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Focus On



Friday, September 20, 2019 @ 9:03 AM

In contentious cases with children, solutions need expert help Woman holding clipboard with child

How can a court help a child whose divorced parents cannot agree on what’s best for him or her? B.C.’s Supreme Court is currently grappling with one such delicate scenario. ... [read more]

Friday, September 20, 2019 @ 6:20 AM

WILLS - Variation - Contestation of claims

Action by the plaintiff daughters seeking to vary their parents' wills to provide for an equal distribution among the parents' six children. ... [read more]

Thursday, September 19, 2019 @ 10:50 AM

Ounce of prevention: Marriage contracts and family trusts contract_marriage_sm

The utility of marriage contracts is often measured in a vacuum. And rarely do lawyers and their clients consider the benefits that they can provide in protecting the sanctity of family trusts. ... [read more]

Thursday, September 19, 2019 @ 9:11 AM

Legal aid, auto insurance among areas of focus for new B.C. bar association president CBABC president Ken Armstrong

The new president of the Canadian Bar Association, B.C. Branch (CBABC) says there is a crisis in the provincial legal aid system that is seeing too many people miss out on the proper supports they need. Ken Armstrong, who took office as CBABC president Sept. 1 after previously serving as vice-president and secretary-treasurer, said the CBABC “needs to continue to keep pressure on the government” on legal aid. ... [read more]

Thursday, September 19, 2019 @ 9:04 AM

Access to Justice: New fund aiming at solutions | Beverley McLachlin

On Sept. 10, 2019, the Beverley McLachlin Access to Justice Fund was launched. The fund’s aim is to provide financing for innovative approaches to improving access to civil and family justice. Through an application process the Fund will allow individuals and organizations to explore, test, measure and grow good ideas that advance our progress. We will begin receiving applications next year, with a transparent and publicly available application process. ... [read more]

Tuesday, September 17, 2019 @ 10:53 AM

Equitable fraud: Using it in court fraud_concept_sm

The case of Roach v. Todd 2018 ONSC 5289 is a good example of how the doctrine of equitable fraud may be employed. One of the issues that arose in that case was a gift made by an elderly father, Willie, to his daughter, Claudette, in the amount of $57,000, leaving only $2,961.31 in Willie’s bank account (the impugned gift). While this case turned in large measure on undue influence and Willie’s apparent lack of capacity to make the impugned gift, the doctrine of equitable fraud would also likely apply. ... [read more]

Tuesday, September 17, 2019 @ 9:32 AM

New legislative changes to federal support enforcement laws Lawyer writing and court pillars

Through their enforcement efforts, federal, provincial and territorial governments disburse about $2 billion annually to Canadian families to satisfy outstanding support debts. At the federal level, it is estimated that approximately $185 million in support payments was garnisheed in 2017 and 2018 under the Family Orders and Agreements Enforcement Assistance Act. ... [read more]

Tuesday, September 17, 2019 @ 8:34 AM

MARITAL PROPERTY - Equalization or division - Exempt acquisitions and deductions

Appeal by the wife from trial judgment reapportioning family property in favour of the husband. ... [read more]

Monday, September 16, 2019 @ 2:00 PM

How court determines who owns frozen embryos when spouses split Human embryo cells

Roughly one in six couples in Canada experience infertility. This number has doubled since the 1980s, reports the Government of Canada. However, for those who have the means and desire, assisted human reproductive procedures such as in vitro fertilization can help these couples grow their family. ... [read more]

Monday, September 16, 2019 @ 9:25 AM

JURISDICTION - Domestic issues (between Canadian jurisdictions)

Appeal by the husband from a decision dismissing the husband’s application to have the wife’s Saskatchewan action transferred to Alberta. ... [read more]