Family Law Matters
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
When Does a Marriage -Like Relationship Begin
In order to determine what property constitutes family property the court must first decide when the parties’ marriage like relationship began. Section 3 of the FLA sets out when a
Duress In Family and Estate Situations
Blom v Blom 2921 BCSC 181 set aside a separation agreement and gift letter on the basis of the common law remedy of duress. The claimant also pleaded S
Annulment for Non Consummation
In S.Z. v X.J. 2020 BCSC 1336 an annulment was granted on the grounds that the marriage had not been consummated, and could not be consummated due to the respondent’s