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Rick v. Brandsema (2008)


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Rick v. Brandsema is a B. C. family law case in which the parties entered a seperation agreement that left Mr. Brandsma with substantially more assets than Ms Rick after 27 years of marriage. Ms Rick suffered mental health challenges when the agreement was signed and identified herself as a survivor of domestic violence. The trial judge determined that Mr. Brandsema failed to disclose, or properly value, family and jointly held business assets and awarded Ms Rick funds to equalize the property division. The Court of Appeal overturned that result.

West Coast LEAF intervened in Ms Rick's appeal to the Supreme Court of Canada, urging the court include considerations of substatitive sex equality (s. 15(1), Charter of Rights and Freedoms) in development of common law principles around separation agreements. LEAF and West Coast LEAF presented arguments in Rick v. Brandsema at the Supreme Court of Canada on October 14, 2008.


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