Family Law Matters

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

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
Wills Variation vs. Family Law Considerations

Wills Variation vs. Family Law Considerations

The wills variation reasons for judgement  in Kish v Sobchak 2016 BCCA 65 discussed the recent intrusion of family/divorce law considerations into the law of wills variation. Kish reduced the
Posthumous Births: Conception After Death

Posthumous Births: Conception After Death

Section 8.1 of WESA provides as follows: 8.1 (1)      A descendant of a deceased person, conceived and born after the person’s death, inherits as if the descendant had been born