Generally, when asking a Court to find that a promise between two parties is legally enforceable, the Court will require the elements of a contract to be present. The basic elements of a contract include, among other things, offer, acceptance, and consideration. While all of the elements are vital, consideration (some benefit flowing to both […]
Collaborative family law is a form of dispute resolution where each spouse is separately represented by a lawyer, and the spouses and their lawyers sign a participation agreement which provides for the following: If either party starts contested court proceedings, all of the collaborative professionals (including the lawyers) are disqualified from acting for the parties; […]
What is an Examination for Discovery? In nearly all litigation matters, parties will undergo what is termed an “Examination for Discovery” or “Discovery” for short. Typically, a Discovery means that you will be questioned under oath by a lawyer acting for the other party in your legal action. The main purpose is to learn more […]
Surveillance, Cyber Searches and Social Media Most personal injury lawyers will warn you to close down your social media accounts, or limit access, once you commence your personal injury claim. While such advice is not misguided, it generally only applies to select claims: those involving alleged catastrophic losses or those involving litigants who appear to […]
Estate Planning – Considerations when Adding a Child as Joint Tenant to your Property Many parents put their children on title to their residence as a form of estate planning. While this can help avoid probate fees and possibly assist with ease of administration of an estate, the case of Gully v. Gully, 2018 BCSC […]
If you were working at the time of the accident it is very important to determine if the other motorist involved in the accident was also working. According to the laws of British Columbia, special rules apply where both you and the other motorist involved in the accident were both working. In such a scenario, […]
In the recent case of Moore v. Sweet, 2018 SCC 52 [“Moore”], the Supreme Court of Canada considered whether a new common law spouse became unjustly enriched as a result of her beneficiary designation under her husband’s life insurance plan. In Moore, the deceased’s ex-wife was designated as revocable beneficiary of her ex-husband’s life insurance […]
Family Law – A Gift of Money from a Parent may still be Subject to Division between Separating Spouses Under section 85 of the Family Law Act (the “Act”), gifts to a spouse from a third party are excluded property – meaning that they are not divided between the spouses at separation. However, if a […]
Part 1 of our article “Dividends and Determining Child & Spousal Support” explained what dividends and grossing up are. Part 2 explains how these lines on the income tax form affect child and spousal support payments. For child support, the primary concern is estimating the means which the paying parent has available for child support. The […]
For anyone who may be paying or receiving child or spousal support, if the spouse paying support receives part or all of their income as dividends, it is important to understand how support payments are calculated. This can be a complicated process, so this blog will be divided into two parts. Part 1 will deal […]