Supreme Court Releases Important Decision on Standard of Interpretation

The Supreme Court of British Columbia has released an important new decision, Luu v. Wang, on the degree of competency required of those who interpret English-language affidavits being sworn by non-English-speaking deponents. The problem begins with the somewhat ambiguous provisions of Supreme Court Civil Rule 22-2(7) (Rule 10-4(7) of the Family Rules): "If it appears to the person before whom an affidavit is to be sworn or affirmed that the person swearing or affirming the affidavit does not understand the English language, the affidavit must...

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Your Computer, Your Separation and You

This post is about managing your electronic life after you and your partner have split up. Change Your Passwords Change all of your passwords to all of your electronic accounts. This includes your bank accounts, your ISP email account, your Hotmail, Yahoo and Gmail email accounts, your Twitter account, your blog and your Facebook accounts, and any other account you access through the internet. (Don't forget to reset the password to your computer, your phone and your voicemail while you're at it.) You will also want to change your telephone access...

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That's an Expensive Headache: Wife Receives Damages for Husband's Indifference

The Guardian has reported on the curious case of the French wife who sued for divorce based on, I assume, a violation of the duties of marriage under Article 242 of the French Civil Code. What makes the case interesting is the judge's decision to fine the husband 10,000 euros to compensate the wife for the particular violation complained of, namely "lack of sex over 21 years of marriage." Under the antique English common law, marriage came with an abundance of rights and duties. The husband had the duty to provide his wife with the necessities...

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New Legislation this Fall?

The CBC and Vancouver Sun report that Premier Clark has finally ended months of speculation, and a great deal of uncertainty following the HST referendum, and announced that she will not call an election this fall. This is a bit of good news from my point of view, since the fact that we'll be having a fall legislative session rather than a fall election significantly increases the likelihood that we'll see the introduction of a bill proposing new family law legislation for the province. The bill, if and when tabled in the provincial legislature,...

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Court of Appeal Issues New Practice Directives

The Court of Appeal has announced (PDF) a new set of Practice Directives and Practice Notices which will come into effect and replace the old set on 19 September 2011. Practice Directives and Practice Notes are special rules issued by the Chief Justice to govern aspects of court procedure not covered by the formal Rules of Court. Each level of court has it's own set of special rules like these. In the Supreme Court, "Practice Directions" are issued by that court's Chief Justice. The Practice Directions of the Provincial Court are issued by the...

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Damned if You Do, Damned if You Don't

The BBC and Los Angeles Times are reporting on a new study showing that both marriage and divorce increases the chance of weight gain. Not necessarily a tragedy, depending on your perspective on the issue and aesthetic preferences, but interesting nonetheless. The 22-year-long study showed that people who marry get plumper faster than those who don't, and that the likelihood of weight gain increases again on divorce. According to the study, marriage increased the chance of weight gain in women by 33 to 48%, while divorcing women had a 22% chance...

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How to Hire a Family Law Lawyer

All right, so you need a family law lawyer. That's too bad. Your question now is this: how do you go about finding and hiring one? Personal Referrals If you can, get a referral to one or two specific lawyers. People who can give you referrals include: family, friends and coworkers who have used a family law lawyer in the past (these people are also great for telling you who to avoid); accountants, business valuators and appraisers who have had professional dealings with family law lawyers; and, doctors, psychologists, therapists and counsellors...

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Provincial Court Reviewing Rules: Lawyers' Feedback Sought

The Provincial Court has issued a Notice of Consultation (PDF) announcing that a committee has been struck to review the Provincial Court (Family) Rules to ensure the rules will work with any new provincial family law legislation which may be passed, such as that proposed by last summer's white paper (PDF). In light of the opportunity offered by this review, the notice invites lawyers to provide their comments on how the current Provincial Court (Family) Rules could be improved generally. Comments are to be provided by email to Ms Erin Shaw...

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Stepparent Caught by Hole in Family Relations Act

Important Update: The Family Law Act was introduced on 14 November 2011 and contains a number of provisions which are critical to the comments made in this post. See my post "Family Law Act Introduced!" for more information. The Family Relations Act, British Columbia's primary law on domestic relations, is missing something very important: a triggering event for applications involving custody, guardianship, access, child support and spousal support. Nothing in the law restricts how soon an application on these issues can be made; in particular,...

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Law Society Approves Practice Guidelines for Family Law

The Law Society of British Columbia has endorsed a package of best practice guidelines (PDF) recommended by its family law task force with much input from a working group established by the Canadian Bar Association British Columbia. The impetus for these guidelines stems from the Family Justice Reform Working Group's 2006 report, A New Justice System for Children and Families (PDF), which recommended that: "... the Law Society of BC recognize the changing roles and duties of family law lawyers and develop a Code of Practice for Family Lawyers...

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Judge Forced to Name Child

The Daily Mail reports that a judge of the Family Court of Australia was put in the unenviable position of having to pick the name of a two year old child whose birth had yet to be registered as a result of her parents' squabble. Apparently, the child's parents split up before the child was born and couldn't agree on what name she should have. The father insisted on calling her by one name - and did - while the mother insisted on calling her by another - and did. Having been forced to decide the matter, the court acted in the manner of all commonwealth...

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Supreme Court Releases Decision on Foreign Divorces, Foreign Agreements and Effect of Foreign Law

The Supreme Court of British Columbia has just released its judgment in Sangi v. Sangi, a complex but important case which surveys the rules about when the courts of this province will recognize foreign divorces, how the court should evaluate the fairness of separation agreements negotiated under the laws of another country, and how the court should interpret and/or apply the laws of another country, along with a host of other matters such as: determining the credibility of a witness the drawing of adverse inferences following a party's failure...

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Prof. Thompson Digests BC Law on Mobility

Important Update: The Family Law Act was introduced on 14 November 2011 and contains a number of provisions which are critical to the comments made in this post. See my post "Family Law Act Introduced!" for more information. On 8 July 2011, Professor Rollie Thompson, one of Canada's leading academics in family law and a co-author of the Spousal Support Advisory Guidelines (PDF), presented a summary of the recent British Columbia case law on mobility issues at a conference organized by the BC Continuing Legal Education Society. Mobility issues...

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Court of Appeal Releases Decision on the Cancellation of Arrears of Child Support and Special Expenses

The Court of Appeal has just released its decision in Semancik v. Saunders, a helpful case which reviews and summarizes the law on many common issues relating to applications to cancel arrears of child support and the payment of children's special expenses. Here are the highlights of the court's review of the law: Under s. 96 of the Family Relations Act, the court may only reduce arrears of child support if it would be "grossly unfair" not to do so. A 1999 decision of the Supreme Court called Earle v. Earle held that this requires an applicant...

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New Amendments to the New Rules

An Order in Council (PDF) came into effect on 26 May 2011 amending the published version of the Supreme Court Family Rules and the forms prescribed by the rules. The rules and forms, as amended, will be in force on 1 July 2011. The changes to the rules are mostly fairly minor: Rule 7-1: The JCC rule is amended to provide that the tape recording of a JCC may not be accessed except by court order. Rule 14-5: The rule which requires a trial to be removed from the trial list if Trial Certificates are not filed is amended to give the court some discretion...

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Court Rules and Court Forms Online

Here's a handy table of links to the rules and forms for British Columbia's courts, including the Supreme Court form templates available from my website. Bookmark this link to return to this page as a quick reference.Provincial Court of British Columbia Legislation Provincial Court Act Court Rules Act Rules Provincial Court (Family) Rules Family Matters Practice Directions General Practice Directions Forms Court Forms from the online rules fillable Court Forms from the Attorney General's website (PDF format) Examples of what the more common...

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Cut-and-Paste Guardianship Definitions

Important Update: The Family Law Act was introduced on 14 November 2011 and contains a number of provisions which will affect the law on guardianship. See my post "Family Law Act Introduced!" for more information. I have posted the Joyce and Horne models of joint guardianship, adapted for joint custody under the Divorce Act and shared parental responsibilities under the Family Law Act, to the blog of Courthouse Libraries BC. In family law, guardianship is the right to participate in parenting a child. A guardian usually has the right to get...

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Legislature Resumes Sitting

After a modest delay (since June 2010, I believe) the provincial Legislative Assembly has resumed sitting, as the 3rd Session of the 39th Parliament. Judging by the media coverage, like this article from the Victoria Times Colonist, discussion about the HST referendum will occupy a significant amount of the legislature's time. There's something else to look out for, however... the bill which introduces a new Family Law Act, the legislation suggested in last summer's white paper. If the Family Relations Act is going to be replaced, it's going to...

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Acroynms and Abbreviations Explained

Here's a brief guide to some common legal acronyms and abbreviations used in family law matters. A.C.J.: short for "Associate Chief Justice" in the superior courts or "Associate Chief Judge" in the Provincial Court A.G.: the Attorney General A.N.: Administrative Notice, a procedural advisory to be read with the Supreme Court Family Rules B.C.C.A.: the British Columbia Court of Appeal B.C.P.C.: the British Columbia Provincial Court B.C.S.C.: the British Columbia Supreme Court c.: short for "chapter" C.F.C.S.A.: the Child, Family and Community...

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Introduction of Family Law Reform Bill to be Delayed

Attorney General Barry Penner made a statement yesterday that a bill proposing new family law legislation will not be introduced in this legislative session. The fall legislative session, the next opportunity to introduce the bill, will commence sometime in September or October. The bill, if and when it is tabled in the provincial legislature, will be based on the white paper (PDF) released last summer, although the government has not indicated the extent to which the draft legislation will resemble the Family Law Act described in its discussion...

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Malta Votes to Legalize Divorce

The Times of Malta has reported the results of a national referendum on the issue of divorce. With 72% voter turn out in this staunchly Catholic country, the pro-divorce Divorce Movement (slogan: "Give Love a Second Chance") has prevailed over the Nationalist Party government (slogan: "Jesus Yes, Divorce No") with 52% of the popular vote. Prime Minister Gonzi has said that the results would be respected and government will introduce legislation to enable divorce. Malta is the last European nation to legalize divorce. Yay, Malta! You can find a...

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Court of Appeal Releases Decision on Capacity

On Friday, the Court of Appeal released its decision in Wolfman-Stotland v. Stotland, a case about the mental capacity required to obtain a declaration of irreconcilability. There have been a number of cases like this over the last few years, and I expect that as our population ages, cases on other elder law issues will become increasingly commonplace. In Wolfman-Stotland, the parties were both in their 90s and each had lived in a separate assisted living facility for several years before the wife commenced proceedings in June 2010. In October...

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Law Week Wraps Up Saturday With Free Legal Advice

Law Week, the Canadian Bar Association's annual celebration of the signing of the Canadian Charter of Rights and Freedoms, wraps up on Saturday 16 April 2011 with Dial-a-Lawyer Day. Call between 10am and 2pm to speak to a lawyer for free legal advice at the following numbers: Family Law: 1-855-326-4529 Employment and Labour Law: 1-855-367-5529 General Law (English language): 604-687-3221 or 1-800-663-1919 General Law (Chinese language): 604-687-3404 or 1-888-687-3404 I'll be one of the lawyers on the line; feel free to call and say ...

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Jurisdictional Disputes in the Supreme Court

I was reminded yesterday of the interesting provisions the new Supreme Court Family Rules make for challenging the court's jurisdiction over a claim or a person, or the adequacy of service. Here's a summary. Under Rule 18-2(1), if you've been served with a Notice of Family Claim or Counterclaim and believe that the British Columbia courts don't have jurisdiction or if you believe you were served improperly, you can file and serve a Jurisdictional Response in Form F78. A Jurisdictional Response lets everyone know that you have a fundamental problem...

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Justice Education Society Launches Online Parenting After Separation Program

On 21 March 2011 the Justice Education Society, formerly the Law Courts Education Society, launched an online version of the Parenting After Separation program, available through the Families Change website. I've taken a look at the online PAS program and it's a pretty impressive effort. Even more impressively, JES says that they're expecting to have a similar online program available in Punjabi and Cantonese or Mandarin by the end of April. The PAS program is a mandatory part of the court process in the Abbotsford, Campbell River, Chilliwack,...

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Public Commission on Legal Aid Releases Report

The Public Commission on Legal Aid in British Columbia, a joint project of the Law Society of British Columbia and the Canadian Bar Association British Columbia, the Law Foundation and other groups, has released its Final Report (PDF) today. In this report, the Commissioner, prominent Vancouver lawyer Len Doust Q.C., summarizes the history of legal aid in this province, from its establishment in the early 1970s to the critical budget cuts which began under Gordon Campbell's stewardship in 2002, the evidence gathered since the commission was established...

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Supreme Court of Canada Clarifies Unmarried Property Claims

Important Update: The Family Law Act was introduced on 14 November 2011 and contains a number of provisions which are critical to the comments made in this post. See my post "Family Law Act Introduced!" for more information. The Supreme Court of Canada has just released an important decision updating the law on property claims brought by unmarried parties. The decision caps a recent trend to expand the meaning of "juristic reason" in the context of unjust enrichment claims and clarifies the calculation of compensation where unjust enrichment...

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