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 […]
Hiring a contractor to perform work around your house or property can be a long and complicated process. It is worse when the work is not done properly, resulting in delays or requiring repairs to the work completed by the contractor. If a contractor refuses to remedy the defects, a lawsuit might be the best […]
Is the Agreement Procedurally Unfair? Before a Court will set aside an agreement, it will first consider the circumstances surrounding the agreement and whether the parties entered into the agreement in a fair manner. The Court will consider several factors, such as whether: one party unfairly pressured the other into signing the agreement; one party […]
Upon the separation of two spouses, whether married or common law, spousal support is a critical issue that needs to be discussed. This is especially important for those who are leaving long-term relationships because the effects of separation can be particularly severe for them. Spouses should be aware of a couple of rules that may […]
Estate planning is a complicated process, and it takes a lot of work to ensure that everyone you care about is provided for. Two mechanisms that can be used are Mirror Wills and Mutual Wills. Mirror Wills create identical provisions in multiple wills and are usually used by spouses. For example, each will could leave […]
Ever since 2015, when the Supreme Court of Canada decided in Carter v Canada (Attorney General) that a prohibition on physician-assisted suicide was unconstitutional, Canada has had to redefine what end of life care means and what rights individuals have at this time. This is an ongoing process that will likely continue for many years. […]
After a motor vehicle accident it is very important to gather the appropriate information in case of a he said/she said battle over legal responsibility or liability. Assuming that you do not need emergency medical attention after the motor vehicle accident you should look at and record the other driver’s licence number, the licence plate […]