On April 17, 2003, the Supreme Court of Canada released the long-awaited judgment in Miglin v. Miglin [2003] S.C.J. No. 21, 2003 SCC 24, regarding separation agreements. All nine justices of the Supreme Court of Canada heard the appeal from the Ontario Court of Appeal. Judgment for the majority of seven justices was written by […]
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BC Divorce & BC Family Law RRSP, Pension, Insurance
Revoking Designated Beneficiaries: Better Safe than Sorry! Once parties have completed a separation agreement or have finalized the division of property after a divorce or relationship breakdown, each may believe that they have sufficiently dealt with property matters and can move on with their lives having successfully disentangled themselves. This may not always be the […]
Parallel Parenting
Child custody in British Columbia
Restrictive Retroactive Child Support Guidelines Decision
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
Restrictive Retroactive Child Support Guidelines Decision Could Spell Disaster for Children and for Family Lawyers who fail to include annual Child Support Reviews
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
The Presumption for Status Quo: Is it Time to Let it Go?
Where parties are claiming custody of or access to children, either or both of the parties may apply to court for an interim order for custody or access. An interim order is one that is made after the proceedings have been started but before the trial. The court must consider what is in the best […]
Hartshorne: Enforceability of Prenuptial Agreements and Division of Assets
In the recent court case of Hartshorne v. Hartshorne the Supreme Court of Canada has stated that when parties enter into a prenuptial agreement the terms of that agreement will be upheld in all but the most unusual of cases. This decision has essentially rendered the Family Relations Act section 65 provision that allows separation […]
New Evidence after Judge Made a Decision
In a recent decision, the British Columbia Supreme Court examined the question of whether a decision reached at trial could be reopened and changed without an appeal taking place on the basis of new evidence having been discovered after the trial had ended. K.F.P. v. D.J.P 2004 BCSC 466 was a family law trial involving […]
INTRODUCING NEW EVIDENCE AFTER THE JUDGE HAS ALREADY MADE A DECISION
In a recent decision, the British Columbia Supreme Court examined the question of whether a decision reached at trial could be reopened and changed without an appeal taking place on the basis of new evidence having been discovered after the trial had ended. K.F.P. v. D.J.P 2004 BCSC 466 was a family law trial involving […]
Using Section 18(1) of the Child Support Guidelines to Reduce the Guideline Income for Self Employed Persons
You can use section 18(1) of the child support guidelines to reduce the guideline income for self employed persons to a fraction of their tax return line 150 income.In our recent case success, our client’s tax return income was almost $600,000 but the court attributed a fair wage to him under section 18(1)(b) of $200,000. […]
