A recent British Columbia decision, Kohut v. Yagelniski 2026 BCSC 714, concerned the judicial review of a family arbitration award arising from a “last best offer” arbitration. The case presented an unusual challenge for both the court and the parties
Lawdiva's Blog
Lawdiva's Blog, published by Georgialee Lang Attorney & Arbitrator, focuses on family law and related legal issues, including child support, custody disputes, and litigation strategy. The blog discusses procedural challenges in family law cases, such as counsel availability and court order interpretations. It also covers appellate advocacy, arbitration, and mediation within family law contexts. The blog analyzes complex legal topics like income determination for corporate shareholders in support cases, Hague Convention abduction disputes, and tort claims such as conspiracy in family law. It provides commentary on significant court decisions and practical guidance for navigating family law litigation and dispute resolution.
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WHEN CASE MANAGEMENT DECISIONS BECOME CONSTITUTIONAL CHALLENGES: ECCLES v. ECCLES
In-person litigants Kelly Eccles and Justin Eccles are racking up more travel miles in Alberta’s Court of Appeal, following Ms. Eccle’s latest appeal…appeal number 7, but who’s counting?
Their latest foray, Eccles v. Eccles 2026 ABCA 154, follows a similar…
Separation Agreement Varied, Stay Denied in Multi-Million Dollar Case
After a 12-day trial that involved the setting aside of a separation agreement, based on Mr. Block’s failure to disclose his vast business interests, the trial judge made several property and support orders in favour of Deborah Ann Block, with…
Allegations of Judicial Bias Face High Evidentiary Bar
In yet another high-conflict case, Eccles v. Eccles 2025 ABCA 418, the Alberta Court of Appeal considered an appeal of a case management judge’s order, where the appellant mother sought to have the case management judge recuse himself on account…
Why Hire a Lawyer but Ignore Their Advice?
I could never understand why someone would hire a high-priced, hotshot lawyer but refuse to take their advice. It happens more frequently than you might realize, sometimes the result of an uneducated neighbour or friend, who after going through their…
WHEN DOES SPOUSAL SUPPORT END?
As retirement approaches, one of the most common refrains from elderly clients to their family law lawyers, is “when does spousal support end?”
Having finally completed their child support obligations, with the adult children now independent, the longing for a…
When Will Parental Alienation Lead to Reduced Child Support?
When does a parent’s deliberate obstruction of court-ordered parenting time justify the cancellation or reduction of child support? That question was addressed by the Supreme Court of British Columbia in K.A.N. v. N.L., 2025 BCSC 2477.
The litigation arose from…
Self-Rep Fails to Convince Appeal Court to Cancel $270,000 of Support Arrears
A case involving more than $270,000 in accumulated child and spousal support arrears highlights several recurring issues in applications for retroactive variation of support, including chronic non-compliance, evidentiary shortcomings, and the impact of significant arrears on both variation and appellate…
What to Do When Counsel is Never Available for Urgent Court Applications?
One of the recurring frustrations in family law practice is the increasingly common tactic where opposing counsel is mysteriously “unavailable” for any proposed hearing date. The pattern is familiar: counsel ignores written requests for dates, follow-up correspondence is required, and…
Court Provides Detailed Analysis of Income Determination for Corporate Shareholders
Justice Briana Hardwick of the British Columbia Supreme Court, formerly highly respected family law counsel, released her Reasons in S.D.N. v. E.G.N.,2025 BCSC 1994 on Oct. 10, a treatise on the determination of income of a party who is a…