Blog Posts

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 […]

Background Justice Douglas refused to prejudge a wills variation claim on an interim application. In Rivers v. DeVouge, 2022 BCSC 2267, John Richter successfully defended an application brought by the plaintiff wife. The deceased husband prepared a new will and created an alter ego trust shortly before he died. He transferred many of the assets […]

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 […]

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 […]

Secret Trusts: What are they and how do they work? Secret Trusts are not solely the product of Hollywood murder mysteries. While they are rare, they still do make an appearance in Estate claims. Most recently, they came before our Court of Appeal in Bergler v. Odenthal, 2020 BCCA 175 What is a “Secret Trust”? […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]