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 […]
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.
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.
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.
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.
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 [...]
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 [...]
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, [...]
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 [...]
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.
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.