Blog Posts

In BC, the Family Law Act and Wills, Estates and Succession Act define the term spouse by reference to the term “separation”. Under WESA, section 2 provides that spouses cease to be spouses as follows: If they are married, on separation as it is considered under the FLA; or If they are living in a common […]

Divorce or separation is a very stressful time BC couples’ lives. In most cases, it’s the most stressful thing you’ll ever have to deal with. In times of such excess stress, you or your ex might reach for the bottle. The question is: In divorce or separation proceedings in BC when does drinking (yours or […]

This is a cautionary tale respecting the importance of independent legal advice. On January 13, 2017, Mr. Justice Grauer of the BC Supreme Court ordered  a husband to pay his ex-wife  spousal support despite finding that the parties had entered two “agreements”. He found that first the wife  agreed to a reduction from $8,000 to $4,000, […]

Deciding whether to get a divorce can be stressful. It is often the most stressful time in your life. How will you pay your bills? What will you get in the divorce? What about the kids? Where will you live? What does your new life look like? All of these questions are often floating around […]

Since March 2013, BC divorce lawyers dividing family property have been wrapping their heads around new legislation that was meant to be simpler, more intuitive and “better fit with people’s expectations of what is fair”(See the White Paper on Family Relations Reform Act) than the previous law. In theory, the new Family Law Act is […]

Court costs are often awarded by a court after a trial or application to whichever party was successful. Their purpose is in part to stop parties from bringing claims that have no chance of success and they may be used to hedge poor behaviour by parties during litigation. Another purpose of court costs is that […]

If you are not married and your claim for spousal support is pursuant to the BC Family Law Act, you must apply within one year of separation. If you are married and your claim for spousal support is pursuant to the Divorce Act, there is no time limit to apply for spousal support. This issue […]

Last year, the Associated Press released a three-part series on which jobs are being lost to new technology. Their research found that nearly all of the disappearing jobs are not low-paid, low-skilled positions, but rather reasonably-paid, traditionally middle-class professions including lawyers, loan officer and more. While jobless recovery and new technological advancements pose a more immediate […]

Coming into force on March 2013, the Family Law Act, SBC 2011 c 25 (“FLA”) dramatically changed the family law landscape in British Columbia. In addition to reducing the amount of judicial resources spent determining family property and debt under the former act, the goal of the new legislation is to make the law simpler, […]

Divorce and relationship breakdown is hard on everyone involved. While it is hard on the spouses, it is especially difficult on any children involved. People often do and say things that they are not proud of when their lives are in turmoil. Just one of the reasons that divorce is especially difficult for parents (and […]

  On June 14, 2016, Justice Pearlman of the BC Supreme Court released a decision on the issue of special costs in Dyer v. Dyer, 2016 BCSC 1115. The issue was whether Mr. Dyer was entitled to recover special costs against Mrs. Dyer after she brought an application to have the firm McLachlan Brown Anderson disqualified […]

In the recent case of MAV v. EKM, 2016 BCSC 594, John M. Richter appeared on behalf of father, MAV. In that case, MAV was applying for increased parenting time of his three boys. Since the date of separation in August 2015, the children had been primarily staying with the mother in the parties’ former […]

The Wills Variation Act is BC legislation that is meant to ensure that spouses and children are not disinherited. When someone dies, the government doesn’t want their families to be without the necessities they would be provided had that person simply left the family, for example, by divorce. The government does not want the deceased […]

Vancouver family lawyers know that parents must carefully consider family law settlements before agreeing to terms. In February 2015, an “intactivist” Florida mother made headlines when she disappeared with her son because Florida courts ordered that she agree to circumcise her son. “Intactivists” believe that circumcision is medically unnecessary and urge doctors not to perform […]

Vancouver family lawyers know that British Columbia parents must pay child support. Child support is the right of the child, not the parent. What if a parent dies? Does the parent continue to owe child support after they are dead? In McLeod v. McLeod, 2013 BCCA 552, the BC Court of Appeal dealt with this […]

When couples get engaged and get married, they often hope that the relationship will withstand the test of time and circumstance. They often see their union as a romantic venture rather than the financial partnership that it also is. And having a conversation about prenuptial agreements is probably one of the last items most couples to […]

Master Baker confirms that lawyers should agree on both “any facts or assumptions of fact agreed to by the parties” and “any assumptions of facts” that the party wishes the expert to consider” before the expert is appointed. In Parton v. Parton, the parties had entered a consent order appointing a joint expert in business […]

While reading the news last week, I came upon a CBC article of a woman suing her employer for being refused paid maternity leave for her pet (from CBC.ca). I highly doubt that she’ll get anything other than awareness to animal law from her claim. However, it does make you question whether family pets are […]

In a March 2015 decision about the division of family property, Walburger v. Lindsay, Madam Justice Fitzpatrick applies the significantly unfair test to the division of a home in Parksville on Vancouver Island. Under the Family Law Act, property is divided into family property and excluded property. Family property is divided equally unless the husband […]

Clarissa Szakacs, a 46 year old mother of a 6 year old child, met her child’s father online and became pregnant during their first meeting in person. She and the child’s father, Donovan Clarke, never cohabited. Since her child’s birth, Ms. Szakacs has worked vehemently to keep Mr. Clarke from his daughter. In reasons reported […]