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
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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Judge Remains Seized: Is That Ever an Error in Law?
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…
What to Do About Duplicate Divorce Filings?
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…
Can You Appeal An Interim Parenting (Access) Order?
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…
Court Cites Relevant Principles in Retirement and Spousal Support Cases
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…
Court Allows 68-Year Old to Retire Despite Spousal Support Obligation
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…
Canadians Spend Tens of Thousands on Spousal Support Court Cases
It has always been true that spousal support is one of the most difficult issues to resolve in family law cases. The introduction of the Spousal Support Guidelines in 2006 did provide some assistance by offering guidance to lawyers and…
60-Year Old Spouse Receives More Than 50% of Family Property Upon Separation
In Cook v. Cook 2020 BCSC 389 the issue was whether fairness, after a 38-year marriage, required a reapportionment of property in favour of Mrs. Cook, or compensatory spousal support. The parties were 60 and 61 respectively. The facts revealed that the…
Mother Ordered to Permit Children to Attend School Based on Covid Guidelines
Schools are open in British Columbia, but what if separated parents disagree on their children’s in-person attendance? That’s when the court steps in to make a decision and the parents waste money on legal fees, better spent on their children.…
Appeal Court Reviews Multiple Parenting Concepts: S. 211 Experts, Parenting Coordinators, Maximum Contact
This week the Court of Appeal had the opportunity to review and analyze a number of propositions related to the parenting of children, touching on s. 211 experts, parenting coordinators, final decision-making responsibility, and the Divorce Act’s principle of “maximum…