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 […]
Family Law – Am I Entitled to Interim Spousal Support? If you are separating or divorcing, you may be entitled to an order for interim spousal support – an order for spousal support before a final order settling divorce, property, support, childcare and other matters. In Zhang v. He, 2018 BCSC 1622, the court detailed […]
There are three levels of Courts in British Columbia; Provincial Court, Supreme Court, and the Court of Appeal. Each Court plays a different role in our legal system. For example, provincial Court is set up to adjudicate smaller claims of value up to $35,000.00. Whereas, Supreme Court is generally for claims above $35,000.00 in value. […]
Wills and Estate Law – Court Considerations in Wills Variation Cases In the recent case of Peterson v. Welwood, 2018 BCSC 1379 (“Peterson”), a son sought, amongst other things, to vary his father’s will for failing to make provision which was adequate, just, and equitable in the circumstances. In making its analysis, the Court stated […]
A separation can be difficult for all members of the family; the family pet is no exception. Many people may be surprised when they go to court seeking to find a fair way to share the family dog, cat, or other pet, that it is treated like property, not family. The courts have set out […]