After 14 years of marriage and four children, between the ages of 8 and 14, Elisa and Christos Lekakis separated, and in July 2021 Ms. Lekakis filed a Notice of Family Claim. (Lekakis v. Lekakis 2023 BCSC 376). In January
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Ascertaining Income for Support Purposes: Adding Back Business Expenses
“>Georgialee A. LangThe Personal Portion of Business Expenses
A recent family law decision from the British Columbia Court of Appeal is instructive in regard to business expenses and their role in determining a party’s income for child and spousal support…
TWO KICKS AT THE CAN: APPEALING A PROVINCIAL COURT FINAL ORDER
Did you know that an appellant from a Provincial Court final order can have two “kicks at the can”, as an unsuccessful appeal to the British Columbia Supreme Court can be appealed to the British Columbia Court of Appeal?
A…
High-Conflict Parenting Case Applies Amended Rule 15 to Grant Stay of Trial Order
The Saskatchewan Court of Appeal recently considered Rule 15 of the Court of Appeal Rules, which formerly provided that the filing of a notice of appeal operated to stay the execution of the order under appeal. Effective as of Jan. 1,…
Can You Ever Achieve Finality in a Support Agreement?
In Sandy v. Sandy 2018 BCCA 182 the parties filed a consent order incorporating the terms of their settlement agreement which provided the wife with lump sum spousal support of $411,000. The wife later applied for and obtained a variation order awarding…
Is Expert Evidence Admissible on Interim Family Applications?
While expert evidence is typically presented at the trial of a family law matter, there are occasions when an expert report is necessary to support an argument on an interlocutory matter. Applications for parenting time, child and spousal support and…
Appeal Court Varies Agreement to Alleviate Unfairness Between the Parties
The Court of Appeal continues to deal with appeals involving challenges to agreements that were intended to settle all matters between the parties. In Dhaliwal v. Dhaliwal 2021 BCCA 72 the court considered whether after an eight-year marriage the parties’…
Relocation and Abduction Cases Continue to Confound Courts: Part 2
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…
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…