Court Finds ICBC Settlement "Not a Family Asset" in Divorce Proceedings

Written by admin on . Posted in Uncategorized.


While there is no ‘one size fits all‘ answer to the question of whether a personal injury settlement is a family asset in divorce proceedings, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, highlighting circumstances where it is not.
In this week’s case (Shen v. Tong) the parties ‘lived in a marriage-like relationship‘ since 2004 and were married in 2008.  In 2004 the Respondent was injured in a collision and she subsequently settled her ICBC claim in 2006.  The funds were invested and still available at the time of the Divorce and the Claimant sought an order declaring this money as a family asset.  Madam Justice Stromberg-Stein refused and provided the following reasons:
[40]         Ms. Tong’s position is her ICBC settlement is not a family asset.  It was largely for general damages and of the $13,564 for past wage, about half this time was before their relationship started.  Ms. Tong invested the settlement proceeds and never used them for a family purpose.  She maintained she wanted to save the award for her recovery but she did not have to use it for that purpose as she had Mr. Shen’s benefits.  She sent the invested proceeds, now $60,000, to her parents in China in January 2012.
[41]         The ICBC settlement is not a family asset.  Ms. Tong does not have to account for what amounts to a negligible wage loss claim.

bc injury law, family asset, Madam Justice Stromberg-Stein, Shen v. Tong

Comments (47)

  • original site

    I simply want to say I am new to weblog and definitely loved this blog. Very likely I’m going to bookmark your blog . You surely come with really good article content. Thanks a bunch for revealing your web site.

  • WW88

    Thank you for sharing excellent informations. Your website is so cool. I am impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched everywhere and simply couldn’t come across. What an ideal website.

  • 먹튀폴리스 검증업체

    My husband and i got very thrilled that Peter managed to finish off his studies using the ideas he received in your web page. It is now and again perplexing just to happen to be releasing information people today may have been trying to sell. And we grasp we have got the writer to appreciate because of that. The main illustrations you’ve made, the easy website menu, the relationships you will help instill – it is all remarkable, and it’s helping our son and the family know that the idea is pleasurable, and that is rather mandatory. Thanks for everything!

  • 먹튀폴리스 프리즌

    Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is excellent blog. A great read. I’ll certainly be back.

  • poker

    Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

  • poker

    An fascinating dialogue is worth comment. I think that you should write more on this topic, it might not be a taboo subject however generally individuals are not sufficient to talk on such topics. To the next. Cheers

  • agen poker online

    Excellent read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch since I found it for him smile So let me rephrase that: Thank you for lunch!

  • agen poker online

    I would like to thnkx for the efforts you’ve put in writing this blog. I am hoping the same high-grade web site post from you in the upcoming as well. Actually your creative writing abilities has inspired me to get my own site now. Actually the blogging is spreading its wings rapidly. Your write up is a great example of it.

  • W88 mobile

    Everyone loves what you guys are usually up too. This type of clever work and exposure! Keep up the wonderful works guys I’ve you guys to my personal blogroll.

  • 야마토게임 sp

    It is indeed my belief that mesothelioma is definitely the most lethal cancer. It has unusual traits. The more I look at it a lot more I am assured it does not work like a true solid tissues cancer. If perhaps mesothelioma can be a rogue virus-like infection, in that case there is the probability of developing a vaccine along with offering vaccination for asbestos uncovered people who are at high risk associated with developing upcoming asbestos linked malignancies. Thanks for discussing your ideas about this important ailment.

  • Voblerone казино воблер

    Appreciating the commitment you put into your site and detailed information you provide. It’s nice to come across a blog every once in a while that isn’t the same unwanted rehashed information. Great read! I’ve bookmarked your site and I’m including your RSS feeds to my Google account.

  • 토토 사이트

    Thank you for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more clear from this post. I’m very glad to see such fantastic information being shared freely out there.

  • 우리카지노

    I cling on to listening to the rumor speak about getting boundless online grant applications so I have been looking around for the most excellent site to get one. Could you advise me please, where could i get some?

  • 토토 사이트

    Thanks for these pointers. One thing I should also believe is credit cards providing a 0 rate of interest often entice consumers together with zero rate of interest, instant endorsement and easy online balance transfers, however beware of the number one factor that will void your 0 easy neighborhood annual percentage rate and also throw you out into the poor house rapidly.

  • אוניות אלחוטיות

    I got what you mean , appreciate it for putting up.Woh I am glad to find this website through google. “Being intelligent is not a felony, but most societies evaluate it as at least a misdemeanor.” by Lazarus Long.

  • 안전놀이터 사이트

    I simply wished to thank you very much once more. I’m not certain the things I would have taken care of in the absence of the type of hints shared by you about that field. This was a very troublesome condition in my opinion, nevertheless finding out a specialised tactic you dealt with it made me to jump with contentment. Now i am thankful for the work and in addition sincerely hope you realize what an amazing job you were providing instructing others by way of your blog. I know that you haven’t encountered all of us.

  • 토토 사이트

    great publish, very informative. I wonder why the other specialists of this sector do not understand this. You should proceed your writing. I’m sure, you have a huge readers’ base already!

  • watch game of thrones season 8

    I loved as much as you will receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly very often inside case you shield this increase.

  • 토토사이트

    I like the helpful information you supply in your articles. I will bookmark your weblog and test once more right here regularly. I am quite sure I will learn many new stuff right here! Best of luck for the following!

  • เช่าเก้าอี้

    Hi just wanted to give you a brief heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different internet browsers and both show the same outcome.

  • 먹튀검증

    Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to your weblog when you could be giving us something enlightening to read?

  • 먹튀폴리스

    I do believe all of the ideas you have presented to your post. They’re very convincing and will certainly work. Still, the posts are very brief for newbies. Could you please extend them a little from subsequent time? Thanks for the post.

  • 토토사이트

    Just wish to say your article is as astounding. The clarity for your post is just cool and i could assume you’re an expert in this subject. Fine along with your permission allow me to clutch your RSS feed to stay up to date with impending post. Thanks one million and please keep up the rewarding work.

  • 파워볼사이트

    I think other website proprietors should take this website as an model, very clean and fantastic user genial style and design, let alone the content. You are an expert in this topic!

  • custom tshirts

    I think this is among the most vital information for me. And i am glad reading your article. But should remark on few general things, The site style is great, the articles is really excellent : D. Good job, cheers

  • 메이저 사이트

    Thanks for one’s marvelous posting! I really enjoyed reading it, you can be a great author.I will remember to bookmark your blog and will eventually come back down the road. I want to encourage continue your great job, have a nice afternoon!

  • nonton movie

    I have been surfing on-line greater than three hours as of late, but I by no means discovered any interesting article like yours. It is pretty price sufficient for me. In my opinion, if all webmasters and bloggers made just right content as you probably did, the web might be much more useful than ever before.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer