Family Law Matters
Family Compensation Act: Damages For Wrongful Death
Valencia-Paiaciao v KCP Heavy Industries Ltd. 2022 BCSC 1171 provided a good review of the law in British Columbia relating to claims under the Family Compensation Act for damages for
Marriage Agreements
The BC Supreme Court in Drummond v Billing 2022 BCSC 1076 reviewed the principles of law relating to marriage agreements. In that case the court set aside a marriage agreement
Family Law Re Property and Debt
Family Property and Debt was discussed in Williams v Williams 2022 BCSC 517. Although Family law and estate law have historically been very different, there has been a gradual trend
Marriage Like Relationships: Mutual Intent Not Necessary
The BC Court of Appeal in Mother 1 vs Solus Trust et al 2021 BCCA held that the mutual intent of both parties is not a prerequisite to finding that
Court Appointed Trustees For Infants ( S 159 FLA)
Individuals, (typically parents) and trust companies may apply to be appointed the trustee of the minor’s property pursuant to section 179 of the Family Law act. ( FLA) For example,
Courts Refuses Production of Computer Hard Drive
In a long running matrimonial dispute the court in Etemadi v Maali 2021 BCSC 1003 refused to order the defendant to produce her computer hard drive to her husband. A
S 150(2) WESA Allows Family Claim After Death
Weaver Estate v Weaver 2021 BCSC 881 allowed the personal representative of the deceased spouse as provided for by S 150(2) WES to commence the family law action for division
Polyamorous Triad Registered as Child’s Parents
British Columbia Birth Registration No. 2018-xx-xx5815 2021 BCSC 767 ordered the three members of a polyamorous “triad” to be registered as the three parents of a new born baby. The
Cohabitation Agreement Upheld: S. 93 Family Law Act
In Hudema v Moore 2021 BCSC 587 the parties signed a cohabitation agreement between themselves that while they cohabited, the relationship would NOT be defined as marriage like, the court
When Did Spouses Separate
Liapis v Keshaw 2021 BCSC 502 dealt with the issue of when did spouses separate. It is common in family and estate litigation for parties to dispute: – Was there