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.

The Supreme Court of British Columbia may not have jurisdiction over your “birth tourism baby!”
October 8, 2018

In a recent decision, Kong v. Song, 2018 BCSC 1691, the Supreme Court of British Columbia determined that the habitual residence of a 2.5-year old child was not in Canada, which meant that the father had wrongfully removed the child from China and brought him to Canada.   Facts The child, Lucas, was born on […]

The Value of the Family Home: Date of Separation or Trial?
September 14, 2018

The value of the Family Home is a contentious issue in family law because it is often the family’s largest major asset. When the Family Home is registered either spouses’s name, it is considered family property under the Family Law Act. When spouses separate, section 81 of the Family Law Act gives each has a right to a half […]

Do you think you have a case for an unequal division of family property? Read this first.
August 30, 2018

Overview Following a relationship breakdown you might be wondering whether you have a claim for an unequal division of family property. An order for an unequal division of family property or debt occurs when a 50/50 split of the family assets and debts would create unfair circumstances for one of the parties. These types of […]

Ontario vs British Columbia: Where You File For Divorce Matters
August 18, 2018

To file for divorce is an important step the goodfirm Family Lawyers can help with. Affordable travel has made long distance relationships increasingly common. For couples who are legally married, the Divorce Act will apply no matter what province they file for divorce in. For common law couples, each province has different legislation in place for how […]

Have you been left with multiple wills or a will and a codicil? Vancouver Estate Lawyers are here to help. Section 58 of WESA.
August 10, 2018

If you discover what appears to be multiple wills or a will and a codicil or you simply don’t know whether a document left by a testator constitutes a will, then give Vancouver Estate Lawyers a call. There is a curative provision under s. 58 of the Wills, Estates and Succession Act that may be […]

Estate Litigation Update: Court refuses brother’s application for leave to recover estate assets
August 3, 2018

Estate litigation in British Columbia can be a complicated area. There are many procedural rules that govern the administration of and actions on behalf of an estate. The goodfirm Vancouver Estate Lawyers can help you navigate this confusing area. In Fry v. Fry, 2018 BCSC 1018, a court refused to grant leave to a beneficiary to […]

Inheritance, gifts and excluded property and property transfers
July 26, 2018

You A recent case McCarthy v. McCarthy, 2018 BCSC 1210, is a good reminder of how to determine whether a property transfer is excluded property or a family asset.  For example, imagine that you have been in a relationship with another person for a short period of time. Your mother then transfers property held in […]

Challenging a Will? Avoid THESE mistakes…
July 19, 2018

If you are considering challenging a will and/or recover misappropriated assets for a loved one’s estate, following the correct procedure is crucial. The goodfirm Vancouver Estate Lawyers know and understand the complicated procedures.  In Naidu v. Yankanna (Estate), 2018 BCSC 878, a son and daughter started a court action to recover various real estate properties for their father’s […]

A cautionary tale from the Court of Appeal why court procedure must be followed!
July 5, 2018

Are you a being sued in a civil lawsuit? Are you unsure of how to navigate the legal system?  If you answered ‘yes’ to both of these questions then you need to contact a Civil Litigation Lawyer in Vancouver.  As a word of caution, a recent Court of Appeal decision, Andrews v. Clay, 2018 BCCA […]

In a recent motor vehicle accident, the plaintiff was awarded $2,095,000 in damages of which $1,600,000 was for loss of future income-earning capacity!
June 21, 2018

Did you sustain injuries following a motor vehicle accident? Are you unable to maintain your previously held position? Do you have a claim for loss of future income-earning capacity?  The Goodfirm lawyers can help you recover the compensation that you are entitled to. A recent Supreme Court decision, Murphy v. Hofer, 2018 BCSC 869, shows […]

Are you unsure of how to interpret a clause in a will? – Vancouver Estate Lawyers
June 14, 2018

  Richter Trial Lawyers can guide you through the process of interpreting what a clause in a will means to ensure that you receive the gift you are entitled to. In Thorne Estate (Re), 2018 BCSC 934, two executors sought interpretation or construction of clause 3(j) of Mr. Thorne’s will. The clause provided for the […]

Dispute a Will: New BC Supreme Court Decision Highlights Importance of Proper Procedure
June 7, 2018

How do you dispute a will? In Naidu v. Yankanna (Estate), 2018 BCSC 878, the court’s ruling shows what NOT to do when applying to vary a will. In Naidu, a testator died and left his entire estate to his new wife, to the exclusion of his prior wife and five of his children. Prior to […]

Document Production: how “private” are diaries and journals in family law cases? – Vancouver Family Lawyers
May 31, 2018

What we do: Document production is a key component in almost all legal cases. Your goodfirm Vancouver Family Lawyers can help you obtain documents crucial to resolving your family law matter. One recent change to disclosure obligations is the Supreme Court of British Columbia’s ruling that private and confidential journals must be handed over to the […]

DIY Personal Injury Claim: Don’t Make this Mistake!
May 24, 2018

Can you do your own personal injury claim? While any driver in an accident can start a claim, its wise to seek legal counsel for guidance before starting a claim to make sure you comply with the proper procedures. A failure to comply with the proper procedure can result in time being lost and witness’s […]

Injured and Needing Treatment? The goodfirm Vancouver Personal Injury Lawyers explain BC Court’s Latest Judgment
May 17, 2018

Your goodfirm Vancouver Personal Injury lawyer can help recover lost wages if you have been injured in an accident. A recent  motor vehicle case from the Supreme Court of British Columbia shows the courts approach to determining a wage loss award and illustrates why it’s important to have good liability coverage. In Noftle v. Bartosch, 2018 […]

Retroactive child support granted despite a Separation Agreement – Vancouver Family Lawyers
May 10, 2018

You Have you signed a separation agreement? Are you a parent who is now seeking retroactive child support payments and s. 7 expenses? Are you uncertain whether you can bring a claim to vary the terms of your separation agreement? The Goodfirm The Goodfirm Vancouver lawyers can assist you with varying orders and challenging family […]

Recovering Transferred Property – Vancouver Estate Lawyers
May 3, 2018

The goodfirm Vancouver estate lawyers can help. Many parents leave the remainder of their estate to their children and loved ones after passing. However, where a parent or loved one transfers property to someone else before passing, any transferred assets will not form part of the estate and will pass outside the will. As a […]

How will the changes to ICBC impact your personal injury claims?
April 26, 2018

If you, or your family and friends, were injured in a motor vehicle accident, you should be aware that the government of British Columbia is in the process of making significant changes to the Insurance Corporation of British Columbia (ICBC). While the amendments will come into force on April 1, 2019, some provisions will be […]

Helping your kids buy their first house? Read this first!
April 13, 2018

The Vancouver housing market is out of reach for many millennial who increasingly rely on their parents to help finance their first home purchase. In Villeneuve v. Agnew, 2018 BCSC 546, Mr. Justice Verhoeven highlighted the risks that a parent faces when helping a child purchase their first house. In Villeneuve, an ex-girlfriend filed a family law claim […]

Helping your kids buy their first house? Read This Cautionary Tale From the Court of Appeal
January 2, 2018

When you help your child purchase a house, are you entitled to an interest? As house prices continue to increase in the lower mainland, parents are helping finance their children’s house purchase. Few parents and children sign agreements or seek legal advice before they begin the process and one of the consequences is that parents and children […]

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