Zhang v. Chen, 2023 BCSC 2206
In an ultra-high net worth case involving $70-90 million in assets, Fraser MacLean achieved one of the highest interim support awards in B.C. Despite the husband alleging an income of $155,000, the court imputed an income of $1,00,000.00, ordering $16,062 monthly in child support, mid-range spousal support and section 7 expenses shared 83/17%.

K.R. v. J.R., 2022 BCSC 1856
Lorne MacLean K.C and Fraser MacLean were successful at a 30-day trial representing the husband father. The result saw the husband paying zero in spousal support despite a long-term marriage with three children, while also receiving roughly $1,000,000 in retroactive child support dating back to 2016.

Xu v Hu 2021 BCCA 2 2020
Lorne MacLean KC and Susanna Chen won an important multimillion-dollar family law appeal where the son in law of their client sought $50 million at trial. The claim was restricted at trial to 25% of the equity in a multimillion-dollar Shaughnessy home. On Appeal by MacLean Law the BC Court of Appeal held the 3 certainties required for an “express trust” were not met. MacLean Law argued he should receive zero and won a total victory.

Devathasan v. Devathasan, 2020 BCCA 209
The client applied to dismiss the underlying appeal be dismissed as abandoned for failure of the appellant to comply with the conditions of an order extending time for the filing and serving of the notice of appeal, and filing of the appeal record and transcripts.

Held: Application granted, appeal dismissed as abandoned. A single justice in Chambers has jurisdiction to dismiss an appeal as abandoned due to failure to meet the conditions of an extension of time order, pursuant to s. 10(2)(e) of the Court of Appeal Act. The appellant has a long history of noncompliance with court orders and his argument of being unable to meet the conditions of the order for extension of time were previously rejected. The appellant has made choices not to comply and has no reasonable explanation for his noncompliance that would change the balance of the interests of justice.

The result: the multimillion dollar property awards record setting $116,000 per month spousal and child support award, a multimillion dollar lump sum award and a record $1.5 million special costs award were all upheld.

Devathasan v. Devathasan, 2020 BCCA 115
The appellant applied to vary the conditions established by a single justice in granting his application for an extension of time to commence his appeal. The conditions require the appellant to pay a portion of the sums owing to the respondent under the order appealed.

Held: Application successfully dismissed. The appellant did not meet the criteria for a variation established in Haldorson v. Coquitlam (City), 2000 BCCA 672.

Devathasan v. Devathasan, 2019 BCCA 436
https://www.bccourts.ca/jdb-txt/ca/19/04/2019BCCA0436.htm
The appellant applies for an extension of time to appeal an order concerning the division of assets and spousal and child support. He has not complied with the order.

Held: Application granted, subject to conditions that would bring the appellant in partial compliance with the order under appeal. One of the highest awards for conditions in BC and cited as a top 5 BC Appeal decision.

Wang v. Jiang, 2020 BCSC 1761 – Appearing before The Honourable Chief Justice Hinkson, the Supreme Court awards 100% special costs against ex-husband and mother-in-law to Lorne MacLean Q.C’s client.

Wang v. Jiang, 2020 BCSC 901 – Lorne MacLean Q.C and Susanna Chen expose millions in hidden cash and obtain substantial judgment in client’s favour. The court also ordered the return of trust monies held by the husband’s lawyers, placing obligations to his wife and daughter ahead of legal fees.

Tang v. Cheng, 2020 BCSC 1341 – Jian Kang sets nationwide precedent on choice of law issue and obtains $21,678.00/month for spousal support with ability to increase it in the future.

Tang v. Cheng, 2020 BCSC 908 –Jian Kang wins precedent-setting case on ultra-high net-worth jurisdictional dispute.

Devathasan v Devathasan, BCCA 2020
A record setting interim spousal and child support award of over $100,000 per month in the BC Supreme and BC Appeal Courts where the firm won a rare lifetime protection order, $116,000 monthly support, $25 million of property and $1.5 million of special costs and a record interim advance for legal fees of $800,000.

Li v Rao, 2019 BCCA 265
Lorne MacLean, KC won at trial and in the BC Court of Appeal on a multimillion dollar international divorce case. Appeal from dismissal of application to strike a claim for division of property and spousal support under Family Law Act.

Devathasan v. Devathasan, 2019 BCSC 661
Record-breaking international divorce and family law trial judgment with client obtaining 20 million-plus of family property, $100,000 a month spousal support, nearly $17,000 child support for 1 child, retroactive and lump-sum support of roughly $6 million and 100% indemnity for special costs in the amount of 1.5 million.

Zhang v Chee, 2018 BCSC 948
An ultra high-conflict file involving tens of millions of dollars of assets, four jurisdictions and more than ten parallel civil and family proceedings. Jian Kang reached a fair settlement on most of the issues on the morning of the application, not only considerably narrowing down the scope of the application but also paving way for the parties’ future negotiations.

Devathasan v. Devathasan, 2017 BCSC 1010
A record high child and spousal support award of over $85,000 a month specifically addressing:

• How income for the paying spouse is correctly determined if they own a company or practice;
• Rules for how post-separation increases impact a spousal support payment change;
• What is a review and how does it differ from a variation.

Read more about this precedent setting case.

Wang v. Jiang, 2016 BCSC 2461
Jian Kang helped Lorne MacLean KC obtain an extremely rare order for contempt of court and sentencing of six months of imprisonment (one month forthwith and five months conditional).

Lightle v. Kotar, 2014 BCCA 69
Stock broker’s book of business is deemed family property. Canada’s first appellate decision where Mr MacLean won for the wife and established for the first time that a stockbroker’s lucrative list of clients is family property to be divided.

Estate of Gang Yuan
This case involved an estate worth approximately $40 million dollars and 10 parties. Jian Kang successfully obtained a public ban and the first sealing order in BC that seals the entire file (as opposed to just some information in the file) in the civil context.

Ishwarlall v. Ishwarlall, 2023 BCSC 310 – Jesse Emmond successfully obtained a trial judgment in a high-net-worth family case that saw a Canada-wide arrest warrant issued for a BC doctor that fled Canada, as well as awards for a protection order, full custody for the mother, a transfer of 100% family property, and significant retroactive and prospective child and spousal support awards, fines and special costs throughout the litigation.

Zhang v. Chen, 2023 BCSC 2206
In an ultra-high net worth case involving $70-90 million in assets, Fraser MacLean achieved one of the highest interim support awards in B.C. Despite the husband alleging an income of $155,000, the court imputed an income of $1,00,000.00, ordering $16,062 monthly in child support, mid-range spousal support and section 7 expenses shared 83/17%.

K.R. v. J.R., 2022 BCSC 1856
Lorne MacLean K.C and Fraser MacLean were successful at a 30-day trial representing the husband father. The result saw the husband paying zero in spousal support despite a long-term marriage with three children, while also receiving roughly $1,000,000 in retroactive child support dating back to 2016.

C.J.H. v. Q.T., 2021 BCSC 976 – Lorne MacLean Q.C and Fraser MacLean achieve an international relocation during COVID-19 and a substantial retroactive child support award.

M.J.R v. B.L.D., 2020 BCSC 2131 – Anastasiya Sadovska and Brianne Beckie win at the BCSC. The Supreme Court of British Columbia retroactively reduces section 3 child support based on a material change in circumstances and takes into consideration a 6.7% reduction in table amounts as a result of the mother moving from Alberta to British Columbia with the parties children.

Tang v. Cheng, 2020 BCSC 1341 – Jian Kang sets nationwide precedent on choice of law issue and obtains $21,678.00/month for spousal support with ability to increase it in the future.

Baryla v. Baryla, 2019 BCCA 22 – Nick Davies, representing the appellant, challenged the amount of a compensation payment, the failure to deal with distributive taxes, and the awarding of spousal support after an equal division of assets. Held, appeal allowed, new trial ordered. It was necessary for the court below to determine whether the registration of title in joint tenancy was an inter vivos gift to the husband, and to account for distributive taxes upon division of the assets. The question of spousal support after an equal division of assets must consider whether an award would amount to “double dipping”.

Leskun v. Leskun, 2006 SCC 25
Established key principles for spousal support decisions. The BC spousal support case broke ground on the issue of what, if any impact should spousal misconduct and its consequences have on spousal support awards and what proof should be required.

A.R.J. v. Z.S.J., 2009 BCSC 1662
One of BC’s highest combined interim support judgments for child support and spousal support. Key aspects of the case are corporate pre-tax calculations, double-dipping, and determining base income for support calculations.

Mills v. Eglin, 2009 BCSC 1595
Termination of spousal support.

Johnston v. Embree, 2013 BCCA 74
Biological father ordered to meet child support obligations while a child is with a step-parent.

Richardson v. Richardson, 2013 BCCA 378
Successful appeal to increase retroactive award for support and to establish law in Canada on how corporate income related to real estate holdings is calculated.

Beech v. Pearce, 2010 MBQB 99
Consent variation, consent and control of the child, and child support guidelines.

Aujla v. Singh, 2012 ONSC 5217
Spousal support awarded that is in access of Spousal Support Guidelines high range.

C.S.R. v. D.M.R., 2005 MBQB 2
Petitioner submitted a Bill of Costs. The double costs award applies to the amounts claimed for attendance at the trial and decision, and preparation for trial.

Ishwarlall v. Ishwarlall, 2023 BCSC 310 – Jesse Emmond successfully obtained a trial judgment in a high-net-worth family case that saw a Canada-wide arrest warrant issued for a BC doctor that fled Canada, as well as awards for a protection order, full custody for the mother, a transfer of 100% family property, and significant retroactive and prospective child and spousal support awards, fines and special costs throughout the litigation.

S.T.M. v. C.G.H., 2023 BCPC 182 – Fraser MacLean obtained a police enforcement clause for his client to protect against denial of parenting time.

S.T.M v. C.G.H., 2023 BCPC 110 – Fraser MacLean was lead counsel in a 25-day trial involving allegations of Parental Alienation. Obtained various relief for the father including compensatory parenting time and a $5,000 fine for wrongful denial of parenting time, family systems therapy, and a parenting coordinator.

C.O. v. R.F., 2021 BCPC 114 – Robert McQueen obtained an order for the immediate return of the child to Ontario on the basis that the child was wrongfully removed from Ontario by his mother. The Court found that the child’s habitual residence is in Ontario and the father does not attorn to the jurisdiction of the British Columbia courts.

S.T.M. v. C.G.H., 2020 BCPC 181 – Fraser MacLean successfully varies an interim order getting a father a significant increase in parenting time and police enforcement orders to protect against wrongful denial of parenting time.

Bailey v. Bailey, 2018 BCSC 1419 – Tal Wolf successfully represented the father in this case. The mother sought to move with the parties’ two children, aged 10 and 7, from the Lower Mainland to the Okanagan. The trial judge ultimately declined to allow the move.

Young v. Young, 1993 4 S.C.R. 3
Lorne MacLean, KC, argues and wins before the Supreme Court of Canada as lead counsel for the plaintiff. This judgment was instrumental in establishing the modern rules for how Canadian courts decide custody, access, and guardianship cases. Mr. MacLean successfully represented the wife on this leading Canadian case on child custody, guardianship, and special costs. This case crosses both family law related to custody and the best interests of the child, property and financial awards, and constitutional law – Charter of Rights and freedom of religion.

Frozen Embryo Custody Dispute
Lorne MacLean, KC, presented arguments at the Vancouver Supreme Court on a precedent-setting, frozen embryo custody dispute injunction case. MacLean successfully obtained an injunction on behalf of a wife to keep the four embryos frozen, pending trial in June 2013 so they are not destroyed before this emotionally laden issue can be determined for the first time in Canada. Juanita’s lawyer, Lorne MacLean, said the decision validated his client’s claim that the embryos should remain intact and viable, pending the divorce trial. The embryos are in a special category, as neither property nor persons, he maintains.

S.P.M. v. R.H.M., 2005 MBQB 58
Time-sharing arrangements in the best interest of the child.

Children’s Aid Society of the Region of Peel v. C. (A.), 2015 ONCJ 482
Parents have the first right of custody in child protection matters.

Children’s Aid Society of the Region of Peel v. C. (A.), 2015 ONSC 3858
Successfully stayed Order granting parent’s first right of custody.

Zafar v. Saiyid, 2017 ONCA 919
Hague Convention on the civil aspects of child abduction. Successful in obtaining order to return children to country of habitual residence. Child removed from jurisdiction by spouse or spouse refusing to return child.

Cuevas v. Allen, 2017 ONCJ 562
Successful in obtaining custody by demonstrating that the willingness of one parent to encourage the child’s relationship with other parents may be a determining factor. Determination of spouse’s annual income and imputed income. Deliberately unemployed or under-employed.

Ramjeet v. Ramjeet, 2010 ONSC 5253
Court’s Inherent jurisdiction, conflict of laws. Variation of a custody order.

Ishwarlall v. Ishwarlall, 2023 BCSC 310 – Jesse Emmond successfully obtained a trial judgment in a high-net-worth family case that saw a Canada-wide arrest warrant issued for a BC doctor that fled Canada, as well as awards for a protection order, full custody for the mother, a transfer of 100% family property, and significant retroactive and prospective child and spousal support awards, fines and special costs throughout the litigation.

Cho v. Kim, 2023 BCSC 780 – Fraser MacLean set aside a default judgment obtained at Summary Trial, successfully arguing that the Respondent’s 1) conduct in failing to respond to the action was not blameworthy, 2) he moved immediately to set aside the judgment, and 3) he has a viable defence to the action, worthy of investigation. The court also found that the final order be set aside for lack of jurisdiction.

Bennett v Bennett, 2021 BCSC 2337 – after successfully obtaining an Order for sole conduct of sale of the Family Home in the Supreme Court of B.C., the other party filed an appeal seeking to overturn the Order in the B.C. Court of Appeal. The BCCA dismissed the other party’s appeal. The BCCA outlined that the correct procedure was to have a reconsideration hearing in the BCSC. The court heard the reconsideration hearing, found that the other party has “failed to meet the test for the setting aside of the Order” and dismissed the other party’s application with costs.

Ishwarlall v Ishwarlall, 2021 BCSC 2333 – Jesse Emmond was awarded judgment on a high-net-worth family case where he successfully defended a preservation order restricting the father’s financial assets. The court itemized allowable expenses for each account and upheld strict asset disclosure obligations on the father moving forward.

Baryla v. Baryla, 2019 BCCA 22 – Nick Davies, representing the appellant, challenged the amount of a compensation payment, the failure to deal with distributive taxes, and the awarding of spousal support after an equal division of assets. Held, appeal allowed, new trial ordered. It was necessary for the court below to determine whether the registration of title in joint tenancy was an inter vivos gift to the husband, and to account for distributive taxes upon division of the assets. The question of spousal support after an equal division of assets must consider whether an award would amount to “double dipping”.

De Araujo v. Monteiro, 2020 BCSC 1198 – Tal Wolf sets new precedent on the in personam jurisdiction of the BC Supreme Court to deal with property division and spousal support, even where common-law spouses spent huge swaths of time outside of Canada and on the high seas.

Bhimani v. Beninteso, 2020 BCCA 174
Fraser MacLean was successful in having the underlying appeal from a dismissal of a claim for division of family property and the imposition of a fine for non-compliance with disclosure obligations dismissed as abandoned. The case touches on COVID-19 and the interests of justice.

Bhimani v Beninteso, 2020 BCCA 79
Fraser MacLean successfully secured $9,500 in security for costs of the appeal, despite the fact the appellant was applying for an order for indigent status to waive fees.

Bhimani v Beninteso, 2019 BCSC 2074
Fraser MacLean successfully proved his client’s date of separation and dismissed the opposing parties claim for property division for missing the relevant 2-year limitation period.

Dennis v. Gill, 2018 BCSC 1533
MacLean Law wins: Successfully reapportioned two-family properties in a 75/25% split in favour of our client.

Lightle v. Kotar, 2014 BCCA 69
Stock broker’s book of business is deemed family property. Canada’s first appellate decision where Mr. MacLean won for the wife and established for the first time that a stockbroker’s lucrative list of clients is family property to be divided.

Yu v. Hao, unreported
Jian Kang obtained an extremely rare judgment that dismisses all of the opposing parties’ non-child-related pleadings and reapportions 100% of the former family home (which is the vast majority of the parties’ assets) in favour of his client.

Q.T. v. C.J.H., 2023 BCCA 119 – Lorne MacLean K.C and Fraser MacLean establish key principles on double / special costs.

Bhimani v. Beninteso, 2020 BCCA 174 – Fraser MacLean and Anastasiya Sadovska successfully dismiss the Appellant’s appeal. The underlying appeal from a dismissal of a claim for division of family property and the imposition of a fine for non-compliance with disclosure obligations was dismissed as abandoned. The case touches on COVID-19 and the interests of justice.

Bhimani v. Beninteso, 2020 BCCA 79 – Fraser MacLean successfully secured $9,500 in security for costs of the appeal, despite the fact the appellant was applying for an order for indigent status to waive fees.

Baryla v. Baryla, 2019 BCCA 22 – Nick Davies, representing the appellant, challenged the amount of a compensation payment, the failure to deal with distributive taxes, and the awarding of spousal support after an equal division of assets. Held, appeal allowed, new trial ordered. It was necessary for the court below to determine whether the registration of title in joint tenancy was an inter vivos gift to the husband, and to account for distributive taxes upon division of the assets. The question of spousal support after an equal division of assets must consider whether an award would amount to “double dipping”.