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MacLean Law has made a number of bold strategies, achieving precedent-setting wins in domestic and international family matters.

  • High Net Worth

  • Child & Spousal Support

  • Custody, Access and Guardianship

  • Property Division

High Net Worth

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 nearly ten parallel civil and family proceedings. Jian Kang reached a fair settlement on most of the issues in 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 QC 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.

Child & Spousal Support

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.

Custody, Access and Guardianship

Young v. Young, 1993 4 S.C.R. 3
Lorne MacLean, QC, argued 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, QC, 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.

Property Division

Bhimani v. Beninteso, 2020 BCCA 174
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
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
Successfully proved 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
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.

Lorne’s knowledge of family law is impressive, especially if you have assets overseas. His expertise has been a win for us in our court appearances. I am so thankful I finally found the right person to defend my case.

Family Law Client