Family law in British Columbia,
Canada has witnessed significant change in the past number of years. Family
property law, in particular, has seen drastic reform. One of the most
significant changes which has arisen in the province is the introduction of the
Family Law Act 2011 which, among other functions, now governs the distribution
of assets on divorce and on relationship breakdown. Repealing and replacing the
Family Relations Act 1996, the new 2011 Act aimed to make the law governing the
division of assets simpler and easier to apply, reducing judicial discretion
and bringing the province more in line with the rest of Canada. However, since
the commencement of the legislation in March 2013, a number of weaknesses inherent
in the Act have already generated significant case law in the province. This
paper seeks to highlight the main shortcomings which have emerged and analyse
judicial responses to date.