With very few family law cases receiving leave from our highest court, the Supreme Court of Canada continues to take an interest in relocation and child abduction cases with its latest pronouncement in F. v. N. [2022] S.C.J. 51.
In a 5-4
Georgialee Lang Attorney & Arbitrator
Georgialee Lang has practiced as a trial and appellate lawyer in Vancouver, Canada for 30 years. She has been blessed with great clients, wonderful colleagues and exceptional cases. Her website is at georgialeelang.com. Her present focus is on appeal work, litigation strategy, arbitration, mediation and writing legal and political pieces.
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Relocation and Abduction Cases Continue to Confound Courts: Part 1
With very few family law cases receiving leave from our highest court, the Supreme Court of Canada continues to take an interest in relocation and child abduction cases with its latest pronouncement in F. v. N. [2022] S.C.J. 51.
In…
Fractured parent/child relationships: The side effects of high conflict divorce
In the case of Kudrocova v. Kronberger 2023 ONCA 26, a family in crisis agreed to a final custody order in 2016 which provided for a shared week on/week off parenting of girl/boy twins born in 2009. The order was…
SPECIAL COSTS AWARD AGAINST LAWYER REVOKED
The subject of “costs” in court cases is often an enigma to clients. What are costs? When will you have to pay the opposing party’s costs?, and other similar questions.
Costs are awarded to the substantially successful party in civil…
Court Cannot Order Parties into Arbitration or Limit Child Support Variation Applications
In SSG v. SKG 2022 ABCA 379 Canlii, after a 26-day trial involving a high-conflict couple, the court made orders for a detailed parenting plan for two children, ages 9 and 10-years old, retroactive and ongoing child support payable by…
Misconduct and Lack of Contribution are not Grounds for Reapportionment of Property
In He v. Guo 2022 BCCA 355 the court considered whether a false immigration complaint levelled by Mr. He against his wife of 3 ½ years was a proper consideration for a 100% reapportionment of property owned by Ms. Guo…
SCORCHED EARTH LITIGATION: DETRIMENTAL TO CHILDREN AND A BURDEN ON SCARCE JUDICIAL RESOURCES
In a family law case that was described as a clear example of the need for judicial economy and consistency, which invoked the integrity of the administration of justice, the court acceded to the claimant wife’s application to declare findings of…
Discretionary Trust Does Its Job in Family Law Case
In Cottrell v. Cottrell 2022 the BC Supreme Court addressed the subject of discretionary trusts and how and when they are divisible as family property between separated spouses. The Cottrell’s began their marital relationship in 1994 and separated in 2017.…
Appeal Court Considers Role of Foster Parents and Customary Care Arrangements
A six-year old indigenous girl was the focus of the Ontario Court of Appeal’s decision in ML v. Dilico Anishinabek Child and Family Care 2022 ONCA 240 where the court considered whether the child’s caregivers since she was 8-days old…
An Exhausting and Ruinous Parenting Case: JM v. EM
It is sad, but true, that despite the best intentions of lawyers, judges and parenting experts, family law cases can go off the rails and careen into unexpected and destructive outcomes. J.M.v. E.M. 2022 ABCA 49 is such a case.…