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B.C. court drops ‘unfettered' as appropriate description of discretion

Thursday, June 01, 2017 @ 10:43 AM | By Amanda Jerome

In a decision regarding a family law dispute, the British Columbia Court of Appeal determined that it’s time to discard the word “unfettered” when describing the discretion for a judge to reopen a trial.

Hansra v. Hansra 2017 BCCA 199 was the appeal of a case that involved a dispute over the estimation of matrimonial assets in a divorce proceeding. One of the central issues the trial judge (Justice Robert Crawford) had to determine was how to value Jagtar Hansra’s assets, which were in India. Jagtar Hansra...