In the recently decided case of Newton v. Luettger, 2011 BCSC 995, the court made an observation which, while simple, is also far reaching in its effects. The case involved a 2005 trial custody order which provided that the [...read full post]
Categorized: Case Analysis.
Sometimes a new idea comes along which reaffirms our faith in what we already have.
A company has been formed in California with the sole purpose of financing divorce litigation. The firm justifies itself by suggesting that spouses of the [...read full post]
Categorized: Case Analysis, Common Law, Finances.
Is there any difference between an order pronounced after a contested hearing and one ordered when one of the parties hasn’t attended? The order itself is equally valid and binding in each circumstance. If the order is later challenged, however, [...read full post]
Categorized: Case Analysis, Legislation Analysis.
When a party to litigation between spouses passes away, a question can arise as to the status of litigation regarding ongoing child and spousal maintenance. In Crain v. Crain 1996 CarswellBC 1174, the Supreme Court dealt with the issue [...read full post]
Categorized: Case Analysis, Child Support, Spousal Support, Uncategorised.
The BC Court of Appeal has once again confirmed how inadvisable it is to ignore the Advisory Spousal Support Guidelines. While being very careful not to elevate them from their guidlininess, Mme. Justice Smith in her reasons in Domirti v. [...read full post]
Categorized: Case Analysis, Spousal Support.