Best Vancouver Family Trial Lawyers Tips help you understand when a family law matter raises a triable issue that needs to be referred to trial the trial list. It is important to note that ONLY after a matter is referred to the trial list can:
- document discovery,
- pretrial discovery,
- if appropriate a summary trial on affidavits, and
- if not appropriate for summary trial then a trial in a courtroom with oral trial evidence from witnesses given under oath,
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In high net worth separations having the matter decided on affidavits in Chambers versus being decided by a Judge after trial can make a big difference in the ultimate result. So when is a family law trial needed after a final order has been pronounced and someone wants to come back to change or vary support or child custody or to be able to relocate with the child? By reading this blog by our founder Lorne N MacLean, QC you will learn one of the best Vancouver family trial lawyers tips that can help you succeed in your family law case.
In CMR v LFR 2019 BCCA 371 the BC Court of Appeal provided the following best Vancouver family trial lawyers tips:
- An Appeal from an order in chambers dismissing an application to have a motion seeking to terminate child support obligations moved to the trial list was allowed.
- The Court of Appeal found that question before the chambers judge should not have been whether the application can be decided on conflicting affidavit evidence or must be referred to the trial list.
- Whether the judge can find the facts necessary to decide issues of fact or law on the evidence before the court is the issue when determining the suitability of a matter for summary trial under Supreme Court Family Rule 11-3(15).
Best Vancouver Family Trial Lawyers Tips
The BC Court of Appeal then went on to explain that whether a matter should be heard by a summary trial is a completely different question than whether a matter should be put on the trial list.
- The proper question on an application to have the court order that a chambers proceeding should go to trial under Rule 10-3(7)(d) is: does the application raise a triable issue?
- Finally, the Court of Appeal found that once a family law case has been transferred to the trial list, only then may either party apply for a summary trial.
- Given that the chambers application, in this case, raises a triable issue, they decided it must be referred to the trial list.
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Here is what the BC Court of Appeal said on this key issue of family law procedure:
 As I will set out, both the application before the chambers judge and the appeal were argued on an erroneous premise. At this stage of proceedings, the question before the chambers judge was not whether the applications could be decided on conflicting affidavit evidence or must be referred to the trial list. The proper question was whether the applications raise a triable issue. If the applications raise a triable issue they must be referred to the trial list: British Columbia (Milk Marketing Board) v. Saputo Products Canada G.P., 2017 BCCA 247 [Saputo]; Kerfoot v. Richter, 2018 BCCA 238; and Robertson v. Dhillon, 2015 BCCA 469.