PRACTICE AREA: Family

This excerpt from the updated Family Law — Property title examines Canadian law with regards to unjust enrichment and the presumptions of advancement and resulting trust

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How will the parents’ high-conflict relationship affect the determination to award custody and/or access, and specifically to award joint custody?

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Payments that wife received from annuity were properly treated as income for purpose of spousal support rather than family property.

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Father’s business travel and leisure abroad and large number of bank transactions created inference that father either had income abroad which was not disclosed or he was able to earn higher income

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Johnson v. Schubert (2018), 2018 BCSC 74, 2018 CarswellBC 77 (B.C. S.C.)

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Director of Child and Family Services apprehended child due to inability of mother to care for child

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D.W. v. Y.Y. (2018), 2018 BCPC 37, 2018 CarswellBC 367 (B.C. Prov. Ct.)

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Digest of the Week | Partition and Sale of Home

Father alleged mother had been negligent in regard to property and brought motion for order for sale of home before trial

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J.A.P. v. M.J.P. (2018), 2018 MBQB 1, 2018 CarswellMan 5 (Man. Q.B.)

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Parties had entered into clear agreement to use parenting coordinator with broad powers to assist them in parenting disputes, which was to include arbitral authority, if necessary

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Based on consensus of opinion of medical experts and witnesses, which was not contradicted by other medical experts, applicant did not have requisite capacity to marry respondent after accident

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Motion judge found that appellant did not have standing before court as result of his non-compliance with earlier order

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