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Family

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Monday, November 20, 2017 @ 8:35 AM

ADOPTION - Considerations - Best interests of child - Adoption by custom - Practice and procedure

Appeal by both the birth parents and foster parents of a child from a Supreme Court of British Columbia order striking their petition as an abuse of process. ... [read more]

Wednesday, November 15, 2017 @ 9:16 AM

Law Foundation’s Access to Justice Fund making a difference: report Tanya Lee

Access to justice has been enhanced across Canada thanks to a one-of-a-kind program launched by the Law Foundation of Ontario, a new report has concluded. ... [read more]

Tuesday, November 14, 2017 @ 3:13 PM

New family court position for Justice Douglas

Justice Peter A. Douglas who has been a judge of the Superior Court of Justice of Ontario, now has some new duties. He has been named as a member of the family court in Barrie. ... [read more]

Tuesday, November 14, 2017 @ 8:01 AM

MARITAL PROPERTY - Equalization or division - Exempt acquisitions and deductions - Practice and procedure - Appeals

Appeal by the husband from a trial judgment ordering equalization of family property and affirming validity of an Islamic marriage contract. ... [read more]

Monday, November 13, 2017 @ 9:16 AM

B.C. Court of Appeal confirms commitment to settlements in spousal support case

Out-of-court negotiation mechanisms must not prejudice a spouse’s right to court-ordered relief, the British Columbia Court of Appeal ruled in the recent case of Francis v. Francis. Parties caught up in family law disputes should be able to take their time and freely negotiate settlements without fear of losing their legal rights in court, if court is the only avenue to take. ... [read more]

Wednesday, November 08, 2017 @ 6:09 AM

MARITAL PROPERTY - Equalization or division - Practice and procedure - Courts - Jurisdiction

Application by the husband for leave to appeal a jurisdictional ruling. ... [read more]

Thursday, November 02, 2017 @ 8:40 AM

When a dollar’s not a dollar: Contingent taxes on RRSPs in matrimonial disputes

Mr. and Mrs. Smith have decided to get a divorce. When couples end a marriage, an equalization payment is required that considers the value of their matrimonial assets. Mrs. Smith’s RRSP portfolio statement says her RRSP is valued at $1 million. But how much is her RRSP worth for matrimonial equalization purposes? ... [read more]

Wednesday, November 01, 2017 @ 10:40 AM

B.C. Court of Appeal outlines principles when considering relocation of children Child custody

The mere hope of providing a better standard of living for a child is not sufficient to allow for relocation, nor is it an important factor to consider when the current standard of living does not have a deleterious impact on a child. ... [read more]

Wednesday, November 01, 2017 @ 8:38 AM

MAINTENANCE AND SUPPORT - Spousal support - Considerations - Compensatory support - Leaving labour market for family responsibilities - Retroactive awards

Appeal by the wife from an order requiring the respondent husband to pay $9,400 monthly spousal support retroactive from March 30, 2015, the date on which the wife filed her notice of application for spousal support. ... [read more]

Monday, October 30, 2017 @ 9:15 AM

CUSTODY AND ACCESS - Considerations - Best interests of child - Primary residence - Removal of child from jurisdiction - Practice and procedure - Appeals

Appeal by the father from a summary trial order permitting the mother to relocate from British Columbia to England with the parties' child and a subsequent order refusing to reopen the trial. ... [read more]