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.

Divorce Court Antics Irk Vancouver Judge
March 28, 2017

Recently a Vancouver judge made it  clear which antics he thought were too much in divorce court. We have blogged on this site before about the importance of legal advice and what to avoid when presenting the court with affidavit evidence here and here. In the recent case of Zandbergen v. Craig, Justice Smith was […]

Do I have to Pay Child Support for my Step Kids?
March 21, 2017

Recently Vancouver family lawyers were reminded that not only parents but also step-parents may be responsible for supporting their step kids after divorce. In EZ v. PZ, 2017 BCSC 375, Justice Baird heard a case in which the mother and purported father were married at the time that the mother gave birth to a child […]

Joint Names Can Affect Your Excluded Property
March 13, 2017

People always assume it is a good idea to put property or bank accounts in joint names with their spouses. They buy a house where they will live, and they put it in joint tenancy. They open a bank account so they can pay their bills, and they put it in joint names. Often, people […]

Does Spousal Support Continue After Retirement?
February 28, 2017

Spousal support orders are made on three bases: Compensatory. To compensate a spouse for their role in the relationship and sacrifices they made during the relationship for the betterment of the spouses’ lives. Non-Compensatory or Needs-Based. To ensure that one spouse does not suffer the consequences of sacrifices made during the relationship more than the […]

How to Prove Property is Excluded Under the BC Family Law Act
February 14, 2017

Since the introduction of the BC Family Law Act, the court has struggled with how a spouse may prove property is excluded. As explained in our blog Dividing Property in BC: The Proof is in the Puddin‘, the person who claims property is excluded has to show that it is excluded. The recent Court of Appeal […]

Court Orders Parent to Sign Nexus Consent
February 7, 2017

Mr. Justice Skolrood of the BC Supreme Court has ordered that  he can step in where necessary and require parents to sign a consent form for Nexus passes. In Pasco v. Pasco, 2016 BCSC 2484, the mother lived in White Rock and the father was unwilling to provide consent for her to travel cross-border for […]

Who Gets the Kids | Is Drinking a Problem?
January 24, 2017

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 […]

Husband to Pay Spousal Support Despite Waiver
January 17, 2017

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, […]

Divorce: How to Start
December 6, 2016

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 […]

Pets – Family Property or Children?
July 28, 2015

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 […]

You’ve Been Served: Social Media Edition
May 7, 2015

CNN reported today that a woman somewhere in New York may serve her husband divorce papers via Facebook. A link to that story may be found here. In Canada, service via social networking sites is not a new concept and has been ordered on a number of occasions. For example, most recently in Eastview Properties […]

What is a marriage-like relationship?
January 7, 2015

In British Columbia, a common law relationship is what the courts call it once two people have lived together in a marriage-like relationship for more than 2 years.

Not Everyone is Entitled to Equal Parenting Time
April 11, 2014

BC family lawyers and parents are recently reminded that there is no presumption of equality in parenting time. In BCB v. RWB 2014 BCSC 622 released yesterday, Master Baker reminds us that the best interests of the child is the most important consideration in determining parenting time. Further, he states that which parent is ostensibly […]

The Sky is NOT Falling
April 21, 2013

Picture chicken little: “The sky is falling, the sky is falling!”. That is the attitude most people are exhibiting in news articles in relation to the new Family Law Act that comes into force in BC today. Richter Trial Lawyers is here to say: The sky is NOT falling! Yes, common law couples are going […]

What is a Beneficial Interest?
April 1, 2013

A beneficial interest is a term used to describe the situation that occurs when something is held in “trust”. You may have a beneficial interest in something if you are the “real” owner of it, but legally it is “held” by someone else. For example, Benny is 80 years old. Benny buys this house with […]

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