Tezcan v. Tezcan: Choice of Law in Matrimonial Property

Child and Family Law Quarterly, Vol. 9, p. 293, 1993

10 Pages Posted: 6 Sep 2013

See all articles by Vaughan Black

Vaughan Black

Dalhousie University - Law School

Date Written: 1993

Abstract

Most of the provincial statutes dealing with disposition of matrimonial property on marital breakdown feature an express choice of law provision. And although it is open to each provincial legislature to select its own choice of law test, there is one solution which has won overwhelming acceptance. Virtually all of those statutes prescribe that, in the absence of a written contract to the contrary, the question of division of property be dealt with by the law of the last common habitual residence of the parties.However, the matrimonial property statutes of two provinces are silent on the choice of law question. In Saskatchewan and British Columbia, the relevant legislation contains no provision for geographically complex cases, and consequently the courts of those provinces have been left to resolve the choice of law problem on their own. Over the years, this has resulted in some inconsistent responses from British Columbia trial courts,3 but with its unanimous judgment in Tezcan v. Tezcan the British Columbia Court of Appeal has provided some clear guidance on the question, at least for that province.

Keywords: matrimonial, property, statute, provincial, choice of law

Suggested Citation

Black, Vaughan, Tezcan v. Tezcan: Choice of Law in Matrimonial Property (1993). Child and Family Law Quarterly, Vol. 9, p. 293, 1993, Available at SSRN: https://ssrn.com/abstract=2318556

Vaughan Black (Contact Author)

Dalhousie University - Law School ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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