s.60 of the British Columbia Wills, Estates and Succession Act (WESA) allows the court to adjust the Will of a Will-maker if, in the courts opinion, the Will does not adequately provide for the Will-makers spouse or children. Does a child who is adopted by other parents after birth, but who is named as a […]
Tent Cities have been popping up in British Columbia, some in large urban areas such as Victoria and Vancouver and others in smaller communities such as Abbotsford and Nanaimo. Advocates of these tent cities state that tent cities act as a community for homeless people providing enhanced safety and a sense of belonging. How have […]
Passenger in a Motor Vehicle Collision A passenger in a motor vehicle collision may experience significant injuries. These injuries may affect a person’s ability to work, go to school, perform household tasks, and his or her ability to engage in leisure activities. If you have suffered injuries as a passenger in a motor vehicle collision, […]
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 […]