#Common Law Agreement Lawyer British Columbia

[freedomfamilylawsblog]

Top Prenuptial Agreement Lawyer Services in Vancouver

Secure your future with top prenuptial agreement lawyer services in Vancouver. Trust Freedom Family Law for expert legal advice and personalized service. For more information, you can visit our website.

[thxnews]

UK Unveils Future: Digital Justice System

A comprehensive and aspirational vision for the future of the family and civil courts and tribunals as outlined by Lord Chancellor the Rt Hon. Alex Chalk KC MP. Thank you very much for coming, delighted to be here… It isn’t often that we manage to bring our civil, family, and tribunal jurisdictions – and their leaders – together under one roof, so it’s wonderful to see you all here today. It has been clear for some time that for those needing the protection and vindication of the law, the world has changed dramatically in the last 15-20 years. When I began in practice in Kieran Coonan KC’s common law set, most people would take their legal problems straight to a lawyer – and the first part of any conference with the client could involve explaining some relatively rudimentary issues about how the system works. What can courts do? What can’t they do? What is an injunction? And so on. Now, because of the internet, putative litigants can very often know, or appear to know, a great deal more. The problem is that information however faithfully collated may be confusing, conflicting – or even plain inaccurate. I have had constituents come to me presenting their understanding of a legal problem, only for me to discover that it is based on an entry summarising the law of New Zealand. This issue isn’t limited to the law. Earlier this year, as Minister for Defence Procurement, I stood in the Mojave desert alongside US, Australian, and British commanders observing a combined arms attack. Buzzing above were drones and sensors, from different nations, each feeding back information. What was striking was the universal agreement amongst the commanders, that the issue is not about acquiring data – the issue is making sense of it. Information overload is an acknowledged risk factor for those in a stressful battlefield context, not least because of the sheer amount of duplication. It is for litigants too. The confusion can be doubly damaging because when it comes to those seeking what they assume is their courtroom remedy to resolve a dispute or uphold their rights, very often the right advice is to steer well clear of litigation. And yet too often in the miasma of information, many miss out on mediation or arbitration. That means missing out on the mechanism that could help parents make arrangements for their children, or for their finances, without the acrimony and heartache that all too often accompanies contested litigation. So if the exam question is ‘How to vindicate rights in an age of big data?’ it’s no wonder that countries around the world are wasting no time in developing answers. In Estonia, chatbots help people to find court resources. The Canadian province of British Columbia runs an online civil tribunal. In Singapore there is a guided questionnaire on their courts service website to help people navigate the legal system, with an automated digital tool to help prepare documents. If users run into an issue, a service hub can help with in-person assistance. The UAE has set up the world’s first digital economy court in Dubai, specifically to resolve digital disputes. These are all important developments, and we no doubt have much we can learn from our friends and (let’s face it) competitors. But we should take quiet pride too in the fact that no other jurisdiction is taking such a holistic approach to digital justice, one that focuses both on the individual using the system and the organisations that make up that system. Nor has any other country established an Online Procedure Rule Committee to set standards and govern their digital justice system - in itself a genuine leap forward. So this is a really special moment. Today, with the Lady Chief Justice, Master of the Rolls, President of the Family Division, and Senior President of Tribunals, we set out a shared vision for the future - one that brings together the advances we’ve made over the years for the first time and charts a course for the future. This will be a Civil and Family Justice and Tribunals system where people will have the option to choose dispute resolution which is online from start to finish – with a seamless transition from one part of the system to the next. A system that tells litigants what they need to do and when, so they can make fully informed choices. It will provide better and earlier legal support by harnessing technology. Lawtech is already transforming our legal system – and we will build on that by exploring safe and appropriate uses of artificial intelligence. We’ll enable people to resolve their problems earlier dialling down conflict and reducing cost, through mediation or online dispute resolution. Where that isn’t successful, we’ll make it straightforward to take the next step of taking a case through the courts or tribunals. And we’ll do that by encouraging and building online and offline connections between different parts of the system – while making sure that people’s data is held and transferred safely. This modern, digital justice system will be underpinned and governed by the Online Procedure Rules Committee - the plumbing and the wiring of this new legal architecture. It marks the most important departure since the introduction of the Civil Procedure Rules in 1999, an era where the internet was in its infancy, and where much of the technology we use today – blockchain, smart contracts, AI – seemed like science fiction. There have been other reforms since, of course, but, 24 years on, the creation of a Committee to set standards and governance for a truly end-to-end digital justice system is an historic moment. We hope these crucial data standards will be adopted by you, the organisations who deliver critical information, support, and dispute resolution services to the public. And we want as many of you as possible to join the conversation as the Committee develops those standards, as part of its sub-committees. I know Sir Geoffrey will talk in more detail about this later, and we’ll hear directly from Committee members about this vital work shortly. Of course, none of this innovation is happening from a standing start. It’s worth saying a few words about the context. Tech has proven itself our ally in the pursuit of justice for all, not least toward the work to digitise the court system through our court modernisation programme. More claims are being made digitally online, and more quickly too. Take our new digital services, which have been used over 2 million times, including 400,000 Online Civil Money claims resolved so far. Or the Official Injury Claim portal, which provides swift, simple access to justice for those in minor car accidents and has been used by over 635,000 users to date. And we can credibly be said to be at the leading edge of law tech globally – investing millions in LawtechUK to grow the sector and embrace innovations like AI. It matters for two reasons: the strength of our economy and the fairness of our society. On the former, it isn’t by good luck that English and Welsh common law is used as the basis for over a quarter of the world’s 320 legal jurisdictions. Or indeed that businesses worldwide choose our law to govern their contracts, and our courts to settle their disputes. It is because of design, and relentless modernisation to stay current. Those who stand still, in reality, fall behind. And the success of our justice system over the centuries has been characterised by its ability to evolve to meet the changing needs of our citizens, while never losing sight of its defining principles. The digital future I’ve set out today will make our courts more attractive and accessible to litigants overseas - reinforcing our world-leading reputation so that we can say with confidence that the best for this jurisdiction is yet to come. As for values, the fairness piece. A nation of laws must be one nation of laws, where access to legal remedies isn’t the preserve of those with the deepest pockets. So we will enshrine our values in our digital systems, not least that individuals – no matter who they are or whatever their means - should be able to vindicate their rights. These principles of fairness and equality under the law must apply as much to the small trader and the constructively dismissed supermarket employee, as they do the multinational behemoths. In doing so, we play our part in cementing and enhancing our contribution to the international rules-based order. So, I want to thank the Lady Chief Justice, and Master of the Rolls for their continued leadership and energy as we move forward with this bold vision. The undertaking is ambitious but that is a good thing. That ambition will best be fulfilled by working collegiately - with you, our judiciary, legal profession, dispute resolution, advice, and tech sectors. Your wealth of knowledge and expertise are essential, as we continue to iterate and evolve. But I feel sure you will be contributing to something very exciting indeed. Thank you once more for being here, I hope you enjoy the event.   Sources: THX News, Ministry of Justice & The Rt Hon Alex Chalk KC MP. Read the full article

[lawyerserving456]

A Whole Information To Rental Property Tax Deductions In Canada

Here are the highest 10 of probably the most outrageous tax deductions that we have seen ourselves or heard from different accountants. No, in case you are disagreeing with having to pay spousal help or want to have it decreased, you don't get to deduct the legal fees you spend fighting deduct legal fees spousal help. Yes, solely in conditions where you are receiving spousal support, you'll be able to deduct the legal fees you've paid to pursue spousal help in British Columbia. In quick, whether you're a rental property owner, an investor or a self-employed employee, the necessary thing is to be well knowledgeable.

Contingency fees are not permitted in household law circumstances involving child custody or access. They are permitted in different forms of family legislation instances, but legal fees tax deductable have to be permitted by the courtroom. Retainer is a sum of cash you pay to your lawyer as a deposit for the companies the lawyer will carry out for you and the expenses the lawyer will incur in your behalf.

For a vast majority of our circumstances, we don't require an up-front retainer. Examples include embrace wrongful dismissal instances, negotiating severance packages or settling a disability claim. We recuperate our prices by charging you a percentage of the settlement we secure for your case. Examples of money shortages, loss of property embody failure to collect fee such deducting legal fees as walkouts in a bar or restaurant, gas-and-dash at a service station, or breakage in a restaurant. Under the Occupational Health and Safety Code, employers are required to supply respiratory protecting gear to workers when wanted. For other forms of PPE, employers should ensure that staff use the equipment (that is, doesn't stipulate that the employer should provide).

It may sound biased coming from me, but I recommend that you just obtain financial recommendation before finalizing any agreements to ensure you understand the long-term money circulate issues, in addition to the tax treatment. Generally, the legal fees you pay while making an attempt to make child support payments non-taxable are deductible. In addition, your legal fees from attempting to collect assist payments owed by a present partner, former spouse, common-law companion or the natural mother or father of the child are also deductible. If you incurred legal fees for the purpose of amassing, receiving, or securing youngster help or spousal help, you can declare those legal fees as a deduction at line 221 of your earnings tax return.

Current expenses made on a property will solely apply over a 12 months, particularly the yr the present expense was made. Capital bills, from another point of view, must be damaged down distinctly and incurred over multiple year. Rental property house owners must have the deduction of legal fees power to comprehend how certain expenses translate into deductions. Making the proper deductions based on the expense will make sure that they file their property taxes properly. Most landlords additionally spend cash on ads for their properties to draw more tenants.

[lmlaw]

New Family Law Act

A conduct order might, for instance, cease a party from submitting repetitive applications that misuse the court docket course of, tell a celebration to attend a counselling program, or say how and when events should communicate with one another. If the child support service is unable to make a calculation decision on a assist software that has been forwarded to it, the family law act kid support service must return the support application to the designated authority, who must then file it with the Manitoba court underneath subsection . A provision in a wedding contract or cohabitation agreement respecting the right to decision-making accountability or parenting time with respect to children is not enforceable in Ontario. R.S.O. 1990, c.

You may also want to view our presentation on the modifications to the Divorce Act. This discourages reporting somebody to achieve a brief advantage or out of spite, and it removes the necessity to instantly make an almost-certainly untimely courtroom application to restore parenting time while an investigation is on-going, which is prone to fail. It saves each parties money, but also saves valuable court docket time and taxpayer assets by allowing events to be extra patient with the method. Though s. 211 reports are ordered by a judge, it’s essential to grasp that these stories aren't paid for by the courts.

Part 9 of the Act deals with safety orders that can restrain a family member from speaking with, following, or going near another member of the family, or from possessing weapons. These are discussed first. The Minister of Justice may set fees for the purpose and administration of this Act. Generally to offer effect to the aim of this Act. Matters underneath this Act that are heard in the Trial Division could additionally be ruled by the Divorce Rules of the Supreme Court of Newfoundland and Labrador or the Rules of the Supreme Court, 1986, with the required modifications. An order for help underneath this Part may be enforced beneath the Support Orders Enforcement Act, 2006.

One facet of the brand new Québec law has been questioned, nevertheless, and that's the tendency to delegate discretion to courts instead of to individuals. For instance, a minor who needs to marry will, sooner or later, ask the court docket and not his dad and mom for permission. A one that recordsdata a doc for the primary time in a proceeding should provide information to the family court officer by which the family courtroom officer or a party might contact either family law act the individual or counsel who represents the person. Anson v. Anson, , 10 B.C.L.R. 357 (Co. Ct.) for a dialogue of custody and guardianship). For probably the most part, the idea of guardianship issues matters regarding the parenting of children and contains the right to direct the kid's well being, training, education or faith, and to be consulted and procure info from third parties related to those issues.

Vancouver-based family lawyer Kendra Ashton says if the man within the videos breached a safety order, police had grounds to arrest him. The term “spouse” is defined in one of two ways. A spouse is somebody who's married to the sufferer or someone who cohabitated with them constantly for no less than three years.

One of these worldwide treaties is the Hague Apostille Convention, which creates a common process of authenticating international documents. The Government of Saskatchewan strives to safeguard the best pursuits of youngsters and implement laws that improves the lives of families in our province. Whaley Estate Litigation represents surviving spouses, property trustees, beneficiaries, and others in Family Law Act elections and different claims by surviving spouses. A abstract of the model new legal guidelines is available here if you have associates, family, or property in British Columbia. Parental alienation and estrangement are distinct ideas.

Compares federal, provincial, and territorial legislation. Any civil or felony proceeding, order, situation, or measure that's related to the safety, safety and well-being of the child. Please observe, nevertheless, that we can't family law act interpret the data to apply it to a particular situation. 16 of the DA additionally units out that the best interests of the kid is the one consideration.

It is a priority for CBC to create an net site that is accessible to all Canadians together with individuals with visible, listening to, motor and cognitive challenges. But as Ashton notes, protection orders aren't a assure. A CBC investigation discovered that a minimum of 36 Canadians killed by their partners between 2015 and 2020 had court-ordered protection against their abusers. Vancouver police say that is exactly what happened in the Trout Lake arrest last week when the man's former partner reached out to inform them he had breached his bail situations and a safety order. If someone disobeys a safety order, a victim can name police to tell them, and police can act immediately to implement the order by issuing an arrest warrant.

[debousquetlawyerservice]

What Happens if My Employer Ends My Employment Contract Early?

What happens if my employer ends my employment contract early? It's a common scenario: you're working hard at your job, establishing a good relationship with your boss and his or her employees, when suddenly you get a phone call from your employer informing you that you're being laid off. The timing couldn't be worse. 

You've done all the things you were supposed to do, you're happy in your position and on good terms with your boss and other colleagues, and all the work you've put into building up your career is about to be taken away from you. If you're wondering what happens next, read on.

What happens if I'm laid off from my job is fairly common. In fact, statistics say that nearly half of all employed people in Canada have been laid off at one point in their employment history (which means they were officially unemployed).

However, there are many differences between being laid off in one Canadian province or territory and another. For example, Employment Law in Ontario differs from that of British Columbia, Ontario, and Quebec. Therefore, depending on where you are employed in Canada, it's important that you know what the Employment Law in your province is like so that you know what to do if you're laid off.

One thing you should be aware of is that, if you've been in a position that you know is likely to result in your being laid off, you have certain rights to protect yourself from an employer who just decides to terminate your employment contract early. First, if you're considering filing a complaint for unfair dismissal or other charges relating to being unfairly dismissed, you should make sure to speak with an employment lawyer in your city or town. De Bousquet in Toronto can help you build a case by going over the documentation you have compiled related to your position, your employer's actions, and anything else that might prove relevant as proof that you were unfairly dismissed. This documentation can include things like a written statement from your employer that states why you were let go, documented proof that your job was terminated, official documentation from an employment tribunal or review board, etc.

If your position was terminated due to your violation of company policy, your contract may entitle you to unemployment benefits. In Ontario, this is usually referred to as "workers compensation." However, you should make sure to read your employment contract very carefully before signing it, as some parts of it may be deemed unlawful or void by the Ontario Human Rights Code. In addition, your contract could also be declared invalid if you signed it without having your attorney's advice. It's always a good idea to get legal advice before entering into any agreements, even before you hire a lawyer to help you out.

If your position is terminated due to your employer's gross misconduct or serious misconduct, your employment contract may entitle you to back pay, called redundancy pay. This is usually the case whenever your employer uses inappropriate performance standards, which negatively impacts performance and results in your being laid off. You might also be entitled to statutory unemployment benefits (these are not government benefits; they are actually provided by the government) once you are laid off. Employment law experts will inform you that the amount of money you will receive depends on many factors, including the length of time you have worked for the company, how many years you have been employed, and your age at the time of dismissal. For more detailed information, contact a worker's compensation lawyer.

What happens if I am asked to complete reexamination or training after being laid off? Your employment contract will provide details about what you will need to accomplish in order to complete your reexamination or training. It is important to know whether you are legally allowed to pursue these activities. Some employers require their employees to take a reexamination or training as a condition of being laid off.

What happens if my employer terminates my employment contract early? Most employment contracts specify that once your employment contract is terminated, you cannot terminate your employment without just cause. This means that you cannot be terminated because you asked for a transfer, requested a transfer to another department, or were promoted to a higher position. If you are being laid off, this is usually interpreted as "just cause."

What happens if my employer does not abide by their employment contracts and terminates me? In most countries, your employment contract contains specific termination procedures. This means that your employer cannot just fire you without giving you a chance to appeal the termination decision. In addition, your employment contract may state that you are entitled to reasonable notice before your employment contract ends. Your rights may also include filing complaints with the employment tribunal.

[ngsidhufamilylawyers]

Divorce Lawyer in BC: What to Consider if You're Considering Divorce

Divorce is a big decision, and if you're considering it, you'll want to know what to expect – from the legal process with a Divorce Lawyer in BC to the financial and emotional toll it can take. It will go over the basics of divorce law in British Columbia, as well as some of the things you'll need to think about before you make a choice. So read on for information that can help make this difficult time a little bit easier.

Family law: Issues

The legal subject of family law is concerned with family rights and duties. After a relationship ends, dealing with families becomes an essential component of family law. When Couples Divorce, they are confronted with several issues, including:

who gets what property,

how parents will take care of their children

how the children will be financially supported, and

if one spouse gets financial support from the other.

Laws regarding adopting and protecting children also fall under family law.

Laws that apply

In the Supreme Court, married spouses can use the Divorce Act, a federal statute. This bill covers Divorce, child custody, and financial concerns.

The Family Law Act is a provincial law utilized by married and "common law" couples. A common-law couple lives together in a marriage-like setting for at least two years but is not married. Passed in 2005, the Family Law Act is the statute that regulates family law in Canada. This statute gave common law and married couples equal rights and duties. This law can be used in both Provincial and Supreme Courts. In it, parents bond over property and finances.

What to do if you're considering a divorce?

If you're considering a divorce, the first step is to talk to someone. You can speak to a friend, family member, or therapist. It's also a good idea to talk to a divorce lawyer to get some advice about your specific situation.

Choose the right divorce or child support lawyer for you:

When looking for a divorce lawyer, it's essential to find one you feel comfortable with. You'll be working closely with your legal counsel during your divorce, so it's necessary to find someone you can trust.

When you're looking for a divorce or child support lawyer, here are some things to keep in mind:

Look for a divorce lawyer who specializes in family law.

Ask around for recommendations. Friends and family members may have legal counsel they recommend.

Make sure you feel comfortable with the legal counsel. They should open up to you and be honest with you about everything.

Find out how much experience the divorce lawyer has with divorce cases.

Ask about fees and billing arrangements. Will, the divorce lawyer, charge an hourly rate, or will there be a flat fee?

Get a written agreement outlining their fees and services.

What to expect during the process

Filing for Divorce in British Columbia begins with submitting the Notice of Family Claim to Supreme Court. To get divorced in Canada, whether it's in BC or anyplace else, you'll need a court order. You must submit a petition to the British Columbia Supreme Court to obtain a divorce in BC. Your divorce cannot be granted by the Provincial Court of British Columbia.

The divorce procedure in British Columbia may be contested or uncontested. A contentious divorce implies that your former spouse is challenging the split. An uncontested divorce indicates that your ex-spouse is not fighting the breakup.

Reasons for the Dispute

There may be reasons why your spouse opposes the divorce filing in British Columbia. You could not have dealt with, for example:

issues with parenting, guardianship, or custody

spousal or child support, or the division of assets and debts.

It's also possible that your ex still loves you and hopes you'll get back together. Don't worry if it's the case. In British Columbia, Divorce based on separation alone is sufficient ground to obtain a divorce. If you do not have a proper child support arrangement in place following the Federal Child Support Guidelines, the court may refuse to grant you a divorce. The Divorce Act (Canada) states that if you do not have an acceptable child support arrangement in place according to the Federal Child Support Guidelines, the court can reject your divorce application.

Options for Resolving the Outstanding Issues

There are various methods to resolve your outstanding concerns to get divorced in BC. The possibilities are determined by your relationship with your ex and the severity of the issues involved.

Kitchen table agreement: the spouses exchange financial disclosure and agree on the basic terms themselves. The spouses then provide these terms and the financial exposure to their respective divorce lawyers. Each one offers their client independent legal advice on disclosing and agreed-upon words.

Mediation: married couples seeking a divorce or domestic partners seeking separation employ this voluntary settlement method. Divorce mediation gives teams the option to plan their futures rationally and in an atmosphere of cooperation and mutual respect.

Court: your divorce case must be filed with the court. The papers will ask that your marriage be dissolved, and for any other relief you may seek, such as spousal support, property and debt division, a restraint on the dissipation of assets, custody, visitation, child support, and family lawyer's fees.

Once you've decided what your initial action will be, we strongly advise you to consult with a knowledgeable family lawyer to discover what your legal rights are. Before signing anything, see a family lawyer. You want any settlement or allegations you make in court to comply with the law.

After Settlement, what happens next?

Congratulations! The more complicated part is now behind you. Now it's time to move on to the simple but nonetheless crucial portion of the case: divorce filing in British Columbia! Take note of the following for an uncontested or desk order divorce:

Prepare a Notice of Family Claim. Then choose Divorce and fill out Schedule I of the Notice of Family Claim, which is called a "Notice of Family Claim." Bring your genuine marriage certificate to prove your marital status. Fill in the correct schedules if you want more than Divorce.

Registration of Divorce Proceedings form. Ensure you type this form, as the registry does not accept handwritten copies.

After completing the two forms:

Take the original signed Notice of Family Claim and at least one copy to the court registry nearest you and submit it.

Pay the filing fees. The registry will return a copy but retain the original.

Submit the completed Divorce Registration Form to the registry.

Have someone else hand-deliver the Notice of Family Claim to your ex.

This is called serving your ex in court. You can employ a process server or ask a friend or family lawyer. Preparation via a process server may be more straightforward.

The Next Steps after the Service is Served:

Wait 30 days. If your ex doesn't respond or file a counterclaim, you can apply for an uncontested divorce.

Prepare and sign divorce affidavit. Your separation agreement might be an Exhibit to this Affidavit.

Child Support Affidavit if you have children. This Affidavit is not required if you have no children or if your children are adults and self-sufficient. This Affidavit details your child support and section 7 expenses.

Exhibit your separation agreement to show the court that child support and Section 7 expenses are being paid according to the standards. If the sum

Next steps after the Affidavit is done.

Prepare the following forms:

Form 35 Requisition outlines your requests and papers to the court.

Form F17 Requisition to show the Divorce is uncontested. This form asks the registrar to look for a counterclaim or rebuttal. Find a response to a family claim or counterclaim in this case.

Form F36 Certificate of Pleadings. This is the registry's form for notifying the court of procedural errors.

A draft Final Order. You'll need to include the Divorce fee with your other requests in this sequence.

After getting the Forms ready, here's the next step.

Take the four forms to the registration where you filed your Notice of Family Claim. Pay the money and swear the Affidavit (s). Register everything. Take originals and photocopies of all documents. The register will keep the sources and return the photocopies to you. This is the final step in BC Divorce. Wait for a judge to consider your file. It may take six months. 

That is, if you accomplished everything right. Then send it to your ex. If you desire, you can pay for a divorce certificate. People frequently get rejected because they didn't follow all the requirements, didn't prepare their affidavits correctly, or didn't have suitable child support arrangements. Call a child support lawyer to schedule a consultation if you have trouble filling in BC. Uncontested divorces, excluding child-related concerns, are $1,500.00 plus taxes and expenses. We charge $2,000.00 plus taxes and costs for uncontested divorces, including children.

To file for divorce in BC, you need to remember these important dates:

Lived apart for at least a year. You can divorce in three ways.

If your ex doesn't respond or make a counterclaim, you don't have to go to a hearing or court for a year. There are many ways to divorce. But you can also go through a "desk order" or an "uncontested divorce" like this.

Cruelty – a hearing or trial.

Adultery – a hearing/trial.

You or your ex must have lived in BC for a year.

File your Divorce and Child Support affidavits within 30 days of swearing them. Otherwise, you will need to re-swear them.

The process might be a lot to take in. If you have any questions, do not hesitate to contact us for a consultation. If you're considering a divorce, contact Ng Sidhu Law for a consultation.

[sidhulegal]

WHAT IS LEGAL SEPARATION?

Separation is not the same as divorce. In British Columbia, separation is not a legal matter. Divorce is a legal process where two partners detach their assets, fiancés, and lives. There are several common misconceptions regarding the difference and requirements of a legal separation, separation agreements, separation dates and more. ​ The federal Divorce Act and the provincial Family Law Act govern British Columbia in regards to divorce and separation. Neither of these acts requires any formal documentation for a married couple to separate.  The term “legal separation” is misleading, as there are no legal processes involved, simply negotiations between the two parties. These are some useful facts regarding the processes, requirements, and difference in a marriage separation.

PHYSICAL SEPARATION

This refers to one party vacating the previously shared residence. This form of separation can be the easiest to document, as the separation date can be the day the respective party leaves the home. Though, when financial or other reasons disallow the immediate physical separation of two partners, the partners can live “separate and apart” inside of the same residence. When living together, separate bedrooms, an absence of sexual relations, limited communication, separate meal times and other efforts to distance themselves are all ways to show intent for permanent physical separation.

INTENT TO SEPARATE PERMANENTLY

BC provincial Family Law Act dictates that courts can consider communication or an action displayed by one party to the other as intent to separate permanently. Though, it is also common for the two parties to disagree on when the intent was provided and when the separation date truly was. “Intention” is most commonly verbally communicated, so when parties disagree on the date of intention, neither individual involved can provide much concrete evidence. This issue can be avoided by following up a verbal “intent” conversation with a written document. Texts, emails or other tangible forms of communication can act as confirmation evidence for dates of conveyed separation intent. The Divorce Act states that the parties must have lived separate and apart for at least one year in order to get a divorce, which makes a specific separation date important to several cases. The separation date will also impact the segregation of various assets and financial property. Consult a professional divorce lawyer today to ensure that your separation and future divorce proceedings go smoothly.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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Lawyers to Help you get the Best Deal on Buying a Home in Toronto

Purchasing a home will most likely be the biggest and most important purchase you will make in your life. It also includes real estate law, which is unique in that it creates particular legal difficulties and problems that are not present in other transactions. A real estate lawyer has been trained and has the best expertise in dealing with these issues. A lawyer can assist you in avoiding some common issues that arise during the purchase or selling of a house. In the absence of a contrary agreement, the seller may be bound to pay a brokerage commission even if a sale does not develop, or they may be required to pay more than one brokerage commission. However, if the agreement grants the seller the ability to bargain on their behalf, you may be able to sidestep this possible issue. Click here to learn more.

Hire a lawyer to review your contract for any potential pitfalls before signing

The attorney review clause permits Realtors to draft residential real estate contracts and buyers and sellers to sign them, but each party has the right to have an attorney evaluate the contract within three business days of signing it, and to disapprove or alter it. In essence, the contract is signed by the buyer and seller and then examined by the attorneys. Hiring a lawyer will provide extra protection and assurance making sure that what you're signing adhere to the laws and agreements.

Hire an expert who can advise you on how much house you can afford based on your income and debt load

Buying real estate with a mortgage is frequently the most significant personal investment that most individuals undertake. How much you can afford to borrow is determined by a variety of factors, not simply how much a bank is prepared to give you. You must evaluate not just your financial situation, but also your tastes and priorities. In general, most potential homeowners can afford to finance a home that costs two to two and a half times their yearly gross income. Finally, while selecting a property, various more aspects must be considered. To begin, it's a good idea to understand what your bank believes you can afford to pay them back in the future. Second, you must do some personal reflection to determine what sort of home you are willing to live in if you want to remain in the house for an extended period, as well as what other forms of consumption you are prepared to forego—or not—to live in your home. The situation can get complex, which is why it is important to hire a financial advisor to help narrow things down for you and they will provide you with a realistic amount on what you can afford.

Always have a lawyer go over all paperwork and documents before signing so there are no surprises later

The expense of not having an attorney evaluate your company agreements might be exorbitant when compared to the cost of having someone review the paperwork and describe how the arrangement works before signing. A lawyer with case experience related to real estate can anticipate potential problems and help you negotiate those conditions or prepare to prevent them in the first place. They know all the ins and outs of every paperwork and having them on your side and guiding you through the process is vital. You would not have to worry about any shocking details that may arise in the future because they will analyze every small detail to ensure that you know what you are signing.

For more information, visit us today!

Name: Real Estate Lawyer Surrey

Address: 1104 – 13737 96 Ave, Surrey, British Columbia V3V 0C6

Phone: (778) 652-0475

Website: https://realestatelawyersurrey.com/

GMB: https://goo.gl/maps/wWLAb9ESj4wTtcT59 

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voiceDAC Daily Evening News

EOS Information Wordproof won the European Commission 1 million euro competition award The EOSIO-based DApp Wordproof won the initial place in the "Social Charity Blockchain" competition organized by the European Commission (European Commission), and won an incentive of just one 1 million euros. WordProof may be the WordPress on the EOS blockchain, combined with EOSIO blockchain technologies to introduce credible timestamp equipment, aimed at improving the safety and dependability of Internet content. (Reported by Match.ONE) Mainnet Observation | DApp Activity Weekly Report According to MEET.ONE observation, as of 10:19 upon June 30, 2020, EOS mainnet DApp related data analysis: 1. dapp.review website includes a overall of 676 DApps, 2 new DApps; 2. dapp.radar data, The very best 5 DApps ranked by overall trading volume inside a week are Newdex, Banker.Wager, BLUEBET, Felix, EOSPlay; 3. In accordance with dapp.review information, the top three DApps ranked by investing volume previously 24 hours are: Newdex, Felix, and BLUEBET.

Blockchain Information

Chengdu Lian'an: More than 19 typical safety incidents occurred in June Based on the data tabs on Chengdu Lian'an "Safety Situation Awareness System", more than 19 typical safety incidents occurred in June. The blockchain safety situation continues to be severe, and there has been a significant increase in ransomware/mining Trojans. Two incidents happened on the exchange: Bitbank's domain name registration service was illegally accessed; both liquidity pools on Balancer had been attacked by lightning loans, leading to losses of US$500,000. Fraud runs away / 2 instances of crypto scams: Bermuda Exchange was suspected of embezzling consumer funds in big amounts; QuadrigaCX Exchange's 2019 bankruptcy analysis review was redefined as a "Ponzi scheme"; 7 instances of ransomware/mining Trojans: KCS was attacked by ransomware; users said there is an issue with P2P Bitcoin transactions on the HodlHodl platform; ransomware NetWalker attacked three American universities; hackers attacked Microsoft SQL server data source; Lion suffered two ransomware episodes ; Hackers make use of malicious Docker pictures to cover up cryptocurrency mining program code; Unit 42 discovered a fresh malware "Lucifer". Four incidents happened on the black web: a man used Bitcoin to sell citizenship info on the dark web; REvil has released an auction of delicate information on the darkish web; a British court ordered the confiscation greater than 1.8 million pounds from the British person; hacker Aleksei Burkov was taken by america The courtroom sentenced him to 9 many years in prison. Four other incidents happened: hackers transferred the $800,000 BTC stolen by Bitfinex in 2016; Privnote used phishing to induce users to click on fake web sites; Bancor was exposed to severe vulnerabilities; Lazarus may release phishing episodes against multiple nations. Generally, the blockchain safety scenario in June was still severe. Included in this, the number of safety incidents in ransomware/mining Trojans and the darkish web has increased significantly and can't be overlooked. Chengdu Lianan reminds users not to click on links with unknown sources, , nor download software from unknown resources. If you experience ransomware, you must seek help from the judicial department, or you can use the power of professional safety companies to solve the problem. CEO of Three Arrows Capital: Great ETH holders have got driven the recent development of the Ethereum choices market In accordance with CryptoSlate news, the blockchain analysis platform Skew chart shows that the open interest of ETH choices upon the derivatives investing platform Deribit will be rising parabolic, reaching more than three situations the common open interest in days gone by 12 months. Exhibits the growth rate of the ETH choices market. Retail traders are not the only ones participating in the Ethereum choices marketplace. Three Arrows Capital CEO Su Zhu mentioned that a few of the "world's largest ETH holders" possess contributed to the recent development of ETH choices to a certain degree. Bitcoin ETP officially listed on the electronic investing platform Xetra of Deutsche Borse In accordance with CoinDesk news. Deutsche Boerse lists an exchange-traded product (ETP) that tracks the worthiness of Bitcoin. The Swiss-based product supplier 21Shares stated that its Bitcoin ETP was officially detailed on the Deutsche Borse electronic trading platform Xetra on Wednesday. Note: The ETP is called BTCE, is 100% supported by actual bitcoin, and will make use of HANetf's issuance business for distribution and product sales. Zou Chuanwei: Blockchain gets the features of the web of Info and the web of Value In accordance with Sina Financing, Zou Chuanwei, chief economist of Wanxiang Blockchain, published Wencheng that lots of researchers contact the Blockchain the web of Price. This statement isn't entirely right. Blockchain actually gets the features of the web of Info and the web of Value. Blockchain is used in scenarios such as supply chain management, anti-counterfeiting traceability, precision poverty alleviation, open public welfare and social assistance. It primarily reflects the event of blockchain because the Internet of details. It uses public ledgers to record off-chain commodities, medicines, food and money The flow direction of the others enables upstream and downstream, different hyperlinks to become verified with each other, penetrates the info "islands", and can make the whole procedure manageable. This type of application can be called "coinless blockchain" in lots of events, and their typical key feature is certainly: the blockchain itself does not involve worth transfer (referring to asset property privileges or risk move), but records beyond your blockchain Value stream. The U.S. District of Columbia Bar Association accepts digital currency payments In accordance with cointelegraph news, a recently available opinion issued simply by the District of Columbia Bar Association (DCB) pointed out that so long as the fees are reasonable and fair to the clients, attorneys from various states in the association can accept digital currencies to pay for the costs. DCB also stated that any attorney who accepts digital currency payments must take strong and reasonable safety measures to protect this asset. This is the fourth American Bar Association to recognize digital currency as a means of transaction of lawyers' costs. Grayscale offers suspended the selling of BTC, ETH and ETC faith products On July 1, Grayscale's official website revealed that the business has stopped offering trust products for Bitcoin (BTC), Ethereum (ETH), and Ethereum Classic (ETC). Have faith in products which are still on sale include BCH, LTC, and ZCASH. Based on the official web site, the faith fund conducts personal placements from time to time throughout the year, and the current sale has now ended. The new sale time needs to wait for the official notice. The Central Bank of Kazakhstan is demonstrating the feasibility of introducing digital tenge According to news from the Economic and Commercial Workplace of the Embassy in Kazakhstan, experts through Kazakhstan, Russia, China along with other nations gathered upon the "2020 Astana Online Financing Day time" to go over the digital currency programs and strategies of relevant main banks. Currently, the Main Bank of Kazakhstan will be demonstrating the feasibility of presenting digital tenge. Zarenov, an adviser to the governor of the Main Bank of Kazakhstan, believes that the main bank's main mission is to maintain inflation targets and economic market balance. Digital currency options are second. The key is to ensure that the look of the digital currency program is consistent with monetary policy goals. Astana International Financial Center (AIFC) Development Manager Kaliyev mentioned that AIFC will be willing to provide testing support and formulate a lawful schedule for Kazakhstan's introduction of digital currency. Ahead of this, Kazakhstan offers formulated a cryptocurrency storage and circulation plan to manage the storage and circulation procedure for virtual currency through professional platforms. AIFC protocol has included digital currency and its own classification, smart agreements, digital wallets along with other commonly used conditions in the cryptocurrency marketplace. Review: Alipay ranks first in the world with 212 patents granted on blockchain Based on the China Patent Protection Association's "Global Certified Patent Report in the Blockchain Field in 2020", Alipay ranked first in the world along with 212 patents given in the blockchain industry, near to the following IBM (136) and the 3rd. The sum of the Coinplug (107 pieces). This is the first time that an authoritative company has published a written report on the number of worldwide blockchain patents. Prior data showed that in the field of blockchain patent applications, Alipay furthermore ranked first in the world with 2,344 pieces. Central Bank: Great cash management isn't related to legal digital currency research and development Based on the Beijing Business Daily, to be able to thoroughly put into action the choices and deployments of the Party Main Committee and hawaii Council, fill up regulatory shortcomings in related fields, regulate the usage of huge amounts of cash, and curb the usage of huge amounts of cash for unlawful crimes, the main bank has made a decision to begin from July 1, 2020 Inside Hebei Province, big cash management will undoubtedly be completed on the pilot basis in Zhejiang Province and Shenzhen through October 1. Concerning the issue of whether large-quantity cash management relates to legal digital currency research and advancement, the central lender responded that large-amount cash management is a management gauge used by my nation to understand from international encounter, complement regulatory shortcomings, and improve cash service ranges and performance. The study and advancement of legal digital currency is a forward-looking work completed by the People's Bank of China to comply with the development tendency of the digital economy, meet up with the public's demand for digital RMB in the future, and enhance the level of inclusive economic services. Both tasks are not related. Whales keeping at the very least 1,000 BTC have grown significantly, and their holdings take into account 22% of the total circulation In accordance with CryptoSlate, the number of crypto whales (accounts holding more than 1,000 bitcoins) has increased significantly, which also shows that the medium-phrase prospects regarding the crypto marketplace remain bright. Information from the analytics platform Glassnode reveals this tendency. Related pictures show that after many years of decline, this accumulation model first began in January 2018. Glassnode described that whenever zooming directly into view the entire background of Bitcoin, we noticed that the total amount of Bitcoin held by whales peaked in early 2016 and then began to continue steadily to decline. Although whale holdings have improved this year, their bitcoin holdings remain far below the peak level. Currently, Bitcoin held by whales makes up about around 22% of the total circulation. Russian digital currency proprietors are warned to submit tax documents before the beginning of next month In accordance with cryptonews news, Russian digital currency owners are warned that tax inspectors may contact them one month later, and miners, currency holders, and traders need to declare income. Although there's still a year or more before the execution of a comprehensive encryption regulation, the tax regulation has been altered, which means that anyone who can make a benefit from crypto activities in Russia will need to pay out taxes in 2019. Russians must submit tax documents, including details of their cryptocurrency, before the beginning of next month. Individuals will undoubtedly be subject to a set tax rate of 13%. NY Digital Investment Group completes US$190 million institutional Bitcoin fundraising In accordance with Reuters, NY Digital Investment Group (NYDIG) disclosed that it has completed the $190 million Bitcoin fund raising. The NYDIG Institutional Bitcoin Fund LP (theNYDIGInstitutionalBitcoinFundLP) has 24 traders and will be exempted relative to Rule D Safe Harbor Protection Regulation 506(b) established in 2013. Little is currently known about the fund. As formerly reported, in May, NYDIG announced the selling of an unknown Bitcoin fund NYDIG Bitcoin Earnings Enhancement Fund LP for nearly USD 140 million. If NYDIG Bitcoin Earnings Enhancement Fund LP's fund is actually an alternative financial device, NYDIG offers quietly become among the largest Bitcoin institutional traders in the usa, with a total of 330 million US dollars in both funds. In accordance with today's documents, the NYDIG Institutional Bitcoin Fund LP made its first selling on October 26, 2018, while NYDIG's Bitcoin Earnings Enhancement Fund LP began its sale weekly before it shut. Currently, the 3rd Bitcoin futures fund Bitcoin technique fund is detailed on the StoneRidge web site beneath the stock program code BTCNX. It is well worth noting that news shows that NYDIG's early expense project Bitcoin Technique Fund (BitcoinStrategyFund) will be consulted by StoneRidge Asset Administration. The Beijing Municipal Govt issued the "Beijing Blockchain Technology and Development Action Plan (2020-2022)" Planet Daily News The General Workplace of the Beijing Municipal People's Govt issued the "Beijing Blockchain Technology and Development Action Plan (2020-2022)". The Action Strategy pointed out that by 2022, Beijing will at first be built into an influential blockchain technologies innovation highland, app demonstration highland, industrial advancement highland, and innovative skill highland, and consider the lead in forming a blockchain-enabled economic and social advancement. The Beijing Strategy" establishes a fresh program of integration and conversation between blockchain technologies innovation and industrial development, and continues to inject brand-new momentum and vitality into Beijing's high-quality economic advancement. (THE ADMINISTRATIVE CENTRE Window)

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Comprehensive Family Law Agreements in British Columbia

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A Family Lawyer’s Role is (Not) to Minimize Conflict

By: Deanne Sowter

PDF Version: A Family Lawyer’s Role is (Not) to Minimize Conflict

Do family law lawyers have an obligation to minimize conflict? It seems obvious that given the stakes involved in family law matters, especially where there is family violence or children, that a lawyer’s role ought to include minimizing conflict; however, that idea is not as straightforward as it sounds. A family lawyer does have an obligation to advise her client on the impact of actions that inflate conflict; but a lawyer’s role properly understood, does not include an objective of minimizing conflict. This may seem like splitting hairs, but it is an important distinction.

Minimizing Conflict

The BC Family Law Act, SBC 2011, c 25 (BC FLA), Rules of Court, and guidance from the BC Law Society all aim to ensure family law proceedings minimize conflict. The BC FLA requires a court to “ensure that a proceeding under this Act is conducted in a manner that strives to minimize conflict, and if appropriate, promote cooperation, by the parties” (s 199(1)(b)(i)). An object of the BC Supreme Court Family Rules, BC Reg 169/2009 is to “help parties resolve the legal issues … in a way that will minimize conflict and promote cooperation between the parties” (R 1-3(1)(a)(ii)).

As an aside, the more time I spend with the BC FLA, the more I admire it. It really is a remarkable piece of legislation in the way it tries to guide families towards a less conflictual resolution to their dispute. The Act encourages parties to make their own decisions, and it aims for them to do so in a way that is less conflictual, responsive to family violence, and mindful of children’s interests. That said, Susan Boyd and Ruben Lindy found that BC courts are still relying on “problematic assumptions about family violence”, indicating that judicial and legal education is still falling short of effectively training the legal profession about family violence (see here at 45).

In 2013, the British Columbia Law Society introduced Common-sense Guidelines for Family Law Lawyers (LSBC Guidelines). The first suggestion is that lawyers should be “constructive, respectful and seek to minimize conflict and should encourage clients to do likewise.” The guidelines are only voluntary – presumably because many of them can only be suggestions, like minimizing conflict.

It is not uncommon for judges hearing family law matters to school lawyers about the need to minimize conflict. For example, in Jackson v Jackson, 2008 CanLII 3222 (ON SC), in the context of a high conflict dispute, Justice Murray held that a good lawyer will “attempt to minimize conflict while achieving appropriate results for their clients informed by the applicable legal principles including, the best interests of the children” (at para 11). More recently, in Alsawwah v Afifi, 2020 ONSC 2883, Justice Kurz held that a lawyer’s “role as advocate should often be as rational counsel not flame-throwing propagandist. Where the client wants to raise the emotional stakes with invective and personal attack, that lawyer must often counsel restraint” (at para 107).

The idea that family law should aim to minimize conflict is properly reflected in policy objectives. For example, one of the guiding principles of the Cromwell Report is to “minimize conflict.” The Report is authored by the Action Committee on Access to Justice in Civil and Family Matters. They made recommendations for comprehensive family law reform including increasing the use of consensual dispute resolution processes, and for family law to be made “simpler and offer more guidance by way of rules and presumptions” (Recommendations #2, #7, #8, #9, #25, #27, #29 and #31).

Consensual dispute resolution processes are generally less adversarial and so lawyers can try to minimize conflict by encouraging parties to find a resolution that will meet both parties’ interests. Ideally, trying to find a settlement is a less conflictual path than one designed to test legal arguments, weigh facts, and determine an objective resolution provided by the law. In addition, less conflictual disputes are resolved faster and last longer, thereby reducing ongoing conflict.

Moreover, rules and presumptions can be helpful in reducing conflict by making the law more predictable. When it is easier to determine what a court would do, it makes it easier for parties to resolve their own dispute, thus reducing conflict. Predictability makes outcomes more consistent, which also increases the appearance of fairness (Cromwell Report at 59). For example, the Federal Child Support Guidelines, SOR/97-175 were introduced in 1997 in part to “reduce conflict and tension between spouses by making the calculation of child support orders more objective”. (s 1(b)) Similarly, the Spousal Support Advisory Guidelines, and the introduction of presumptions into decisions about the relocation of a child’s place of residence (Bill C-78, An Act to Amend the Divorce Act, The Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act) both work to reduce discretion in the law and with it conflict over what the law provides. In addition, the objective of minimizing conflict can also be seen in evidence law relevant to family disputes (see Stefureak v Chambers, 2004 CanLII 34521 (ON SC); D. A. Rollie Thompson, “Are There Any Rules of Evidence in Family Law?” (2003) 21 CFLQ 245 at 250) and in family law reforms in Manitoba (see Bill 9, The Family Law Modernization Act, and reports here and here). The family law justice system is increasingly designed to reduce discretion and encourage settlement, thereby minimizing conflict.

Minimizing conflict is an obvious good where there is family violence or children. We know that exposure to conflict is harmful for all children regardless of age. We know that exacerbating the conflict heightens the risk where there is family violence. These are two crucial reasons to reduce opportunities for conflict within the law, and for reforms to push disputes towards less conflictual dispute resolution processes. Minimizing conflict can be a good and healthy policy objective informing the law, but it is not a lawyer’s objective.

To be clear, I am not in any way endorsing lawyers (and we know they exist) who are intentionally and even dangerously inflammatory. If we were to review all of the facts of those cases, I would venture to guess that most often those lawyers were acting in violation of their professional obligations. When we say we want lawyers to be better, to be part of the solution instead of the problem, we are often responding to bad lawyering. But just as I am saying that the solicitor-client relationship does not require a lawyer to fight with such ferocity that she violates her professional obligations, the relationship also does not permit her to sacrifice her client’s interests.

The Limits on a Lawyer’s Conduct

A lawyer’s role is to pursue her client’s interests within the bounds of legality. She cannot pursue something unlawful, motivated by malice (Model Code, R 5.1-2(a)), or that is dishonest (R 5.1-2(b)). A lawyer cannot commence a useless legal proceeding (R 3.2-4) or one designed to abuse or misuse the legal system. (See i.e.: Family Law Rules, O Reg 114/99 at R 1(8.2); Rules of Civil Procedure, RRO 1990, Reg 194 at R 2.1.01 and R 2.1.02; Courts of Justice Act, RSO 1990, c C 43 at s 140; Family Law Act, SA 2003, c F-4.5 at s 91(1); Kavanagh v Kavanagh, 2016 ABQB 107 at paras 63-64.) Even though the profession’s push towards civility was decelerated by Groia, a lawyer is still required to treat her colleagues and their clients with respect. She must be civil with everyone, and approach the law in good faith (R 3.2-1, R 5.1-5 and R 7.2-1). A lawyer cannot provide access to the justice system for a client whose motivation is to work around the law, or intentionally cause harm. These rules capture and prohibit a considerable amount of objectionable conduct, including communications that are both useless and inflammatory. A lawyer may be found guilty of professional misconduct for particularly egregious behaviour, but more often costs awards punish conduct that crosses the line.

A client’s legal entitlements informs what a lawyer can and cannot do. As Brad Wendel framed it, a lawyer can only do for the client, what that client may lawfully do (Bradley Wendel, Lawyers and Fidelity to Law (Princeton, NJ: Princeton University Press, 2010) at 59). Family law provides competing entitlements and defences that are pursued in an adversarial system. The justice system itself is conflictual. Lawyers are required to pursue those lawful entitlements, and balance that framework by working within the system to negotiate and promote settlement. The Model Code requires a lawyer to encourage settlement (R 3.2-4). If the parties are divorcing, that obligation goes further under Bill C-78 (which will amend the Divorce Act in March 2021). A lawyer must encourage her client to try to resolve the dispute through negotiation, mediation or collaborative practice, if it is “appropriate” to do so (s 7.7(2)(a)).

The law encourages parents to engage with each other less conflictually, for the benefit of their child (see e.g. Bill C-78 at ss 7.2, 7.3 and 16, and BC FLA at ss 4, 37, 38 and 199(1)(2)(b)). A parenting schedule may be created in a way that is aimed at reducing conflict (see Churchill v Kennedy, 2009 NSSC 309). If a parent persists in being conflictual, a court may order a parenting schedule that will reduce conflict – even if it means reducing the child’s time with that parent (see Bancic v Mirceta, 2019 ONSC 39). A court may even decline to order costs to minimize conflict between parents (see Aubin v Aubin, 2010 BCSC 1425). So, if the matter will be decided by a third party – a judge, arbitrator, or parenting coordinator (PC) – a good lawyer will advise her client on how that decision-maker will view and weigh conflictual behaviour. That third party’s role is to make decisions that will also reduce the conflict between the parties, especially where there is family violence or children. So a competent family law lawyer will research the law and advise accordingly, but that still does not mean it is her role to minimize conflict.

When a dispute is resolved out-of-court, objectionable conduct can easily fly under the radar. When legal interpretations are not challenged by an adversary and decided by an objective third party, a lawyer has a heightened responsibility to get the law right. Yet, that responsibility does not apply to lawyering tactics in the same way. By tactics, I mean lawyering skills such as those employed in negotiations (e.g. escalating demands, good-guy bad-guy routines, and extreme offers). These are the tactics that the law does not always provide effective responses to – they cannot always be balanced the same way that competing interpretations of the law can be. They are primarily governed by professional judgement, but that discretion cannot be exercised pursuant to an objective of minimizing conflict.

How Might A Lawyer Minimize Conflict?

I began thinking about this question when Bill C-78 signaled a significant change to family law lawyering, and I wrote about it here. I also asked my ethics students a version of this question: whether other law societies ought to adopt a policy similar to the LSBC Guidelines. I’ve thought about the question ever since. If the objective of minimizing conflict did inform a lawyer’s role, how might she achieve it?

First and foremost, suggesting that a victim of family violence ought to be the one to try to minimize the conflict with her former abuser is futile at best, and damaging at worst. An abuser may see attempts to minimize conflict as an opportunity to employ more aggressive control tactics. Sometimes the language around this idea of minimizing conflict includes a caveat, “if appropriate” which presumably means where there is no family violence. (See: Linda C Neilson and Susan B Boyd, Interpreting the New Divorce Act, Rules of Statutory Interpretation & Senate Observations (8 March 2020) at 6-7; and Senate Standing Senate Committee on Legal and Constitutional Affairs, “Observations to the thirty-fourth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-78)” at 2-3.) This requires a lawyer to know whether or not there is family violence. We know that not all family law lawyers screen for family violence (see empirical research here and here), nor are they trained in family violence, although they should obviously do both. (See Luke’s Place Report, “What you Don’t Know Can Hurt You” and my previous ABlawg post here.) But competence concerns aside, the objective of minimizing conflict cannot be applied to survivors of family violence without risking re-victimizing them at a critical moment, a moment when they ought to be supported in their healing process and in their pursuit of legal entitlements, including protection by law.

Second, a rule could not only apply to family law lawyers. The silos of our justice system do a terrible job of talking to each other. (See: Jennifer Koshan, Janet Mosher and Wanda Wiegers, “The Costs of Justice in Domestic Violence Cases: Mapping Canadian Law and Policy”  in Trevor Farrow and Les Jacobs, eds., The Justice Crisis: The Cost and Value of Accessing Law (Vancouver, BC: UBC Press.) Family law parties may be engaged in multiple systems at once. For example, the same parties may also be embroiled in civil litigation. Their lawyers could not be working to different standards without risking parties leveraging the more aggressive system against the family law matter, where a lawyer’s hands would be tied.

Even if we were to adopt such a rule, how would a lawyer actually minimize conflict? Does an objective of minimizing conflict mean that a lawyer must refuse to follow instructions if she thinks following them will increase the conflict? If so, how can that be objectively determined? How might a lawyer know what her client’s former spouse might find conflictual? There are some obvious things, for example, behaviour that amounts to abuse of process or litigation abuse (which cannot be pursued anyway), but there are less obvious things too. Things that only have power over the weaker party because of the intimate history between the parties, e.g. any number of negotiation tactics, such as ultimatums, and refusing to negotiate except on terms, or tactics that have power because of a history of coercive control.

Ultimately if a lawyer were to say “I don’t think you should do X, because it will really piss off your former partner” the client is entitled to say, “I don’t care. I want you to proceed anyway.” I’m being a bit flip and cavalier, but only to make a point. If a client wants his lawyer to proceed in doing something that will increase the conflict, the lawyer must follow her client’s lawful instructions unless there is a complete loss of confidence between the two (R 3.7-2). A lawyer’s duty is to her client and the administration of justice, and that cannot be reduced based on a perception of what might increase conflict. To be clear, I do think a lot of conflictual tactical conduct is already prohibited by the law governing lawyers. But the exercise of professional judgement cannot be governed by an objective of minimizing conflict. These decisions must involve discussions between a lawyer and her client, so the client can make a fully informed decision about how to proceed. A lawyer cannot refuse to follow instructions on the grounds that she thinks it is a bad idea or conflictual – especially in an adversarial system that is conflictual by design. A lawyer is not her client’s conscience, she is his advocate, his representative.

This does not mean a lawyer cannot advise her client on the wisdom of an obviously conflictual tactic or behaviour, and even advise against such conduct. Indeed, she should be honest with her client, and even be firm, if necessary, about what she thinks (R 3.2-2[2-3]). A good lawyer may reality check with her client, to ensure he fully understands the consequences of his decisions – this may even be required in some non-adversarial dispute resolution processes, such as collaborative practice. (See my previous paper on the topic here.) A lawyer can also provide moral advice the same way that anyone can. But what she cannot do is wrap moral advice up in a bow of legality – meaning, she cannot provide moral advice under the guise of legal advice. Moreover, she needs to be confident that her client can tell the difference between the two (Wendel at 138-143).

Ultimately, we cannot change the fact that a lawyer is acting in a representative capacity. She provides legal advice that enables her client to make his own decisions. It is not her job to decide what is in her client’s best interests – at least not to the point of overriding his lawful instructions. The client gets to decide how he wants to live, that is a benefit of living in a democracy. We have enacted laws that reflect as much. When family law clients cannot come to an agreement on their own, they are empowered to resolve their disagreement about the right way to structure their post-separation family through the law. Judges, arbitrators and PCs will make decisions, where necessary, in a way that minimizes the conflict between them.

Where the law is not working effectively to reduce conflict, especially where the majority of the work occurs out-of-court, the solution cannot be to look to the lawyers to change their role. The law is the only objective way to reduce conflict between parties beyond therapeutic remedies. The law seems to be very slowly working towards this objective, but there is a lot more we can do, such as including more rules and presumptions in family law, and doing a better job of training lawyers on where the limits of the law are. Ultimately however, a lawyer may (and in most cases probably should) advise her client to minimize conflict, but her role is to pursue his lawful interests, even when it will not reduce the conflict between the parties.

  This post was originally published on Slaw.

This post may be cited as: Deanne Sowter, “A Family Lawyer’s Role is (Not) to Minimize Conflict” (June 29, 2020), online: ABlawg, http://ablawg.ca/wp-content/uploads/2020/06/Blog_DS_MinimizingConflict.pdf

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We have previously discussed the application of “force majeure” clauses in relation to the COVID-19 pandemic and also discussed a case in which a court ruled that a party could not unilaterally change the terms of an agreement due to COVID-19, absent a force majeure clause.

In two recent British Columbia cases, courts have again shown that they will not accept the COVID-19 pandemic as an excuse in contract disputes.

First Case: Couple Who Cancelled Wedding Not Entitled to Refund

In a first case, a couple had hired an entertainment company for their wedding reception. The wedding was scheduled for March 29, 2020 and the couple was expecting around 450 guests.

Per the contract, the couple paid a 50% deposit to the company in the amount of $1,750, with the balance due one week before the wedding. The contract also stated that half of the deposit was non-refundable, while the other half was refundable if the couple cancelled the contract 30 days before the event.

The couple decided to cancel the wedding reception as a result of the COVID-19 government restrictions on gatherings of more than 50 people. The husband told the company of the cancellation on March 11th. 

The wife sought the refund of the deposit, but the company refused. 

The wife brought her case to court. She claimed that the contract had been frustrated by the COVID-19 pandemic restrictions and she was therefore entitled to the refund.

The company relied on the terms of the contract to defend against her claim.

The court noted that the parties’ contract did not contain a “force majeure” clause and that, absent such a clause, the common law doctrine of frustration applied. The law of frustration applies when an unforeseeable event occurs, for which the parties made no provision, where the contract becomes a thing radically different from that which was originally agreed.

However, the court found that the COVID-19 pandemic had not changed the contract radically from the parties’ original agreement, stating:

“I say this because although the government restrictions on gatherings of more than 50 people limited [the wife]’s intended reception attendance, this does not render the parties’ contract impossible. Rather, [the company] was willing and able to perform the contract, either with a smaller group in attendance on the original March 29, 2020 date, or some future date within 18 months. For a contract to be frustrated, it must be truly impossible to continue to perform the terms of the contract, not just inconvenient, undesirable, or uncomfortable […]. Although I acknowledge [the wife]’s wish for a large wedding reception, […] just because an event (the COVID-19 pandemic restrictions on gathering) has made performance of a contract undesirable does not mean the contract is frustrated. I find the restriction on gathering did not radically change the parties’ agreement, which was not based on the requirement of any minimum attendance. I find the contract was not frustrated. Therefore, the existing cancellation terms of the contract apply.”

As a result, the court dismissed the wife’s claim. 

Second Case: Company That Refused to Work at Couple’s Wedding Must Issue Refund 

In a second case, a couple had hired a photography company to take pictures at their wedding, which was scheduled for April 19, 2020. The couple had paid a $1,909 deposit to the company.

The contract stated that if the couple cancelled the event, the company would not refund the deposit. The contract also stated that if the company was unable to fulfill the contract due to unforeseen circumstances such as illness, injury, a death in the photographer’s family, casualty, act of God, or any other cause beyond the control of the photographer, the company would issue a full refund, including the deposit.   

The couple was originally planning on receiving 100 guests. But in early March, when the government imposed a restriction to gatherings of over 50 people due to the COVID-19 pandemic, the couple advised the company that they were considering cancelling the wedding. However, on April 7th, the couple told the company they were going ahead with the wedding on the original date, but would be limiting guests to 50 people.

The company responded that it had established COVID-19 safety policies, which included no longer shooting indoors, only taking photos in large, open and secluded outdoor areas, and only using camera lenses that allowed them to take pictures from a 2-meter distance.

The company told the couple that they would not photograph their wedding unless they agreed to their new COVID-19 policy. The couple refused to agree to all of the company’s COVID-19 rules and the company did not photograph the wedding.

When the company refused to refund the deposit, the couple went to court.

Ultimately, the court ruled that the company had to refund the $1,909 deposit, stating:

“I find that the [company] refused to complete the terms of the contract and they cannot rely upon the government health and safety measures imposed because of COVID-19 to justify the cancellation. I acknowledge the [company’s] reasons for making the cautious decision that they no longer wanted to provide the photographic services. However, they are not entitled to keep the [couple’s] deposit when there is no legal justification for the [company] deciding not to complete the contract because they unilaterally decided that they wanted all pictures to be taken outside.” 

Get Advice

Baker & Company has adopted all of the COVID-19 safety precautions and vulnerable employees have been invited to work from home. We are fully operational and continue to work on client assignments. Where possible, meetings are being held via video link or by telephone conference.

At Baker & Company, we are both everyday trusted advisors and problem solvers. Our team of skilled and experienced litigation lawyers are cherry-picked for their ability to analyze cases, counsel clients, and examine and present evidence at trial.  Our litigation team has dealt with all kinds of contract disputes in courts across Ontario and has significant experience at both the trial and appellate levels. Call us at 416-777-0100 or contact us online for a consultation.

The post Courts Are Rejecting COVID-19 Excuses in Contract Disputes appeared first on Baker & Company.

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Couple Not Entitled to Deposit Refund Following the Cancellation of Their Wedding Due to COVID-19

A British Columbia court recently ruled on whether a couple was entitled to the refund of a deposit paid to an entertainment company for their wedding reception after it was cancelled due to the COVID-19 pandemic.

Wedding Reception Cancelled Due to COVID-19 Pandemic

The wife and her husband had hired an entertainment company to perform various services at their wedding reception, which was scheduled for March 29, 2020. The couple was expecting about 450 guests.

The services contracted for included rental and use of several pieces of audio-visual equipment, lighting and haze machine, a white vinyl dancefloor with personalized graphics, stage, and DJ services. The package’s total cost was $3,500, with a 50% deposit ($1,750) due on signing and the remaining 50% ($1,750) due on March 22, 2020, one week before the event.

The terms of the contract also indicated that $875 of the initial $1,750 deposit was non-refundable, with the other $875 refundable until February 29, 2020. The contract’s terms stated that the couple could cancel the contract any time up to 30 days before the event to qualify for the $875 refund, and that the other $875 non-refundable deposit could be used towards a future event to take place within 60 days.

However, on March 11, 2020, the husband advised the company that they had to cancel the reception due to incoming COVID-19 pandemic restrictions on gatherings of more than 50 people.

The wife then sought the return of the deposit, but the company said it was non-refundable. Instead, it offered the couple several options, including the ability to delay the services for up to 18 months, to apply the deposit to a less expensive event (such as a reception for 50 people), or that the couple could sell their deposit to a third party. Although the husband agreed with the options presented, the wife was unhappy, and subsequently demanded a full refund.

Wife Claims Frustration of Contract

At issue was whether the parties’ contract was frustrated, such that the wife was entitled to a return of the $1,750 deposit.

The wife claimed that due to the COVID-19 pandemic restrictions on gathering, the contract has been frustrated such that it could be performed, and therefore she was entitled to a refund.

The company stated the parties were bound by the contract, and that the $1,750 was non-refundable. The company further claimed the work it had already performed in anticipation of the event more than accounted for the $1,750 already paid, and therefore the wife was not entitled to any refund.

Court Denies Wife’s Claim 

The court began by noting that the parties’ contract did not contain a “force majeure” clause. The court explained that a force majeure clause is where the parties agree about what will happen in the event of unforeseen circumstances, such as the COVID-19 pandemic, preventing someone from fulfilling a contract.

In the absence of such a clause, the common law doctrine of frustration applied.

The court then explained that a contract is frustrated when an unforeseeable event occurs, for which the parties made no provision, where the contract becomes a thing radically different from that which was originally agreed.

The court noted that it was undisputed the COVID-19 pandemic and the government imposing restrictions on gatherings had been unforeseeable at the time the parties entered into the contract. Additionally, there was no provision in the contract dealing with such a situation.

As a result, the court stated that the question then became whether the COVID-19 pandemic changed the contract radically from the parties’ original agreement.

The court found that it did not, stating:

“I say this because although the government restrictions on gatherings of more than 50 people limited [the wife]’s intended reception attendance, this does not render the parties’ contract impossible. Rather, [the company] was willing and able to perform the contract, either with a smaller group in attendance on the original March 29, 2020 date, or some future date within 18 months. For a contract to be frustrated, it must be truly impossible to continue to perform the terms of the contract, not just inconvenient, undesirable, or uncomfortable […]. Although I acknowledge [the wife]’s wish for a large wedding reception, […] just because an event (the COVID-19 pandemic restrictions on gathering) has made performance of a contract undesirable does not mean the contract is frustrated. I find the restriction on gathering did not radically change the parties’ agreement, which was not based on the requirement of any minimum attendance. I find the contract was not frustrated. Therefore, the existing cancellation terms of the contract apply.”

As a result, the court found that the wife was not entitled to the refund of the deposit and dismissed her claim.

Get Advice 

We are committed to the health and safety of our community and helping ‘flatten the COVID-19 curve’. Our office remains open, but for the health and safety of all members of our community we will be limiting in-person client engagements in our office until further notice.

Your matters are extremely important to us and we want to assure you that business will not be disrupted.

If you have any questions we encourage you to contact us at info@cmlawyers.ca. Let’s continue to take care of each other during this difficult time.

The corporate lawyers at Cherkowski Marsden LLP in Vernon and Salmon Arm have over 50 years of combined experience helping clients structure their businesses and/or incorporate new or existing companies. We will thoroughly examine your options and help you determine the most advantageous business structure for your needs. We want to ensure that we come up with a strategy that best serves to minimize your costs and best affords you protection. We work with small, family-owned businesses as well as multinational corporations, and our experience and expertise are similarly varied. As a result, we are perfectly positioned to advise you as your business grows, keeping you informed of potential pitfalls and opportunities along the way. We will put together a proactive plan that best suits your current needs and can grow and change along with your business over time.

At Cherkowski Marsden LLP we work with business professionals at all levels and across a wide range of industries. We advise our clients on the advantages and disadvantages surrounding incorporation, joint ventures, partnerships, limited partnerships, and sole proprietorship. Our work doesn’t end once your business organization is in place; we will also work with you on business maintenance and will continue to highlight beneficial changes as the business evolves. If you are looking to establish, evolve or grow your business, contact us online or at 250-308-0338 (Vernon office) or 250-803-9171 (Salmon Arm office) to take advantage of our experienced and knowledgeable advice.

    The post Couple Not Entitled to Deposit Refund Following the Cancellation of Their Wedding Due to COVID-19 appeared first on Cherkowski Marsden LLP.

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[bsalawfirm-mississauga-blog]

What is Notary Public in Brampton

A notary public is an official person authorized that has the capability of acting as a secure, fair witness for the signing of important documents like  Affidavit and Statutory Declaration, General Power of Attorney. A notary public is able to give words and may have other official capacities depending on the jurisdiction.

Most notary publics carry a nominal fee for their services. A Notary Public in Brampton dispenses their official duties by marking documents with their signs and a distinctive embossed stamp or inked seal. A notary that has been witnessed by a notary public has been notarized.

History of Notary Public

The notary is generally as old as the civil law, which has its sources in the courts of Rome. Ancient Roman legal system became more arranged, the law courts became more and more rely on the use of scribes for keeping the government records. These scribes created a system of legal, called notary. In time, a legal scribe earned the name notaries.

The name has been stayed down through the ages. During the Middle Ages, the use of the notary public was often taken by the ministry, who was charged with writing private and public transactions, as well as drawing up official documents.

Role of Notary Public in Brampton

A notary public has been authorized by a specific organization, usually, a state government, to serve the services of a notary. These duties are usually defined as the witnessing of documents and the power of oaths. Some states also allow notary publics to verify copies of approved documents

Two of the most basic documents that a notary public will witness are for the sale or transfer of real property and the giving of power of attorney. A few more examples of the documents that a Notary Public in Brampton can officially witness include the following:

1.  Acknowledgments

2.  Affidavits

3.  Jurat

4.  Oaths

5. Formal protests

Some states give the notary public significantly more duties. For example:

A notary public in Louisiana can perform most of the services that a lawyer can provide the privilege of representing a different person before a court.

Some states demand the notary public maintain a report of official acts. Although holding a record of certain acts done is not mandated by all states, various licensed notary standards recommend that all notaries keep records of their actions.

1 - Sidebar: Legal Language

Have you wondered why legal documents are about as clear as mud?

The wording of the legal documents have to abide by certain customs and restrictions in order to have any binding effect in a court of law. This wording is called an acceptable language.

2 - Sidebar: Documents and Definitions

Know your jurat from your acknowledgment? Here are the meanings of some of the common documents handled by a notary public.

A - Acknowledgment: A legal declaration of an act.

B - Affidavit: A sworn statement of fact

C - Jurat: A part of an affidavit containing the oath or affirmation.

Benefits of Notary Public in Brampton

The benefits of using a Notary Public in Brampton are simple. 

By certifying the authenticity of the signing parties, the notary provides an economical way for corporations and people to enter into contracts and conduct business with a fair assurance that the notarized documents will be recognized in court.

Using a Notary Public in Brampton is a means to protect against cheating, as the notary is responsible for claiming the witness (signature) of a legal document to verify that person's personal identity. Although this is not the final proof of identity, it provides reasonable evidence of identity so that normal business can be conducted. A notary also acts as an impartial third party for parties entering into a legal create agreement.

ID for Notary Public in Brampton

Acceptable primary Photo Identification

1. Canadian or U.S. driver’s license

2. Passport

3. British Columbia Photo Identification Card

4. Canadian Citizen Identification

5. Canada identity card

6. Permanent Residency card

Acceptable secondary identification

1. Canadian Forces identification

2. Police identification

3. Foreign Affairs Canada or consular identification

4. Credit Card (only if the applicant’s name is on the card)

5. Picture Government Employee ID card

6. Firearms Acquisition Certificate

7. Social Insurance Card

8. BC Care Card

9. Native Status Card

10. Parole Certificate ID

11. Correctional Service Conditional Release Card

Complete the notary’s certificate or form

The appropriate notarial certificate or short form needs to be attached to the document. Besides the signer’s information, the notarial agent will also need to include details on the date and location of the notarial act, and a signature that matches their commission.

So the best way to go for your Public Notary by Choosing the Best Law Firm in Brampton. They will guide in the best possible way in Brampton.

[startupcanada]

Business Entities and Alternative Methods of Carrying on Business in Canada for Foreign Companies and Global Entrepreneurs

Corporations

A corporation with share capital is the most common form of business entity in Canada and enjoys advantages that make it the most practical form of business organization in most instances. Corporations may also be incorporated without share capital, generally for not-forprofit purposes. A corporation is a separate legal entity, distinct from its shareholders and management, that can hold property, carry on business and incur contractual and legal obligations.

Canadian legislation governing corporations distinguishes between non-offering corporations (commonly referred to as private or closely held corporations) and public offering corporations. Private corporations generally are subject to restrictions on the transfer of their shares, a maximum permitted a number of shareholders, excluding certain classes of individuals such as employees, and prohibitions against the issue of securities to the public. Public corporations do not have these restrictions and have taken steps under applicable provincial securities laws and stock exchange rules to permit their securities to be offered to, and traded by, the public.

Partnerships

In Canada, a partnership is not a separate legal entity but a relationship between persons (which may be individuals, corporations, trusts or other partnerships) carrying on business in common with a view to profit.

A corporation is free to enter into partnerships in Canada. The resources each partner contributes to a partnership would commonly be money, but could also be skills, labor, intellectual property or other property. The relationship of the partners is established by contract and is also subject to applicable provincial laws. Some provinces require that partnerships be registered. A partnership may take one of three forms, a “general partnership”, a “limited partnership” or a “limited liability partnership”.

Subject to the terms of their agreement, all partners in a general partnership are entitled to participate in ownership and management, and each assumes unlimited liability for the partnership’s debts and liabilities. To the extent that each partner in a general partnership is itself a limited liability corporation, the liability risk for such partners would be reduced (but not eliminated).

In a limited partnership, there is a separation between the partners who manage the business (general partners) and those who contribute only to capital (limited partners). A limited partnership must have at least one general partner, who will be subject to unlimited liability for the debts of the partnership. Limited partners are liable only to the extent of their capital contribution to the partnership provided they do not participate in the management of the business.

The third type of partnership is a limited liability partnership (LLP). In Canada, a limited liability partnership is only available in certain provinces, is governed by specific provincial legislation and is often only available to groups of professionals, such as lawyers, accountants, and doctors. In British Columbia (unlike other provinces), any kind of business may be carried on through an LLP. A limited liability partnership is a general partnership in which the liability of its partners is limited.

Joint Ventures

Two or more parties may engage in a joint venture or syndicate where they collaborate in a business venture. There is no specific statutory definition or regulatory scheme for joint ventures, at either the provincial or federal level, although they are not uncommon in certain industries such as construction and natural resources. A joint venture generally denotes an association of two or more persons, usually governed by a contract, pursuant to which such persons agree to combine their money, property, knowledge, skills and other resources in furtherance of the desired venture, typically agreeing to share the profits and losses, with each having some degree of control over the venture.

To help avoid the presumption that a partnership has been formed, the joint venture agreement should declare that a partnership is not intended. The agreement should also set out the scope of the venture and the method of control and decision-making. It should stipulate the rights and obligations of the participants and provide mechanisms for the settlement of disputes. Unlike a corporation, a joint venture is not a distinct legal entity. It cannot sue or be sued. Such rights and liabilities are attached to the entities involved in the joint venture.

Fast & Easy Canada Company Registration for Non-Canadian Residents

Company Formations provides fast and easy Company Registration in Canada for non-Canadians residents and provides all the documents your new Canada corporation will need to stay up-to-date and in compliance with your province of registration corporation law.

Incorporation Fees:

$2200 (All-Inclusive)

Our Canada Incorporation Service includes:

Name Search Report Preparation of Articles of Incorporation and Incorporation Documents Incorporation Agreement By-Laws, Company Minute Book, Share Certificates Canada Registered Agent Service for 1 year Government Fees Our Service Fees Original Certificates Copy of Documents in PDF Taxes

For more information about our Canada company registration service, please contact us at orders@companyformations.ca

The post Business Entities and Alternative Methods of Carrying on Business in Canada for Foreign Companies and Global Entrepreneurs appeared first on Company Formations Canada.

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[mikemortgage]

What makes a ‘spouse’? In family court, the details can make all the difference

Who qualifies as a common-law spouse? And what are the implications of being “common law”?

As with many questions asked of family law lawyers, the answer is “it depends.”

The definition of “spouse” differs, depending on the legislation under which a person seeks relief. For example, tax relief under the federal Income Tax Act requires cohabitation of only one year.

In British Columbia, an unmarried couple cohabiting for two years can make both spousal support and property claims against the other.

For unmarried couples, splitting the house on separation is no sure thing

She paid the insurance premiums for 13 years, but his new spouse got the payout — until the court intervened

Child support doesn’t necessarily end at 18, especially when education is involved

In Ontario, while spousal support claims can be made after three years of unmarried cohabitation, there is no statutory right to make property claims against the other, no matter how long the unmarried couple has lived together.

To claim spousal support, the Ontario Family Law Act requires that an unmarried couple must have “cohabited continuously for a period of not less than three years.” “Cohabit” is defined as “to live together in a conjugal relationship … outside marriage.”

Many couples are in a committed relationship but maintain separate residences. In these circumstances, can there be a claim for spousal support?

Justice Sharon Shore of the Superior Court of Ontario considered this issue in a decision delivered in February of this year.

In the case, the parties started their relationship in 2001 when the woman was 38 and the man was 46; the relationship ended some 14 years later, in 2015.

When their relationship started, the woman, a former model, was earning $60,000 per year; the man was very wealthy.

Each had children by a former spouse. The woman was the primary parent of her two children, and lived a few blocks from the man.

Within a month of their initial meeting, the man began to pay all of the expenses for the woman’s home, gave her a monthly allowance, access to credit cards, a car, and medical/dental insurance. He also paid all of their expenses when they were together, including luxury holidays which often included trips on a private jet. The woman stopped working when he started paying her expenses. The couple spent most of each summer together at his cottage, and for much of each winter, spent time regularly at his condo in Florida.

Nevertheless, for the entirety of their fourteen-year relationship, each maintained their own Toronto home.

At trial, the man said that the woman was merely a travel companion, and that throughout their relationship, he told her that he would not share a Toronto home unless she signed a cohabitation agreement.

While draft cohabitation agreements were prepared, no cohabitation agreement was ever signed.

At trial, the woman said that they had separate residences because of child-related obligations.

Justice Shore analyzed the evidence given by both parties and their witnesses in considerable detail. Finding much of the evidence self-serving, Her Honour understandably adopted the reasoning in MacMillan-Dekker v. Dekker, saying, “Objective contemporaneous evidence is far more probative of the nature of the parties’ relationship than the (oral) evidence of the parties in the midst of acrimonious and bitter proceedings.”

The facts on which Her Honour relied included that the man often referred to the woman as having his last name and provided very generous gifts to the woman and her children. Her Honour found that the parties had dinner together almost every night at one of their homes, and that the man filled in the woman’s passport information using his home address and named his brother as her emergency contact, referring to him as her “brother-in-law.”

Her Honour found that the woman and her family were invited regularly to extended family events, and noted that she had walked down the aisle with the man and stood under the wedding canopy with him at his daughter’s wedding.

In addition, Justice Shore found that the man had asked the woman to marry him and that over the course of several years, they had exchanged rings. The parties also celebrated the anniversary of their meeting annually.

Nevertheless, the definition of “spouse” under the Family Law Act requires that to qualify as a “spouse,” the parties must “live together in a conjugal relationship.”

In attempting to demonstrate that the woman was not a “spouse” and not entitled to claim spousal support, the man relied on the fact that they had never shared a Toronto home, had no joint bank accounts, and that there was no melding of their immediate family units over the years.

In deciding whether the woman was a “spouse,” Justice Shore reviewed factors commonly considered: Whether the parties shared shelter; their sexual and personal behaviour vis a vis the other; their social activities; any economic support given by one to the other; the intermingling of their families; and whether the parties were perceived socially as a couple.

While Justice Shore acknowledged that in 1999, the Supreme Court of Canada in M. v H., said “that the definition of “conjugal” was “contextual and flexible” with the weight to be given to the various facts varying “widely and almost infinitely,” she noted that the parties had not shared a Toronto home over their 14-year relationship.

Ultimately, however, Justice Shore decided that “separate residences does not prevent the finding of cohabitation. The court must look at all of the circumstances and consider the reasons for maintaining another residence, such as to facilitate access with one’s children…. Intention of (the) parties is important. Where there is a long period of companionship and commitment and an acceptance by all who knew them as a couple, continuous cohabitation should be found.”

Justice Shore found that the woman qualified as a “spouse,” saying “the dynamic of their relationship was such that all of the elements were present to some degree or another, but when viewed all together, lead to the conclusion that they were spouses.”

The case confirms that there is no bright line when determining who is a “spouse.”

Laurie H. Pawlitza is a senior partner in the family law group at Torkin Manes LLP in Toronto. lpawlitza@torkinmanes.com

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