Author Archive

Real Estate Commissions Not Deductible In The Valuation of Family Property: The BC Court Of Appeal Weighs In

By Taryn Moore
Categories: Blog, Real Estate
In negotiating the settlement of family property and asset division in a family law matter, particularly in relation to the valuation of the family home, parties often argue about whether or not the parties should deduct real estate commissions when one party is looking to buy the other’s interest in the home. The idea behind […]

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The Importance Of Disclosure In Negotiating A Family Law Agreement

By Taryn Moore
Categories: Blog, Family Law
If you have read any of my articles over the past two years or the articles of my colleagues over the same period, there is little doubt that you have heard us describe the changes to family law under the Family Law Act.

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Ask A Lawyer – Does My Child Have A Say In Where He Or She Will Live Following My Separation From My Spouse?

By Taryn Moore
Categories: Blog, Family Law
When a couple separates, there often is a plethora of uncertainties to deal with, financial, emotional and practical. Where a child (or children) will reside and with whom is top of the mind for parents when separating.

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Family Law Christmas Access

By Taryn Moore
Categories: Blog, Family Law
It has been almost three years since I wrote Family Law Christmas and it is the article about which I get the most comments from my clients. With that in mind, I thought it time to write another pre-emptive article with the same theme.

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Tax Court Of Canada Renders Decision About Deductibility Of Spousal Support Payment

By Taryn Moore
Categories: Blog, Family Law
The Tax Court of Canada rendered an interesting decision on March 4, 2011 in the case of Hovasse v. R , 2011 TCC 143. The case dealt with an appeal from an ex husband to the Tax Court following CRA’s rejection of his ability to claim the entirety of his spousal support payments over a year to his ex-spouse.

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Relocation Under The Proposed Family Law Act

By Taryn Moore
Categories: Blog, Family Law
As discussed in several of our department’s article since the summer of 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act (the “Family Law Act”). As discussed, the Family Law Department at Pushor Mitchell wishes to produce a series of Legal Alert Articles outlining various parts of the Family Law Act that we believe are interesting [...]

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A Review Of The Key Themes Of The Proposed Family Law Act

By Taryn Moore
Categories: Blog, Family Law
Further to my article in July of 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act (the “Family Law Act”). As discussed, the Family Law Department at Pushor Mitchell is going to produce a series of Legal Alert Articles outlining various parts of the Family Law Act that we believe are interesting and significant. This will by no means be [...]

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Major Reform Coming To Family Law

By Taryn Moore
Categories: Blog, Family Law
On July 19, 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act.This comprehensive document outlines the outcome of the province’s review of its legislation relating to family law, respecting both married and unmarried couples. The Family Relations Act is the current provincial statute that addresses issues of custody, guardianship, access, [...]

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The New Supreme Court Family Law Rules

By Taryn Moore
Categories: Blog, Family Law
On July 1, 2010, the new British Columbia Supreme Court Family Law Rules (the “Family Law Rules”) come into effect. It is the first time where a family law proceeding is governed by its own complete code – that is to say these rules are restricted to family law procedures exclusively.The Family Law Rules coincide with the Supreme Court Civil Rules which come into force on July 1st as well and will mark a substantial [...]

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BC Court Of Appeal Clarifies The Law Around Jurisdictional Questions In Custody Applications

By Taryn Moore
Categories: Blog, Family Law
The Court of Appeal of British Columbia recently clarified the law and procedure surrounding when the British Columbia Court will take jurisdiction of a case where one parent removes a child who was cared for by both his or her parents and takes the child to another jurisdiction and commences a court proceeding in the new jurisdiction.

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Family Law Christmas

By Taryn Moore
Categories: Blog, Family Law
In Family Law, the holiday season often brings with it significant stress, confusion and disappointment for families who are experiencing a recent separation; and, even for families that have been separated for some time.

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