Capacity of a Will-Maker and Undue Influence: Jung Estate v. Jung Estate, 2022 BCSC 1298 (“Jung Estate”) is an instructive case regarding testamentary capacity, the testator’s knowledge and approval of the contents of their Will, and the concept of undue influence. By way of background, the testator in Jung Estate was Rose Jung. Rose was […]
Parents are considered guardians of their children at law, and issues can arise if a guardian passes away. If a guardian passes away, there are family law rules to consider that determine who will become the child’s guardian. These considerations apply to children under the age of 19. If two parents were the joint guardians […]
What happens when a person dies without creating a will? In BC, when a person dies without creating a will this is referred to as intestacy. Intestacy prompts the obvious question: what happens to the person’s assets? The Wills, Estates, and Succession Act, S.B.C. 2009, c. 13 (WESA), establishes a standard asset distribution scheme in […]
The Federal Child Support Guidelines Child Support Table was updated effective November 22, 2017, to account for tax and other changes since the previous Child Support Table came into effect on December 31, 2011. The minimum gross annual income at which the Child Support Table applies was increased from $10,820.00 under the 2011 Table to […]
URGENT: B.C. LAND OWNER TRANSPARENCY REGISTER (“LOTR”) We write to advise that effective November 30, 2021, the B.C. Government requires that any Corporation, Trust or Partnership that owns an interest in real estate must file a Land Owner Transparency Report with the Land Owner Transparency Registry. Failure to file may result in government-imposed penalties. What […]
Surrogacy is when a woman enters into an agreement with intended parents to carry a child that she will not be a parent to. This can be done either with the surrogate’s DNA or an implanted embryo. One, both, or neither of the intended parents may contribute reproductive assistance to the creation of the child. […]
In Canada, it is legal to record a party without their knowledge as long as one of the parties being recorded (which includes the person doing the recording) consents (Criminal Code s. 184(2)). However, simply because something is legal does not mean it will be admissible in court. This is especially so when it comes […]
Divorce is an emotionally and financially difficult process, leaving many people on the verge of insolvency. It is important for both parties to a divorce to know that while some types of debts are forgiven upon the completion of bankruptcy, many family law obligations are not. Spousal and child support obligations pursuant to a family […]
Entitlement for spousal support can be contractual, needs-based, or compensatory if one party was disadvantaged by the breakdown of the marriage. Once the court finds entitlement, they consider how long and how much should be paid for spousal support. An order for spousal support can be retroactive as well as ongoing. In the past, some […]
6362222 Canada Inc. v. Prelco Inc., 2021 SCC 39: A Victory for Limited Liability Clauses In general, limitation of liability clauses are valid in both Quebec’s Civil system and in the Common Law provinces. However, in Quebec limitation of liability clauses are tempered by articles in the Civil Code of Quebec prohibiting the exclusion of […]