of family assets. Guided by the BC Family Relations Act, the court ordered that the net proceeds from the sale of one of the companies. and its affiliates, along with the family home, be equally divided between the parties. The court also mandated various financial adjustments to ensure a fair distribution, obligating the husband to cover a portion of the wife's legal fees related to the family law proceedings.