Family Law Matters

Marriage Like Relationships: Mutual Intent Not Necessary

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

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

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

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