The Cost of Surrogacy in Canada
A recent article from CBC News Vancouver, “Why a lack of oversight of surrogacy in Canada leaves some parents feeling taken advantage of” raises questions ... Continued
Limiting the Generality of the Foregoing
Since the Family Law Act, S.B.C. 2011, c. 25 (“FLA”) came into force in 2013, the courts have grappled with the meaning of “significantly unfair” ... Continued
Don’t Get Burned: Why Providing Financial Disclosure in a Family Law Case is Essential
As family law lawyers, we see a lot of mistrust between spouses. Frequently spouses will accuse the other of hiding money or assets to keep ... Continued
New RRSP Rules Make Separation Less Taxing
On January 1, 2020, the federal government changed the tax law relating to the way property is divided in family law matters which will make ... Continued
Reimbursement for Surrogates: Upcoming Changes to the Assisted Human Reproduction Act
As the use of reproductive technologies becomes more mainstream, the law (which is often slow to catch up with science) is evolving to recognize the ... Continued
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: ... Continued
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 ... Continued
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 ... Continued
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 ... Continued
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 ... Continued
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 ... Continued
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 ... Continued