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Getting Divorced Before Everything is Worked Out

Topic: Blog, Family Law
June 13, 2017 by Carol Cochrane

There are times when a separated spouse may be eager to get a Divorce Order, even if all of the financial issues between the parties are not yet resolved.  I was recently involved in such a case and was successful in securing an Order granting my client his divorce, even though his wife’s claims for spousal support and an equalization payment had yet to be determined. The Family Law Rules indicate that a Court can sever off the claim for a Divorce Order from the other issues, but only if the Court is satisfied of two things: that the other spouse will… Continue Reading >>

Surrogacy Agreements: Important Considerations

Topic: Blog, Family Law
May 18, 2017 by Erika Young

Canadians are increasingly turning to assisted reproductive technology, such as surrogacy, to expand their families. This is because of the increasing availability of the technology, a rise in infertility, and the change in the make-up of families, including having children later in life and an increase in same-sex couples. If you and your partner are considering using a surrogate, or you have been asked to be a surrogate, it is important that you be aware of the significant legal implications and considerations of this unique arrangement. For example, did you know that under Canadian law, you are prohibited from paying… Continue Reading >>

What About the Kids, Indeed

Topic: Blog, Family Law
May 16, 2017 by Jim Jeffcott

My experience in working with families over many years is that they will always profess to have the interests of their children at the top of mind when dealing with the issues arising from their separation. Despite that assertion however, we spend a lot of time dealing with disputes involving children and parenting issues. Often the outcomes for the children are not ideal. My suggestion is typically that the parents consider speaking to a Family Relations Professional to address the parenting issues between themselves. I believe that they will be better served dealing with those issues with someone that has… Continue Reading >>

Surrogacy Fees: A Recent Development in the Law of Damages in Canada

Topic: Blog, Civil Litigation
May 11, 2017 by Tess Brown

   Canadian law is constantly evolving to reflect new realities, and the law of damages is no exception to that rule. The recent decision in Wilhelmson v. Dumma et al., 2017 BCSC 616 presents a perfect example of the ever-changing legal landscape, as it is believed to be the first ever Canadian case where surrogacy fees were awarded to a plaintiff as part of a cost of future care award. In the Wilhelmson case, the plaintiff, a 21 year old woman, was involved in a devastating high-speed crash which occurred when the defendant began speeding down a highway in the… Continue Reading >>

Eligible Dependent Claims and The Shared Custody Situation

Topic: Blog
April 19, 2017 by Carol Cochrane

A parent is able to claim the eligible dependent credit when they complete their Income Tax Return if the parent is single, divorced, separated and not supporting his/her spouse, and has a dependent child under the age of 19 who the parent is supporting. The ability to make that claim can allow the parent to realize some considerable tax savings. So if you are a separated parent with one or more children living under a shared custody arrangement, are you eligible to claim this credit? The answer is maybe…and only if you’re careful how you address your support payment obligations! The… Continue Reading >>