Blog Posts
Below are our blog posts about recent developments in the areas of Estate, Family and Personal Injury law as well as comments on some recent important decisions from the BC Supreme Court, BC Court of Appeal and the Supreme Court of Canada.
General Information Once you’ve confirmed you have the most recent will, you must confirm you’re named executor. As an executor, you must always obey the law and the terms of the will. Additionally, there can be more than one executor or administrator of the will. Essentially, your job and responsibility are to carry out the […]
Fighting over Fluffy: Who Gets to Keep the Family Pet? For many people, the family pet is considered a living breathing member of the family. In some cases they are better behaved than most family litigants. Although the Court has been known to make interim custody orders for a motorcycle (Krczizanowski v Fieseler, 2018 BCSC […]
Reviewing Spousal Support in Separation Agreements: What is “Material Change”? Most family claims are resolved by way of settlement agreement rather than trial. The amount and duration of spousal support are commonly set out in an agreement and can sometimes be incorporated in a Consent Order. The wording of those clauses requires careful attention, especially […]
Examinations for Discovery during Covid: Is Zoom the default? The Covid pandemic has definitively altered the way litigation is conducted in British Columbia, including conducting examinations for discovery. While the courts struggled initially to adapt to a new way of conducting hearings progress is (slowly) being made. Trials are still being conducted in person, subject […]
Failure to Consummate a Marriage still valid grounds for annulment in BC An annulment for failure to consummate a marriage is still alive and well in British Columbia. Annulment vs. Divorce Divorce and annulment have the same result: dissolution of the marriage. However, both have different implications for how the prior marriage is treated. A […]
Settlement Offers and Releases: Pitfalls and Problems Most litigants are able to resolve their issues without trial by agreement. Releases are a standard part of the process and provide assurance to both sides of the transaction that the issue has been laid to rest and neither side can bring any future claims. Often the releases […]
Tax Consequences of Lump Sum vs Monthly Spousal Support: Why the difference matters Spousal support can be awarded and paid as lump sum or periodic monthly payments. Each method has its own benefits and drawbacks. However, there are tax consequences in opting for one or the other that should be factored into determining an amount. […]
Are RRSP and RRIF Withdrawals Part of Your Income for Spousal and Child Support? (Short Answer: It depends) Many people make RRSP and RRIF withdrawals before and during a family claim. Sometimes these are used to pay legal bills or purchase a new residence. If you do make a withdrawal, how does it affect your […]
Are Views of the Child Reports Binding? Views of the Child Reports or “Section 211” reports are an important piece of puzzle to help the court determine what the appropriate parenting arrangements should be. Sometimes a parent may not agree with the results of a section 211 report and they may feel the report is […]
Yes, your insurer is obligated to deal with your insurance claim in “good faith”. What does that mean? When you purchase any insurance policy such as extended medical, travel, auto, or homeowners, your insurance company is required to deal with you fairly when you make an insurance claim for benefits under your policy. An insurer […]