The BC Court of Appeal just released a decision called Domirti v. Domirti, 2010 BCCA 472, which considered an appeal by the husband from an Order that he pay indefinite spousal support to his wife. The basis on which [...read full post]
Categorized: Case Analysis, Child Support, Divorce, Procedure.
In a situation where two different family law actions have been commenced dealing with the same parties – one in B.C. Provincial Court and the other in the Supreme Court of British Columbia – it is often the case that [...read full post]
Categorized: Case Analysis, Procedure.
According to a new B.C. Supreme Court decision, expert critiques and reviews of Section 15 Custody and Access reports should not be admitted as evidence at trial, nor should the testimony of that expert him or herself. In Hejzlar v. [...read full post]
Categorized: Case Analysis, Custody and Access, Procedure.
There seems to be a spate of “retroactive child maintenance for adult children” cases coming out of the courts. The seemingly immortal Hartshorne case is once more in the forefront, with the parties appearing before the B.C. Court of Appeal [...read full post]
Categorized: Case Analysis, Child Support.
An interesting case out of the B.C. Supreme Court this year dealing with a party responsible for spousal support deciding to retire early. In Szczerbaniwicz v. Szczerbaniwicz, 2010 CarswellBC 759, 2010 B.C.S.C. 421, the Plaintiff and the Defendant separated [...read full post]
Categorized: Case Analysis, Spousal Support.