Same Sex Partnership: The Civil Marriage Act

Same Sex Partnership

Hinks v Gallardo 20114 ONCA 494 held that a British same sex partnership was a valid spousal marriage in Ontario and presumably also in British Columbia. A Canadian and a British citizen entered into a civil partnership under the Civil Partnership Act (UK) which created… Read more

Sworn Financial Disclosure

Sworn Financial Disclosure

Shinder v Shinder 2017 ONSC 4177  sets out the importance of how sworn financial disclosure in family (and estate) court actions must be honest and complete as it is a “bedrock principle” that the parties are entitled to rely upon. The Supreme Court of Canada… Read more

Common Law Spouse Expanded

Common Law Spouse Expanded

Connor estate 2017 BCSC 978 could be a bit of a game changer for common law WESA spouses in the sense that the court finding that the parties were spouses could be an “expansion” of the concept of common law spouse. Kent J found a… Read more

Trustee For Child Under Will Has Priority

Trustee For Child Under Will Has Priority

Leniuk Estate 2016 BCSC 159 held that a trustee for a child appointed under a will has priority over a guardian appointed under the Family Law act to hold funds in trust for a child’s behalf. An application to have a guardian appointed trustee who… Read more

Unjust Enrichment in Common Law Relationships

Unjust Enrichment in Common Law Relationships

The Ontario Court of Appeal in Reiter v Hollub 2017 ONCA 186 reviewed the law of unjust enrichment and dismissed a 6 year common law spouse’s claim that she should share in the increase in the property value of the matrimonial home owned by her… Read more

Parent Money to Children: Gift or Loan?

Parent Money to Children: Gift or Loan?

Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the subsequent determination whether  the monies were a gift or a loan when matters go ” sideways”. The court will look start… Read more

"Adopted Out" Child Cannot Contest Biological Parent's Estate Under Wills Variation

“Adopted Out” Child Cannot Contest Biological Parent’s Estate Under Wills Variation

Boer v Mikaloff Estate 2017 BCSC 21 confirmed that an “adopted out” child cannot contest the will of the biological parent’s estate under S.60 WESA (the wills variation provision) when it answered the following posed question negatively: Does a child who is adopted by other… Read more

When Does a Common Law Marriage Come to an End

It is not always clear, even between the spouses themselves, when a common law marriage came to a legal end. The Courts have accordingly developed certain guidelines to assist them. The test of whether a relationship is at an end is objective; W.A.S. v. D.W.T., 2003… Read more

The Criteria of a Marriage-Like Relationship

The Criteria of a Marriage-Like Relationship

The criteria generally speaking for a marriage- like relationship are as follows, as recently laid out in  McFarlane v. Goodburn Estate 2014 BCSC 1449: The question of whether a couple is to be regarded as having had a marriage-like relationship can be answered having regard to… Read more

Dysfunctional Families Are Everywhere

  Dysfunctional families are everywhere.   Some years ago the Vancouver Sun ran a feature on dysfunctional families and  reported that one in three British Columbians expect to be disinherited by their parents. Practising estate litigation for over 40 years, it is easy to believe… Read more

New Family Law Act Expected March 18,2013

New Family Law The Family Relations act will be replaced by the new Family Law act, on or about March 18 next.While disinherited.com does not venture into matrimonial disputes, the fact is that the laws of family and estates are increasingly becoming interwoven, and not… Read more

Claim For Common Law Spouse Status Dismissed

Claim For Common Law Spouse Buell, Buell and Buell v Unger 2011 BCSC 351 involves an intestacy of the deceased and a contest between a purported common-law spouse and his previous wife of 21 years and their two children as to who inherits the estate…. Read more