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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]

Friday, October 27, 2017 @ 8:52 AM

New tax proposals: Sprinkling income, family members and private corporations family_income_sm

Ninety days was the time between the federal tax proposals of July 18 and the October 16 announcement that the small business tax rate was being reduced from 10.5 per cent to 9.0 per cent, and the draconian income sprinkling rules were being simplified. On the latter issue, the strategy concerns sprinkling income among family members using private corporations. ... [read more]

Thursday, October 26, 2017 @ 3:10 PM

B.C. Appeal Court overturns decision on relocation issue in custody case Nicholas Bala, Queen's University Faculty of Law

The B.C. Court of Appeal has overturned a lower court ruling that would have allowed a mother in a custody case to relocate her 4-year-old son to the United Kingdom, saying the trial judge erred in his interpretation of evidence critical to the mother’s economic prospects. ... [read more]

Thursday, October 26, 2017 @ 9:26 AM

Manitoba eyes ‘administration officials’ to help ease ‘combative’ family law system Allan_Fineblit_sm

A new committee looking to tone down Manitoba’s “adversarial and irreparably damaging” family law system is considering the use of “administrative” officials to “stream” battling spouses toward alternatives to lengthy, costly and combative court battles. ... [read more]

Wednesday, October 25, 2017 @ 9:09 AM

Study explores views of judges, lawyers on family law issues | John-Paul Boyd

A wide-ranging study by the Canadian Research Institute for Law and the Family touched on a number of important issues — including parenting arrangements after separation, presenting children's views and support disputes — and made some interesting findings. ... [read more]

Tuesday, October 24, 2017 @ 2:39 PM

Access to Justice Week speakers urge profession to embrace innovation Yasi Naqvi sm

An oft-repeated refrain from speakers on the first day of Ontario’s Access to Justice Week (Oct. 23-27) was the need for the legal profession to embrace innovation. Whether that’s through adopting new technologies, new approaches to service, or simply a client-oriented way of thinking, a push for the legal profession to keep pace with the 21st century was a common theme. ... [read more]