Blog Posts
Welcome to the Richter Trial Lawyers Blog, where we share insights, updates, and practical guidance from our legal team. Our goal is to help readers understand the latest developments in estate litigation, family law, civil disputes, and personal injury matters in British Columbia. Because the legal world changes often, we work hard to keep this page current, clear, and useful.
What You Will Find on the Richter Trial Lawyers Blog
Here, we publish articles about new decisions from the BC Supreme Court, the BC Court of Appeal, and the Supreme Court of Canada. These decisions often shape how the law works in real life. As a result, our blog highlights what these rulings mean for individuals, families, and professionals.
We also write about practical issues that clients raise every day. For example, many people want to understand wills variation claims, undue influence in estate planning, time limits in family matters, or how personal injury damages are calculated. Our lawyers break down these topics in plain language so readers can feel more confident about their rights.
Who Writes Our Blog Content
The Richter Trial Lawyers Blog features posts written by members of our legal team, including our managing partner, John M. Richter. Because we appear regularly in court, we bring firsthand experience and real-world context to every article. In addition, our team aims to explain complex legal issues in a way that is straightforward and accessible.
Why Our Blog Matters
We created this blog to give readers quick access to reliable legal information. Although our posts are not legal advice, they can help you understand the issues involved in your case and prepare better questions when meeting with a lawyer. If you want more detail about any topic you see here, we invite you to explore our related practice pages or contact our office for assistance.
In a recent BC Supreme Court decision, the court considered the effects of parental alienation on children whose parents are separated or divorced. In N.S. v. C.S, 2020 BCSC 48, the separated couple had three young boys, aged 16, 12, and 10. Following the couple’s separation, the three children refused to have contact with their […]
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, […]
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 […]
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 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 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 […]
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 […]
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 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 […]
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 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. […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]