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British Columbia's Family and Immigration Law office located in Kelowna, British Columbia, Canada
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Immigration Law Canada: Which Family Members may come with me?

A brief overview of relatives that one may sponsor to immigrate to Canada.

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Immigration Law Canada: What happens if I wish to sponsor a person who has a criminal record from outside of Canada?

A discussion about sponsoring a person who has a criminal record originating from outside of Canada.

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Primer on Bankruptcy in Family Law Cases

Primer on the issue of bankruptcy in a family law case. DIscussion of "Triggering date"; family relations act; family law act; bankruptcy and insolvency act; trustee in vankruptcy; financial restraining orders.

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"Reapportionment" of the Increase In Value of a Company

The court considered the question of reapportioning the increase in value of a company in the case of Kuhlberg v. Hall, 2015 BCSC 2230 (CanLII).

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UPDATE on the Issue of Whether a Transfer of Otherwise "Excluded" Property Into the Name of the Other Spouse Extinguishes the Ability to Claim the Exemption

In the case of Shih v. Shih, 2015 BCSC 2108, the Court opts to follow the approach as set out in Remmem and P.G. and declines to follow the case of Wells and V.J.F.

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Proving "Excluded Property"

Section 85 (1) of the Family Law Act provides what is "excluded" family property. Section 85 (2) of the Family Law Act provides that "A spouse claiming that property is excluded property is responsible for demonstrating that the property is excluded property." The case of Shih v. Shih, 2015 BCSC 2108 (CanLII) provides guidance as to the type of evidence one must provide to the court in order to prove an exclusion.

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Corporations/Business Interests and Family Law - Part 1

The method in which the court treats corporate interests / business interests in family law is complex. Generally speaking, a corporation is treated as its own separate entity and has its own legal identity. This means, practically speaking, the corporation is its own person.

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How are Debts Treated Under the Family Law Act?

Under s. 86 of the Family Law Act, debts existing at the date of separation are considered "family debt" and are to be divided between the spouses. All debts that were incurred by one spouse after the date of separation are not considered "family debt" and are not to be divided between the spouses unless the debt was incurred for the purpose of maintaining "family property".

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How Does the Court Consider the "Threat of Future Harm" to a Child?

The standard of proof in civil cases is the "balance of probabilities". Conceptually, this means that if you can convince the court that the alleged event occurred with a 51% probability, then you should be able to succeed.

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What Is The Meaning of "Parent Apparently Entitled To Custody" Under The Child, Family and Community Service Act?

When the government intervenes in order to protect a child, the government acts under the authority of the Director of Child, Family and Community Service Act (the "Director").

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"Custody" Under the Divorce Act

The term "custody" is not defined in the Divorce Act. Rather, the term is defined in the case law.

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Summary of "Spousal Support Under British Columbia's New Family Law Act: A Preliminary Analysis" By Susan Boyd and Catherine Whitehead

Appearing in the January 2015 edition of "The Advocate" is the article by Susan Boyd and Catherine Whitehead, "Spousal Support Under British Columbia's new Family Law Act: A Preliminary Analysis". The authors state that there have been at least 30 decisions dealing with the issue of Spousal Support under the Family Law Act. There have not been any appellate decisions as of yet. The authors review 11 of these decisions, which in their view, are representative of the case law to date and because the cases extensively grapple with the the Spousal Support provisions in the new legislation. The authors come to the following conclusions: ...

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Relocation / Mobility / Change of Child's Residence Under the Family Law Act

Q: Am I able to move somewhere else with my child? Do I have to inform the court of my intention?

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Q: Is There Such Thing as a "Legal Separation"?

Q: Is there such thing as a "legal separation"?

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Family Violence and Protection Orders

In any separation, the court is generally most concerned about preventing Family Violence and ensuring that the children's well being is protected. "Family Violence" is a defined term in the Family Law Act.

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A Basic Primer on the Division of Family Property

The division of Family Property in British Columbia is governed by the Family Law Act. The framework is the same for common-law couples (i.e., have lived together in a marriage-like relationship at least 2 years) and married couples.

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The "Basics" of Care of the Children

The Divorce Act deals with theses issues using the terms "custody" and "access". However, the term "guardianship" is used on the case law (i.e., the cases interpreting the Divorce Act). The Family Law Act deals with these issues using the terms "guardianship", "parenting time", "parenting responsibilities", "parenting arrangements", and "contact". It is important to note that the terms under the Divorce Act do not mean the same thing as the terms under the Family Law Act.

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The "Basics" of Spousal Support (Alimony)

The truth is that there is little that is "basic" about Spousal Support (alimony). This post attempts to explain the basic mechanics of how to determine whether you should make claim for spousal support. Spousal support is made up of the following components: entitlement; amount; and duration.

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Child Support at its Most Basic

Determining the amount of child support payable is accomplished by following various steps which look at eligibility of support, payor determination, gross annual income calculations, relationship between income and number of children.

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