Does a Stepparent Have to Pay Child Support in BC?
Divorce and the “recombining” or blending of families is increasingly common, which raises the question: does a stepparent have to pay child support in BC? The answer is yes;…
Re-Partnering: Does Spousal Support End When You Remarry?
Faced with a variance application seeking termination of spousal support, the Court of Appeal for British Columbia in Rozen v. Rozen, 2016 BCCA 303 answered an important question: does spousal…
No Deemed Blameworthiness for Retroactive Child Support
The Supreme Court of Canada articulated the test for retroactive child support in D.B.S. v. S.G.R., 2006 SCC 37. Since then, the nuances of retroactive child support…
Retroactive Reduction of Back Child Support
The factors a court must consider before making an order for back child support were identified by the Supreme Court of Canada in D.B.S. v. S.R.G., 2006 SCC 37….
Constructive Trust Imposed in Absence of Unjust Enrichment
Canadian courts have developed the remedial constructive trust to prevent unjust enrichment. Pursuant to seminal cases such as Pettkus v. Becker, [1980] 2 S.C.R. 834, it is…
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust
Let’s discuss “constructive trusts” as a remedy for fraud or disloyal conduct by an agent (agents owe a “fiduciary duty” to their client, which means they must…
Long-Term Second Spouse’s Successful Wills Variation Claim
The British Columbia court was recently asked to decide a wills variation claim brought by a long-term second spouse who was essentially left out of her husband’s…
Moral Obligation to Spouse Garners $225K Wills Variation
In Morgan v. Pengelly Estate, 2011 BCSC 1114, the court heard a wills variation claim brought by a man who had been left out of his partner’s…
Wills Variation Action Not Barred By Marriage Agreement
The existence of a marriage agreement barring a wills variation action is not determinative of a surviving spouse’s claim under wills variation legislation. In Morgan v. Pengelly…
Legal and Moral Obligations on a Wills Variation Claim
On a wills variation claim, the court’s decision as to whether a will makes “adequate, just and equitable” provision for a claimant requires consideration of both the…