March 23, Pennywise – Trail, Beaver Valley, Rossland

Stuart Horn, chief administrative
officer for the RDCK. “Further, this
will allow us to focus our resources
on providing essential services to
communities across the region and
keeping critical operations running.
We thank residents and visitors for
their understanding and patience at
this time.”
Other affected services:
The RDCK is closing the re-use
buildings, commonly called ‘Free
Stores,’ located at many resource
recovery facilities. Regular disposal
services and operating hours at all
facilities will continue but users will
not be able to enter re-use buildings
to deposit or collect items until further
notice.
All regional parks remain open
and accessible, but RDCK staff will
be evaluating this as the situation
unfolds.
“We urge people to follow the recommendations
from the provincial
and national health authorities and
do all they can do to help protect
themselves and their families,” said
Mr. Horn. “Wash your hands often
with soap and water, cover your
mouth and nose when coughing or
sneezing, avoid others who are unwell
and stay home when you are sick.”
Further updates will be shared
as needed, and will be also posted
on our website: www.rdck.ca/EN/
main/services/emergency-management/covid-19-updates.html
– RDCK
Ainsworth Hot Springs
Resort closure
After careful consideration of
growing concerns regarding the
COVID-19 pandemic, management
and ownership of Ainsworth Hot
Springs Resort announce the closure
of the resort until at least until
the end of April.
Pools closed to the public on
Tuesday, March 17, the hotel and
restaurant closed on Sunday, March
22. All guests with hotel bookings
will be contacted directly.
This is voluntary decision that we
consider necessary to safeguard the
health and safety of our staff, guests,
their loved ones and the community
at large. Updates on the closure
including any necessary extensions
and the ultimate re-opening date
will be posted on our website, www.
ainsworthhotsprings.com
We wish to thank everyone for
their understanding and look forward
to when we can welcome you
back to this wonderful property.
Presents
YOU AND THE LAW ®
LAW OFFICE
Can You Get Your Spouse's Gambling Losses Back?
Suppose that after a 20-year long marriage
that’s been floundering for some
years, you end up separating. One thing
the court has to decide is how to divide
up your family property and family debt
after your separation.
In court, you find out that for the last
several years of your relationship, your
spouse has been syphoning money out of
your family company and gone on a gambling
spree. You knew she liked playing
the slots at the casino occasionally, but
you had no idea she used money from
the company or how much money was
involved. In the end, more than $660,000
of what was effectively family property
has gone down the drain, for good.
How will the court approach such a
situation?
The basic rule under our current Family
Law Act is that all family property and
all family debt acquired by either spouse
during the course of their relationship
are to be shared equally between them
after separation. That applies to family
property and family debt incurred from
the date you started to live together or
got married (whichever is earlier). It also
applies to common-law couples legally
treated as spouses.
If an equal division would be “significantly
unfair,” the court can allocate
such property and debt differently. This
is a high threshold to overcome, however,
and the court will always look at
the unique situation involved to decide
what’s appropriate.
For example, if both of you liked to gamble,
and you both racked up gambling
debts and losses in the normal course of
your relationship, the court is unlikely
to treat these debts and losses differently
than other family debt or property; upon
separation, you’d each likely be responsible
for sharing such debts or property
losses equally.
The situation may well be different
though if it turns out that, without the
other’s knowledge and consent, one of
you squanders a substantial amount of
family property by an uncontrolled gambling
habit.
Let’s go back to our earlier example. In
a recent case, the BC Supreme Court
concluded that the wife had wrongfully
used up over $660,000 of a family company’s
money for her gambling. Had that
money stayed in the company, she would
have been entitled to one half of it. So
the court awarded her husband one half
of the misappropriated funds, i.e., over
$330,000 in compensation, plus almost
$40,000 in forensic accounting costs.
It’s important to point out that this 2019
case was decided under our province’s
earlier family law statute, which allowed
re-apportionment (i.e. unequal division)
of family assets if an equal division
would be (simply) unfair. That’s a lower
threshold than the “significantly unfair”
hurdle you have to overcome under our
current Family Law Act if you want to get
a greater-than-equal share. But on similar
facts the outcome could well be the
same for a case decided under today’s
family law rules.
Each family’s situation and circumstances
are different. If you’re facing a separation
or divorce, consult an experienced
family lawyer for help with yours.
Please contact TYLEEN UNDERWOOD for legal advice concerning your particular case.
Written by Janice and George Mucalov, LL.B.s with contribution by TYLEEN UNDERWOOD LAW OFFICE.
This column provides information only and must not be relied on for legal advice.
“You and the Law” is a registered trade-mark. © Janice and George Mucalov
Tyleen Underwood Law Office
Family Law I Criminal Law
Phone: 250-352-6638 • Fax 250-352-6634
Suite 200 - 507 Baker Street, Nelson, BC V1L 4J2
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