What is the effect of a closed down business on the maintenance of a plaintiff?

British Columbia, Canada


The following excerpt is from Coulter v. Coulter, 2007 BCSC 1153 (CanLII):

That business closed down starting in about October 2006. There are still considerable issues between the parties as to how the business was closed down. The defendant apparently contends that income of the business has not been paid into the business or properly accounted for by the plaintiff, and he is also concerned about the sale of the inventory or other assets of the business by the wife. I should deal with it briefly here because counsel did rely on a decision of Master Groves, as he then was, in a case called Ellis v. Ellis where Master Groves found that the plaintiff in that case had not explained what had happened to various funds that were taken from business accounts, that is a business presumably owned by both parties, and concluded that it may well be possible that those funds were still providing some source of support for the plaintiff, and assessed the obligation to pay maintenance by the respondent accordingly on the basis of income imputed as a result of the analysis that I just described.

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