Experienced BC family jurisdictional dispute lawyers at MacLean Law fully understand the extreme complexity – and importance – of a BC family jurisdictional dispute in an international divorce matter, especially where the parties involved are high net-worth individuals owning companies across different jurisdictions. Filing promptly and having a skilled and top rated* team of BC Family Jurisdictional Dispute Lawyers can pay dividends in a high stakes family law financial dispute. Swift and skilled action by BC Family Jurisdictional Dispute Lawyers is what you need. Hiring one of the best* BC Family Jurisdictional Dispute Lawyers is also prudent if you are concerned about protecting millions of dollars of worldwide wealth.
BC Family Jurisdictional Dispute Lawyers 1-877-602-9900
To say that the law governing a jurisdictional dispute is messy and complicated would be an understatement. A typical full-blown jurisdictional dispute battle necessarily invokes not only the Family Law Act (three parts of it), but also the Court Jurisdiction and Proceedings Transfer Act, the Court Order Enforcement Act, and the Interjurisdictional Support Orders Act. What makes it more challenging is that one small misstep, such as filing a response to the other party’s pleading, may have the disastrous consequence of making you submit to the B.C. jurisdiction (and thus forever lose your right to challenge B.C.’s jurisdiction), even if that was never your intention.
Top rated* BC Family Jurisdictional dispute lawyers at MacLean Law routinely handle high net-worth divorces involving large-scale financial jurisdictional disputes. We have multiple offices across Canada. We also have one of the largest Mandarin and Cantonese-speaking legal teams in Canada and have lawyers fluent in Hindi, Punjabi and Farsi ( please read our Chinese website: www.macleanlawchinese.ca).
In fact, a jurisdictional dispute is often so complicated, that the court will heavily rely on counsels’ guidance to fully understand the numerous legal tests and to successfully navigate through them. Without such guidance, the court can be led astray in its judgments. The recent B.C. Court of Appeal case Wang v. Sigouin, 2017 BCCA 372 provides a perfect example.
In Wang v. Sigouin, the husband sought to overturn a Chambers Order pronounced June 1, 2017 and June 28, 2017, which included a dismissal of his jurisdictional response (a pleading filed with the court stating you oppose B.C. having and/or exercising jurisdiction over the matter in question). He argued that the chambers judge erred by dismissing his jurisdictional response.
BC Family Jurisdictional Dispute Lawyers Can Help
His appeal was allowed. The Court of Appeal ruled, amongst other things, that the chambers judge was required to consider the merits of the jurisdictional response, which raised real issues regarding the jurisdiction of the Supreme Court to hear the action. The jurisdictional issue was then remitted to the Supreme Court so it could fully consider the issue:
[13] Mr. Sigouin submits that the chambers judge erred in failing to address the challenge to the jurisdiction of the court; that the judge had no jurisdiction to order exclusive occupancy of a rental property; that the judge had no jurisdiction to evict a tenant without notice and without paying heed to s. 94 of the Residential Tenancy Act, S.B.C. 2002, c. 78, notice requirements, that the judge erred in ordering Mr. Sigouin to pay $24,000 without the remedy being sought and without any legal basis for imposing such a remedy.
[14] In my view, this matter must be returned to the trial court. As such, I will limit my observations to that which is necessary.
…
[17] The judge did not turn his mind to the jurisdictional question, perhaps because he was misinformed regarding the residency of Ms. Wang.
[18] In my view, the appeal must be allowed on the basis that the judge did not properly address the jurisdictional question. Indeed, I am not certain how a jurisdictional response can be “dismissed” as it is now a form of pleading.
Our top rated* BC Family Jurisdictional Dispute Lawyers know that deciding whether to raise a jurisdictional dispute is the first thing to consider in any international divorce or relationship breakdown. This is particularly the case for high net-worth individuals owning substantial personal and corporate assets over multiple jurisdictions: each jurisdiction has different law governing property division, tax and the running of businesses. You want to pick one that is the most favourable to you, and you will need experienced BC Family jurisdictional dispute lawyers to convince the court that is the way to go.
Don’t Delay. Call Our BC Family Jurisdictional Dispute Lawyers Now at 1-877-602-9900
Dial our toll-free number now to book an initial consultation with one of our jurisdictional dispute lawyers at: 1 877 602 9900. We are pleased to video conference with potential clients from China, India and Iran as well as the United States and other countries.
*Top Choice Award (2014, 2016, 2017 2018, 2019), Top rated reviews on Google, Yelp, threebestrated, lawerratingz.com. Read more about our awards.
