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.

Yes, your insurer is obligated to deal with your insurance claim in “good faith”. What does that mean?
October 31, 2019

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 […]

A Change of Mind: When a Testator Alters Their Will
October 25, 2019

In a case decided earlier this year, the British Columbia Supreme Court discussed the implications of a testator altering his or her will after the will has been made. In Levesque Estate (Re), 2019 BCSC 927, the testatrix made a will nine years before her passing. At some point during the time between the creation […]

Parent Relocation and Best Interests of the Child
October 4, 2019

Can one parent relocate a child without the other parent’s consent? There are several circumstances in which one parent’s consent is not required to relocate a child. In a recent decision, the BC Supreme Court discussed the rules pertaining to the relocation of a child by one of the child’s parents. In Dowell v Hamper, […]

Unfair Wills and Testator Autonomy: Striking a Balance
August 1, 2019

Balancing a will maker’s autonomy with wills variation A recent National Post article reporting on a decision involving variation of an unfair will has gotten significant media attention and generated numerous online comments. The article summarizes the decision of Grewal v. Litt, 2019 BCSC 1154, in which a mother’s will left 93% of her million […]

The 411 on Section 211 Reports under the Family Law Act
July 6, 2019

The 411 on Section 211 Reports under the Family Law Act Section 211 reports are reports prepared by approved and qualified persons to help the court decide what the best interests of the children are for any orders. The “best interests of the children” are the foundation of any decision involving children under the Family […]

Proposed Changes to the Divorce Act on Relocation – Vancouver Family Lawyers
June 28, 2019

Vancouver Family Lawyers are here to explain how the recent changes to the Divorce Act will impact your ability to relocate with your child. The Canadian Research Institute for Law and the Family surveyed lawyers and judges and over 98% of participants indicated that disputes involving issues regarding relocation are different to resolve. Bill C-78 […]

Failure to Comply is Fatal: Recent BC Supreme Court Decision on Document Production
June 23, 2019

Failure to Comply is Fatal: Recent BC Supreme Court Decision on Document Production When it comes to demanding documents in a civil lawsuit, failure to comply with the rules is fatal. Document production in BC Supreme Court is governed by Supreme Court Civil Rule 7-1(10), 7-1(11), and 7-1(12) and by Supreme Court Family Rule 9-1(7), […]

Wills Variation for Spouses under BC’s Wills, Estates and Succession Act
May 29, 2019

Wills Variation for Spouses under BC’s Wills, Estates and Succession Act Wills variation for spouses is a part of BC’s Wills, Estate and Succession Act. Section 60 of BC’s Wills, Estates and Succession Act provides that a spouse (including a common law spouse) may apply to vary a deceased person’s will where they do not […]

Accident Claims in BC: What you need to know about the new changes
May 1, 2019

Accident Claims in BC: What you need to know about the new changes On April 1, 2019, the BC government made changes to ICBC accident claims in the province. The largest change is the limitation of “minor injuries” to $5,500 and giving the Civil Resolution Tribunal exclusive power to hear claims for damages from motor […]

Tax Liabilities are Family Debt
April 24, 2019

CRA Debt and Family Debt: Whose responsible? A spouse’s CRA debt can be a significant issue in separation and divorce and a recent BC Supreme Court Decision of Neely v. Neely, 201F9 BCSC 610 found both spouses liable for tax debt incurred during the relationship. Under section 86 of the Family Law Act family debt […]

Is Gambling Debt Family Debt? New Supreme Court Family Ruling Explained
April 15, 2019

Are gambling debts the responsibility of both spouses? Gambling debt can be a tricky issue in Family Law. Section 87 of BC’s Family Law Act, specifically sets out what is “family debt”. Under section 86, family debt is any financial obligation incurred by either spouse during the relationship as well as any debt incurred after […]

Top 3 Family Law Resources for Self Represented Parties
April 5, 2019

Top 3 Family Law Self Help Resources Navigating a divorce or a family separation can be confusing, expensive and time consuming. If you can’t afford to get help with your legal issue, the problem can be compounded. If you can’t afford a lawyer, you should first check whether you qualify for legal aid in BC […]

Handwritten Will? The Court’s Power Under WESA to Cure Deficient Wills
March 29, 2019

Handwritten Will? The Court’s Power Under WESA to Cure Deficient Wills BC’s Wills, Estate and Succession Act (WESA), section 37, sets out the requirements to make a valid will in BC. However, sometimes a loved one may have written down their intentions for their estate without making a formal will that does not meet the […]

Excluded Property: The onus is on you – recent BCSC Decision
March 20, 2019

Excluded Property: The onus is on you – recent BCSC Decision While each spouse is generally entitled to equal division of family property under the Family Law Act property that spouses brought into the relationship is “excluded property”. Section 85 of the Act sets out what is “excluded property”. Inheritance, gifts from third parties, settlement […]

BC Court of Appeal confirms: unequal contributions not grounds to depart from presumption of equal division
March 7, 2019

BC Court of Appeal confirms: unequal contributions not grounds to depart from presumption of equal division BC’s Family Law Act requires family property to be divided equally unless it would be “significantly unfair”. Does the fact that one spouse under contributed financially qualify as “significant unfairness”? British Columbia’s top court has confirmed in Khan v. […]

BC Government makes changes to rules around expert evidence: the goodfirm explains
February 19, 2019

In an effort to rein in ICBC’s ballooning costs, the government recently made sweeping changes to the rules of expert evidence. Experts and expert reports are used to address the issue of damages that a plaintiff has suffered — such as wage loss, future wage loss and future care — that can be used by each side […]

Asset Division of Deceased Spouses – Vancouver Family Lawyers
January 18, 2019

You Has your ex-spouse passed away after you started a family action? Are you unsure of whether you are entitled to an asset division following your spouse’s passing? Contact experienced Vancouver Family Lawyers to navigate the most unusual and complex set of facts. Facts In a recent decision, Surrett v. Butkiewicz, 2018 BCSC 2194, the […]

Claiming Future loss of income earning capacity – Vancouver Personal Injury Lawyers
November 30, 2018

Vancouver personal injury lawyers can assist you with your future loss of income earning capacity claim. Facts A recent decision, Young v. Shao, 2018 BCSC 2017, is a good reminder of how to advance your claim for future loss of earning capacity. Said claim is determined by comparing the likely future of your working life […]

Retroactive Child Support Payments
November 5, 2018

Did you obtain a court order for your ex to pay child support in British Columbia? Is your ex still finding ways to avoid child support payments? Does your ex owe you retroactive child support payments? Is your ex intentionally under-employed? Is your ex seeking to vary or terminate a child support order?   Facts […]

How ‘excluded’ is your excluded property? Think twice before you share ownership of your property.
October 18, 2018

A recent decision, Venables v. Venables, 2018 BCSC 1736, explains how to divide family assets and debts following the breakdown of a relationship, where one party brought an excluded property into marriage and then shared said property ownership with his spouse. In this case the parties were married on August 1, 2009, and separated in […]

Go to top
Richter Trial Law