Blog Posts

The Supreme Court of Canada has issued a landmark decision that will reshape family law and civil litigation across the country. In Ahluwalia v. Ahluwalia, 2026 SCC 16, the Court formally recognized a new common law tort of intimate partner violence (“IPV”).For survivors of abuse, the decision represents a significant shift in how Canadian courts […]

In an earlier blog post, “Fighting over Fluffy: Who Gets to Keep the Family Pet?”, we discussed how British Columbia courts historically treated pets as personal property under the Family Law Act. Since then, the legal landscape has changed significantly. The British Columbia Supreme Court’s decision in Bayat v. Mavedati, 2024 BCSC 619, is one […]

More couples are choosing to live together without getting married. While this is increasingly common, many people do not realize that unmarried couples often have the same financial obligations to one another as a married couple upon separation.  A cohabitation agreement can play a critical role in clarifying rights, reducing uncertainty, and protecting both partners […]

Canadian spousal support law is deliberately structured to separate moral fault from financial obligation. Generally, behaviours such as affairs, substance abuse, verbal conflict, or the fact that one spouse “caused the separation” will not be decisive. The General Rule: Misconduct Is Irrelevant Under both the Divorce Act and British Columbia’s Family Law Act, courts generally […]

Life changes and so can your support arrangements. Whether it is child support or spousal support, sometimes the order you agreed to or the court issued no longer fits your financial reality. The good news is that in British Columbia, support can be modified under the right circumstances. If your income has changed, your child’s […]

Family law agreements are a powerful and flexible tool for couples looking to manage their legal rights and responsibilities, either before, during, or after a relationship breakdown. When done properly, these agreements can reduce conflict, save time and costs, and provide certainty during what is often an emotionally difficult period. What Are Family Law Agreements? […]

British Columbia’s family law landscape continues to evolve, particularly when it comes to how the courts apply the concept of “legitimate expectations” under section 95(2)(i) of the Family Law Act. While the courts have recognized that legitimate expectations may be a relevant factor in determining whether an equal division of family property would be “significantly […]

This obligation can often be overwhelming and intimidating for many when dealing with a legal case. However, this is a common and essential aspect of serval legal matters, especially family or the process of wills variation. Financial disclosure for Wills Variation is providing information about the financial assets and liabilities of a deceased person’s estate […]

The court in B.L.S v D.J.S 2022 BCSC 764 took a tapered interpretation of s. 213 of the Family Law Act. This interpretation may incentivize improper disclosure for settlement agreements outside of court. Background The plaintiff in this case was the wife of the defendant. After separating in 2011, the pair entered into a separation […]

What happens if a spouse has separated from their partner, but prior to their death does not commence a family law claim for division of assets? Can their estate commence a family claim even when the deceased made no such effort? Background This issue arose in the case of Weaver Estate v. Weaver, 2022 BCCA […]

Can the Obligation to the Child be Replaced by Benefitting the Grandchildren? In an April, 2021 BC Court of Appeal decision, the court considered a variation of a will on the basis that the testator’s moral obligation to his daughter was not discharged as he benefited her sons at her own expense. In Scurek v […]

Does pre-judgment court order interest need to be pled on retroactive periodic spousal support? The short answer is no. Court order interest, governed by the Court Order Interest Act [COIA], is mandatory on pecuniary judgments whether it is pled or not.

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 […]