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Searching Content indexed under Family Law by Clark Wilson LLP ordered by Published Date Descending.
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1
Once A Gift, Always A Gift?
In a decision handed down this week, the Court of Appeal attempted to clarify a question that has frustrated family law practitioners and clients alike
Canada
7 Aug 2019
2
Robledano v Queano, 2019 BCCA 150 – Further Analysis Of Spousal Status Issues
The British Columbia Court of Appeal recently released its judgment in Robledano v Queano, 2019 BCCA 150 ("Robledano").
Canada
23 May 2019
3
Ending The "Marriage-Like" Relationship?
In a recent decision, Mother 1 v. Solus Trust Company, 2019 BCSC 200, Justice Myers questioned the relevance of the term "marriage-like relationship", a central issue in many estates and family cases.
Canada
19 Mar 2019
4
Does "Death Do Us Part"? Separating The Living From The Dead In Family Law And Estate Litigation
A recent decision from the Court of Appeal for British Columbia outlines the rights and obligations between spouses in life and after death, and how these shift on separation.
Canada
27 Dec 2018
5
Obtaining An Interim Advance On Legal Fees Under The Family Law Act
In a recent BC Supreme Court case, Zhang v. Fan, 2018 BCSC 2162, Clark Wilson LLP successfully obtained a $350,000 interim advance for legal fees on behalf of its client.
Canada
12 Dec 2018
6
The Law Of Privilege: What Happens When Company Law Collides With Family Law?
A new case from the Supreme Court of British Columbia shows that privilege may stop a director who is also a spouse in a family law dispute from inspecting company documents.
Canada
20 Nov 2018
7
Vital To Put Family Law Agreements In Writing
The recent decision of Hasselwander v. Ludwigson, 2018 BCSC 1814 is an important reminder that the BC Supreme Court tends to hold family law litigants to the terms of their family law agreements.
Canada
5 Nov 2018
8
Bouchard v. Bouchard – The Intersection Of Estate Law And Family Law
The recent decent of Justice Donegan in Bouchard v. Bouchard, 2018 BCSC 1728, shows the importance of attending to the procedural and substantive law of estates and family law where the two overlap.
Canada
17 Oct 2018
9
For The Love Of Canada And Not Your Spouse – Weddings For Immigration And Not For Love
In a recent decision by Justice Shergill, Charan v. Charan, 2018 BCSC 1537, the Court had the opportunity to consider the operation of family legislation in the context of a marriage where the spouse
Canada
11 Oct 2018
10
Predatory Marriages And The Capacity To Marry: Emily Clough's Case Featured In CBC Documentary
Emily Clough's 2017 case at the Supreme Court of British Columbia was the subject of a documentary made by the CBC.
Canada
10 Sep 2018
11
Where Do Trust Assets Go When A Relationship Breaks Down?
Upon the breakdown of a spousal relationship, dividing property between the two spouses is often a contentious issue.
Canada
12 Jul 2018
12
Explaining The Proposed Revisions To The Divorce Act (Canada)
Today in Ottawa, Federal Justice Minister Jody Wilson-Raybould introduced a bill that would see significant changes to Canada's Divorce Act.
Canada
24 May 2018
13
Predatory Marriage Set Aside For Mental Incapacity
Emily Clough, a partner in our Estates & Trusts group, was successful counsel for the plaintiff in a complex and precedent-setting case released yesterday by the British Columbia Supreme Court.
Canada
22 Aug 2017
14
Couple Never Lived Together, But Court Finds They Are "Spouses" For BC Estate Law
The definition of spouse in BC's Wills, Estates, and Succession Act says that two people are "spouses" if "they have lived with each other in a marriage-like relationship for at least two years."
Canada
3 Jul 2017
15
Garner v. Garner – Can You Obtain A Court Ordered Visitation Schedule With An Elderly Parent?
Historically, the parens patriae doctrine (which literally means "parent of the country") vested the Court with the authority to make orders in the best interests of children that were in need of protection.
Canada
8 Apr 2015
16
Will A Separate Residence Affect Your Spousal Status?
Those who have read Amy Mortimore’s earlier blog on spousal status may recall that spousal status is a "threshold question" in most estate litigation...
Canada
29 Jan 2015
17
When Are Couples Considered "Spouses"?
In estate litigation, the Court is often asked to determine whether or not a plaintiff was the "spouse" of the deceased.
Canada
1 Oct 2014
18
Court Upholds Effective Disinheritence
The British Columbia Supreme Court recently refused to vary a mother’s Will that left only a token $10,000 to an estranged son.
Canada
2 Aug 2014
19
Marion Allan Discusses The FLA And Presides Over A Mock Trial
Marion Allan provided a review of "BC Cases Interpreting the Property Division Provisions of the Family Law Act" at a Continuing Legal Education conference.
Canada
7 May 2014
20
An Update On Interests In Discretionary Trusts Under The Family Law Act
In a previous post, we discussed some of the issues raised by the new "Family Law Act" in the context of discretionary trusts.
Canada
9 Apr 2014
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