On June 13, 2017, the BC Supreme Court issued reasons for judgment in Connor Estate, 2017 BCSC 978. Patricia Connor passed away on January 29, 2015. Joseph Chambers sought an order declaring him to be her spouse. She had no children. It was not clear if she had a will; if she did then it … Continue reading BC Supreme Court: Being a spouse under the Wills, Estates and Succession Act does not require capacity to marry or residing in the same home. Connor Estate, 2017 BCSC 978
On January 19, 2017, the Supreme Court of Canada dismissed the Claimant Mr. Parrett’s application for leave to appeal the BC Court of Appeal decision, reported at 2016 BCCA 151. Mr. Parrett is a retired Supreme Court judge who applied for a reduction in spousal support after he retired. At the time that he made … Continue reading Parrett v. Parrett 2017 CanLII 1345 (SCC): Application for leave to appeal dismissed in “double recovery” case
The Court of Appeal released an important family law decision regarding the sale of property today: Berthin v. Berthin, 2016 BCCA 425. This decision might bring some comfort to purchasers of real estate that is subject to family law proceedings. The trial judge ordered a property to be sold. The wife later got sole conduct … Continue reading BC Court of Appeal – Vesting order upheld despite order for sale in family case being set aside: Berthin v. Berthin, 2016 BCCA 425.
In B.P.E. v. A.E., 2016 BCCA 335, the Court of Appeal addressed new partner income under section 9(c) of the Guidelines as well as the intersection of sections 4 and 9 of the Guidelines. Section 4 applies when a payor’s guideline income is $150,000.00 or over. Section 9 applies when parties share custody of the … Continue reading BC Court of Appeal addresses new partner income under section 9(c) of the Guidelines: B.P.E. v. A.E., 2016 BCCA 335
The Court of Appeal released a decision today upholding the summary trial judge’s findings that a separation agreement only provided for a decrease of spousal support if the recipient’s income increased. The case is a clear illustration of the difference between applying for a review of spousal support under an agreement, versus applying for an … Continue reading BC Court of Appeal: Review of spousal support under separation agreement must follow principles of contractual interpretation. Chu v. Eastman, 2016 BCCA 331
In relation to orders for spousal support based on compensatory factors, re-partnering will generally (but not always) be irrelevant. In Rozen, the parties were divorced after 20 years of marriage. The parties had entered into a settlement in 1997, at which time they agreed that spousal support would be $2,350.00 per month, and the ex-wife … Continue reading BC Court of Appeal: No hard rule about whether new partner’s income is relevant for spousal support, Rozen v. Rozen, 2016 BCCA 303.
In Dedes v. Dedes, a relocation case, the Court of Appeal clarified the test for a material change of circumstances. The parties separated in 2009. They had three children. In 2011, the parties entered into a consent order for joint custody with a week on, week off schedule for the children. The consent order prohibited … Continue reading Court of Appeal: Test for material change in circumstances is whether the change was actually contemplated at time of original order, Dedes v. Dedes, 2015 BCCA 194
The issues at trial were relocation, imputation of income, retroactive and prospective spousal and child support. The father was substantially successful at the trial. Per Rule 16-1(7) of the Supreme Court Family Rules, costs of a family law case must be awarded to the successful party unless otherwise ordered. “Successful” means “substantially successful”: Gold v. … Continue reading Special costs awarded for misconduct during family law proceedings: D.P. v. E.P.R., 2016 BCSC 550