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 […]
One area where the law in British Columbia continues to treat common-law and married couples differently is how much time following the breakdown of their relationship a person has to initiate a family law claim against their former spouse. While claims for child support are not subject to a deadline (referred to as a “limitation […]
Many people have family pets that they consider to be members of the family. However, when spouses separate, they must determine who gets to keep the pet. In British Columbia, pets are not treated like children and are considered to be property. As a result, for couples who are either married or who have lived […]
Effective November 22, 2017, the Federal Child Support Guidelines Child Support Table has been updated 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 has been increased from $10,820.00 under the 2011 […]