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Vancouver and Edmonton Family Law Blog

Notices to Admit

In family law, there are several methods to obtain information and disclosure from the opposing party.  Questions can be posed by way of interrogatories (ie. written requests for information) or in Examinations for Discovery (meetings during which the person being examined is required to answer questions relating to the matters in question).  Another method through which to obtain information from a party is a Notice to Admit.  A Notice to Admit is a document which lets a party seek the other party's admission as to the truth of facts alleged in the Notice or the authenticity of documents specified in the Notice. When you receive a Notice to Admit, you have two weeks to respond, either by: 1)            admitting the truth or authenticity requested; 2)            denying the truth or authenticity requested; 3)            describing in detail the reasons why the admission cannot be made; or, 4)            stating that you refuse to admit on the grounds of privilege or irrelevancy, or that the request is otherwise improper, and describes in detail the reasons for the refusal. If you do not respond to the Notice to Admit in the allotted two week period, you are deemed to have admitted everything that was in that Notice.  This is very effective and requires that, if you receive a Notice to Admit, you carefully and thoroughly review the facts and documents set out, and that you promptly and accurately respond to that Notice.

Reassessment of Trial Decisions

The court in R.A.C. v. V.L.C., 2009 BCSC 1417 recently reviewed the law regarding when it can and should reconsider a trial decision.  Under normal circumstances, a trial decision is geared towards ending the parties’ disputes and deciding the issues on a final basis.  There are, however, occasions where the Judge’s trial decision requires reassessment based upon facts which were not available to the parties during the trial.  This can only happen if a court order has not yet been entered.  However, in that event, the court has an unfettered discretion to reconsider its decision but should do so exceedingly sparingly.  Further, the court in R.A.C. acknowledged that the underlying rationale of the court’s discretion is prevent a miscarriage of justice from occurring.A reassessment is a very rare occurrence and all efforts should be made to ensure that the issues and evidence are properly canvassed at trial.

What to do about non-disclosure

What can you do when the other side won't give you the documents you need to determine his or her income?  Rule 60D of the British Columbia Supreme Court Rules dictates the disclosure that a party must make in a family law proceeding.  In the case of Cunha v. Cunha (1994), 99 B.C.L.R. (2d) 93 (S.C.)) Mr. Justice Fraser quite appropriately stated that,

Getting Married, Separated, or Divorced? Time to think about your will.

The laws of British Columbia with regard to familial relations and wills and estates interact in a way that you need to be aware of if you want to make sure that wishes are honoured if you pass away.  These are a few of the common issues that you should be aware of: If you are getting Married: Wills in BC are governed by the Wills Act.  Under section 15 of the Wills Act, your will is revoked if you get married, unless your will specifically contemplates your upcoming marriage.  If your will is revoked and you pass away, it will be as though you died with no will at all, and your property will be distributed according to the Estate Administration Act.  So if you get married, make sure you revisit your will if you want your final wishes to be respected.

Welcome

Welcome to the Henderson Heinrichs Vancouver Divorce Law Blog.  Located in Vancouver, British Columbia, our firm focuses exclusively on the full range of issues related to divorce and family law matters in British Columbia. This blog is a space where the lawyers at Henderson Heinrichs will offer commentary and observations on the practice of family law, on recent developments in the area, and on topics which may help people going through a divorce or family law situation. At Henderson Heinrichs our lawyers handle a diverse range of family law matters.   Our day-to-day experience helping clients deal with separation and divorce, child custody and support, division of assets, common law and same sex marriage rights and obligations gives us a unique vantage point.  We are able to identify trends in legislation and caselaw in family law and witness firsthand how this affects people living in Vancouver and elsewhere in British Columbia.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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