Family Law – Divorce Lawyer Victoria BC

Commentary: Parents’ Settlement Agreement Falls Apart Due to Expert’s Input

DivLawAdmin — Fri, 24 Mar 2023 09:00:57 +0000

A couple separated seven years into their marriage, with a child born with disabilities that required lifelong care. Many years later, they signed a settlement agreement that covered all issues and prevented them from claiming support from each other.

One of the terms on the agreement was to have an expert assess the settlement to make sure the child would be eligible for government sponsored funding. When the expert advice came, the parents disagreed. This led to the mother taking the position that the settlement was not binding and the case was brought to court for resolution.

Read more about this commentary: Parents’ Settlement Agreement Falls Apart Due to Expert’s Input

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Limitation Periods: When was the Claim “Discovered”?

DivLawAdmin — Sat, 05 Nov 2022 09:00:03 +0000

When does a limitation period expire? If a transaction or transfer has taken place before the deceased death but are not discovered until after death, is it too late to go back and challenge the transfer? What if everyone is aware of the transaction but did not know the recipient was going to keep the transfer as their own?

Read the full commentary: Limitation Periods: When was the Claim “Discovered”?

Wife Loses Latest Bid to Preserve and Use Deceased Husband’s Sperm

DivLawAdmin — Mon, 05 Sep 2022 09:00:08 +0000

In a recent appeal case, the wife requested to remove sperm from her recently-deceased husband posthumously. The couple already had one child. The wife wanted to use the sperm to create embryos so that their child would have at least one sibling, which they had agreed upon when the husband was alive. The issue is that the husband did not give written consent when he was alive.

Read the full commentary: Wife Loses Latest Bid to Preserve and Use Deceased Husband’s Sperm

Family Law in BC: Quick Reference Tool

DivLawAdmin — Fri, 05 Aug 2022 09:00:35 +0000

Learn the basics of family law. Each card covers one legal aspect of separation, such as:

which laws apply,
how couples can reach agreements, and
how to deal with issues involving children and money.

The easy-to-understand information and visuals point readers toward next steps and further resources.

Download the Family Law in BC: Quick Reference Tool [PDF]

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Commentary: What are “Invisible Litigants” in Family Law?

DivLawAdmin — Tue, 05 Jul 2022 09:00:13 +0000

An Ontario Court of Appeal decision in a case called Leitch v. Novac focused primarily on the interesting legal issue of whether, in the Family Law context, it is possible for one spouse to commit civil conspiracy against the other spouse.

Read the full commentary: What are “Invisible Litigants” in Family Law?

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Summary: How to Lose Your “Exclusion”: BCCA

DivLawAdmin — Sun, 05 Jun 2022 07:00:04 +0000

The parties had a 15-year marriage with no children. They jointly operated retail kiosks at two BC ferry terminals, property found to be joint family property. During the marriage, both husband and wife received settlements for injuries suffered in a car accident. The wife’s settlement funds were deposited into the parties’ joint account and used to purchase the first kiosk. The husband received $52, 000 for non-pecuniary losses, depositing the funds into a joint account and later withdrew $90,000 to put a down payment on a real property that was joint family property. He argued that the wife’s funds were spent on “consumables” and could not be connected to any property, while his could be traced to property and should be characterized as excluded property.

Read the full summary: How to Lose Your “Exclusion”: BCCA

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Commentary: Deference to Arbitrator Falls When Best Interests of Child Are Overlooked

DivLawAdmin — Thu, 05 May 2022 09:00:06 +0000

While family law arbitration has been practiced for many decades in Ontario, it is still in its infancy in British Columbia, after being introduced in 2013.

British Columbia’s leading case is McMillan v. McMillan 2016 BCCA 441 where the court established the following principles:

1. an arbitrator’s findings of fact are not open to review;
2. questions of law are questions about what the correct legal test is;
3. questions of mixed fact and law permit a review on the standard of reasonableness, nor correctness;
4. deference to the family law arbitrator calls for “respectful attention” to the reasons offered, or which could have been offered; and
5. the overriding test of reasonableness is whether the decision falls within a range of possible acceptable outcomes which are defensible in respect of the facts and the law.

Read the full commentary: Deference to Arbitrator Falls When Best Interests of Child Are Overlooked

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Person Occupying Estate Property May be Required to Pay Occupational Rent

DivLawAdmin — Sat, 05 Mar 2022 09:00:33 +0000

A property that is owned by the deceased becomes an estate asset. Does the person who occupies the space need to pay rent for staying in that property? Some cases, where the surviving spouse is the sole beneficiary, then they would not need to pay rent, since it will go back to the spouse. In other case, it gets more complicated.

Read the full commentary: B.C. Case Comment: Person Occupying Estate Property May be Required to Pay Occupational Rent

Court Resolves Dispute Over Sentimental Item to Avoid Further Estate Litigation

DivLawAdmin — Thu, 24 Feb 2022 09:00:02 +0000

Sometimes siblings fight over sentimental items during the division of estate when a parent passes away. The item may have no little to no monetary value but is the cause of disagreement.

In the case of Rhodes v. Myers 2021 BCSC 2043, the heirloom ring was considered estate, and so the Court helped the parties determine who the item goes to. This was to avoid further time consuming and expensive estate litigation.

Read the full commentary: B.C. Case Comment: Court Resolves Dispute Over Sentimental Item to Avoid Further Estate Litigation

Now You’re Talking

DivLawAdmin — Mon, 24 Jan 2022 09:00:10 +0000

In these illustrated stories, you’ll find scenarios of common legal problems when families come apart. The characters in the stories share concerns and information that gives readers more information to online (and other) resources.

Download Now You’re Talking [PDF]

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.