On November 23, 2023, Justice Myers presided over a high-conflict estate case, Rai v. Rai 2023 ONSC 7182, where the applicant identified 23 heads of relief, against five parties, including the Public Trustee, and sought orders for the revocation of
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.
Latest from Lawdiva's Blog - Page 5
Anachronistic and Stereotypical Ontario Cases Rejected by BC Court
After five years together, the parties in McCann v. Barens 2023 BCSC 2000 separated on Sept. 15, 2015, and Shaune Barens obtained a protection order against his wife, Jennifer McCann, on Sept. 23, 2015. The protection order was renewed on…
Court Denies Application for Limited Transcripts for Family Law Appeal
In JP v. KS 2023 BCCA 408 the court considered whether the registrar of the court had erred by denying JP’s application to submit limited portions of the oral transcripts from the court below for his family law appeal. The…
AVOIDING TRIAL BY AMBUSH
The problem? A 15-day family law trial with the claimant calling 21 witnesses. The answer? A trial management conference to discuss the trial process and review evidentiary issues.
In Bartch v. Bartch 2017 BCSC 1625 the parties attended such a…
Social Media: Free Speech? Defamation?
It is not unusual for parties in high conflict divorce to use social media, such as Facebook, Twitter, or Instagram to gain support for their cause or vent their frustration with their spouse or the court system, particularly when children…
Scam/Spam Legal Awards: Lawyers and Clients Beware
This post is directed to both lawyers and clients who wonder whether the “Awards” boasted by their favourite law firm or lawyer are legitimate or whether they are “scam”, ego, or pay-to-play awards.
One good example is found in the…
Duplicity and Deception Abounds: Shen v. He
After a 10-day trial, Justice Ward Branch mused that the marital and financial relationship between Ying Zi Shen and Rongren He was likely designed, in whole or in part, to mislead Canadian immigration authorities and/or Chinese currency regulators, a reasonable…
Challenge of Varying a ‘Vague’ Spousal Support Agreement
“>Georgialee Lang
The starting point for an application to reduce or terminate spousal support and cancel arrears is an examination of the original order or agreement, to allow the court to determine whether the support paid satisfies the objectives of…
ARBITRATION APPEAL: Sorting out the standard of review and section 9 of the Child Support Guidelines
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…
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…