When attending a Judicial Case Conference (“JCC”), the parties and their lawyers (if any) will attend Supreme Court to try and work out any matters which the parties can agree on or consent to. The Court will make procedural orders, even if not agreed upon by the parties (for example, a deadline by which Lists […]
Many people own a home or other assets with their spouse or another person. One should consider what will happen to the property when the other owner dies. In some cases this may lead to litigation. Types of Ownership When a property is owned by more than one person, it can be owned as a […]
Although many people may not think that naming a child is a family law matter, there are many legal considerations that may affect your choice for your child’s name. Your Child’s First Name There is a fairly recent trend among parents to try to find a unique name for their child. However, although parents may […]
The Family Law Act, s. 95(1), gives the Supreme Court the power to order an unequal division of family property or family debt, or both, if it would be significantly unfair to (a) equally divide family property or family debt, or both, or (b) divide family property as required under Part 6 [Pension Division]. The […]
Wills Variation: Unger v Unger Estate, 2017 BCSC 1946 In British Columbia, a person has an obligation to provide for his or her spouse and children in his or her Will. If a deceased person did not provide sufficiently for a spouse or any children, the spouse or the children can make an application to […]
The Vital Statistics Act requires that the birth of a child must be reported within 30 days. In some circumstances, only one parent may report the birth. For a variety of reasons when that happens, that parent may not report the particulars of the other parent. Not being listed on your child’s birth certificate is […]
With the rapidly rising real estate market in British Columbia, one point of concern following separation can be when the former family home should be valued for the purposes of property division. Should post separation market gains be included? What if only one party is paying the mortgage? Section 87 of the Family Law Act […]
Soft tissue injuries are a very common type of injury affecting muscles, ligaments and tendons. These injuries often arise from motor vehicle or slip and fall accidents and can, due to the potential for significant pain and discomfort, have a substantial effect on a person’s ability to function in their everyday life. Although soft tissue […]
When you have been served with papers in a family law claim, it is essential that you and/or your lawyer attend Court on all scheduled dates. The recent decision of AJD v. CD, 2018 BCSC 73 [“AJD”], demonstrates that missing a court date can result in an Order being made against the party who fails […]
The recent decision AL v. LW, 2017 BCSC 964 [“AL”] illustrates how the court might apply the factors for determining the best interests of the child under BC’s Family Law Act [“FLA”], and also illustrates how a “section 211” report may assist the court in determining the best interests of a child. A section 211 […]