Does a BC Family Law Claim Survive Death of a Spouse?
BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common,…
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving…
No Order for Production of Wife’s Computer Hard Drive in High Conflict BC Family Law Case
Non-disclosure has been described as “the cancer of matrimonial property litigation.” It discourages settlement, increases the time and expense of litigation, and may deprive children of proper…
BC Court Recognizes Third Legal Parent in Polyamorous Relationship
Olivia, Eliza, Bill, and Clarke are a family made up of three parents and one son. Their family makeup brought them before the BC court, seeking a…
“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award
A wealthy businessman adopted a battle plan designed to punish his estranged wife on multiple fronts in protracted Vancouver family litigation. The BC court found that the…
Ex-Wife Entitled to $250,000 Life Insurance as Promised in Separation Agreement
Life insurance provisions are often included in separation agreements as security for spousal support or child support. The terms of the separation agreement will require one spouse…
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
The BC population is aging, and dementia, Alzheimer’s disease, and related disorders are on the rise. Over the years, our BC estate litigation team has written extensively…
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
Marriage is a contract. If one or both parties lacked the mental capacity to understand the nature of the marriage contract and the legal consequences flowing from…
Abused Senior Sets Aside Transfer of his Home to Predatory Spouse
Our Vancouver estate litigators and family lawyers have been examining the issue of predatory marriage in BC and concerns that such marriages may be on the rise…
BC Family Lawyers on Using Unjust Enrichment to Obtain Share of Property
In a recent post, our BC family lawyers discussed Judge v. Judge, 2015 BCSC 1764, a family law case in which the court determined that properties acquired…