PLEASE ACCEPT without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low-stress, non addictive, and gender neutral celebration of the winter solstice holiday as practiced within the most enjoyable traditions of the religious persuasion of your choice (but with respect  for the religious or secular persuasions and/or traditions of others or for their  choice not to practice religious or secular traditions at all): AND FURTHER for a fiscally successful, personal…

Berthin v. Berthin 2020 BCCA 376 is another high-conflict case described by the chambers judge as an “unenvious litigation odyssey”, an apt characterization considering the court action was commenced in 2011 and led to 19 reported decisions in the BC courts. Ten of the court’s judgments related to the sale of a property owned by the parties, an order sought by Mr. Berthin and then mightily resisted by him. The latest foray in the appeal…

The question of a judge’s refusal to “unseize” herself was considered by the Ontario Court of Appeal in DG v. AF 2015 ONCA 290. The parties were engaged in high-conflict custody litigation, a scenario where the appellant mother, who had supervised access to her children, refused to accept the trial judge’s decision that custody be awarded to the children’s father. The trial judge remained seized until he was transferred to another judicial district. Thereafter a…

It sometimes happens…estranged spouses, who are not in communication with one another, each go to a family law lawyer and each lawyer prepares and files court documents to obtain a divorce. So what happens if your lawyer files first, and the next day, a second Notice of Family Claim is filed, seeking a divorce. Or what about if both spouses file for divorce on the same day…it’s been done before, and that’s why the Divorce…

The BC Court of Appeal recently considered the circumstances under which a parent can appeal an interim parenting order, in the case of Hammond v. Hammond 2020 BCCA 314. The general rule is that if the interim order is made pursuant to the Divorce Act, there is an appeal as of right, but if the order is made under provincial legislation, the Family Law Act, “leave” or permission to appeal must be applied for in…

The issue of voluntary retirement and health issues are a common theme in spousal support termination cases and Bendall v. Bendall 2019 ONSC 3588 is illustrative of this. The Bendall’s married in 1979, after cohabitating for almost a year, and separated in 1994, making theirs a 16-year relationship. In late 1997 Mrs. Bendall was awarded custody of the two children and received an order that her husband pay her $800.00 a month in spousal support, terms that…

Mr. Galo Angulo brought an application to terminate the payment of spousal support emanating from an order dated June 11, 2004 in the amount of $1,400.00 per month.  Angulo v.  Angulo 2019 ONSC 1456.  His ex-wife, Shirley Angulo, brought a cross-application seeking document production from 2005 to 2018, retroactive spousal support, and an order that Mr. Angulo’s second wife make full financial disclosure of her income and assets. She also sought the appointment of a chartered business valuator to determine…