What happens to spousal support when the person making the payments (the “Payor”) passes away? Does the spousal support die along with the Payor or does the obligation survive, binding the estate of the Payor? When married or common-law couples end their relationship, sometimes spousal support arises. Spousal support is payment from one spouse to […]
Child Support Obligations Even if not Married? Is there potential for child support obligations even if you are not the child’s biological parent. Yes. Similarly, can there be child support obligations even if you are not living with the child? Yes. For a stepparent to have support obligations the following must be true: You must […]
Confidentiality of Medical Records You have recently been injured due to another person’s negligence (the “Incident”). The injuries are ongoing and starting to affect your daily living. You are considering starting a lawsuit but are hesitant because of a story you heard from your friend when they started a lawsuit. The friend told you that […]
Does Shared Custody Mean No Child Support? In Canada, child support obligations are usually dictated by the federal child support guidelines. The guidelines work on the principle that both parents should share the same portion of their income with their children as if they lived together. The guidelines set out monthly child support amounts in […]
Does a Child Get To Choose Which Parent They Will Live With? When parents separate an obvious and perhaps most important decision is where the children of the relationship are going to live. Any decisions about the time the child will spend with their parents have to be made in the best interests of the […]
Wills – No-Contest Clause Validity A no-contest clause in a Will attempts to limit a beneficiary’s ability to challenge the Will. An example of such a provision would be: To X but if X directly or indirectly attempts to contest or oppose the validity of this Will, then X shall forfeit his or her right […]
Executor’s Remuneration When you are named as the Executor in another’s Will, there are many duties, obligations and rights associated with that designation. One of those rights is Executor remuneration. Executor’s remuneration in BC is guided by s. 88 of Trustee Act. An executor can receive a maximum of 5% of the gross aggregate value […]
The Family Maintenance Enforcement Program (FMEP) and Cost Awards The purpose of this blog will be to provide a brief overview of the purpose behind the FMEP as well as discuss the type of cost awards the FMEP will enforce. The FMEP is a free service provided by the BC government. The FMEP enforces support […]
Tax Evasion vs Tax Avoidance The purpose of this blog is to give an overview of the main differences between tax evasion and tax avoidance. Everyone wants to avoid paying taxes but it is simply not possible to avoid paying them all together. Many businesses and individuals devise schemes and plans with third parties (accountants, […]
Best Efforts vs Reasonable Efforts Contracts require the performance of certain obligations. These obligations can be in the form of mandatory obligations which are referred to as covenants. Covenants are usually drafted with imperative language such as “shall” or “must”. There are also contingent obligations which arise upon certain events occurring. They are usually drafted […]