In yet another highly acrimonious family law trial, C.K.C. v. P.R.C., 2024 BCSC 279, the court was asked to address multiple issues including parenting time, child support, the division of property and excluded property, all in the context of a highly unusual case, where the self-represented father announced to the court on day three of
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Self-represented Litigant Abandons Trial Only to Seek Remedy from Appeal Court
The British Columbia Court of Appeal delivered reasons in P.R.C. v. C.K.C., 2024 BCCA 363, a high-conflict case, where the self-represented husband abandoned the trial on day three, only to file an appeal of the financial orders on the grounds of procedural unfairness.
However, he did not seek a new trial — rather, he asked…
Capacity Issues Regarding Divorce and Reconciliation
George Chuvalo was a Canadian professional boxer of some renown, winning five heavyweight Canadian titles and was a two-time heavyweight world title challenger, sparring with the likes of Mohammed Ali, Joe Frazier and George Foreman.
In Chuvalo v. Chuvalo, 2018 ONSC 311, the court was asked to consider whether George Chuvalo had the capacity to…
Onus of Proof of Excluded Property Still Up in the Air
The parties in Parviziv. Taherzadeh, 2024 BCCA 205, were in the midst of their 10-day trial when an issue arose as to the value of a property, alleged by Mesbah Taherzadeh to be excluded property. The issue on appeal was whether Taherzadeh bore the onus of proving both that the property was excluded, and the…
Limitation Period Raised as Defence to Debt Between Spouses
The court’s observation in June 2021 that the litigation between TO and DO was “fast and furious…heading for a very lengthy and expensive trial” was prescient, a legal journey with 4 hearings in the Superior Court, and the sad death of TO in August 2023, culminating in a final appeal that took 4 hearings, with…
Appeal Court Upholds Finding that Adult Children Remain Dependent
The Bye’s divorced in 2010. In 2015 they entered into a consent order for child support for their two children, who were then 10 and 12 years old. The youngest child turned 19 in August of 2019 and the eldest attained the age of 19 in February 2021. Both remained in the primary residence of Ms. Bye.…
Advertising for Clients? Buyer Beware.
The practice of law is both a profession and a business. Many lawyers can rely on their winning track record and high ethics to gain a reputation that engenders word-of mouth referrals.
Other lawyers buttress their status in the profession with advertising. Gone are the days, however, of yellow pages ads.
Today’s lawyers utilize television,…
Court Refuses to Provide State-Funded Counsel for Child Protection Appeal
Nova Scotia’s Children and Family Services Act provides authority for the Minister of Community Services to supervise and manage Nova Scotia’s child protection legislation and to appear in court with respect to any matter arising pursuant to the legislation. Each province in Canada has similar legislation, with Ontario’s Act for the Prevention of Cruelty to…
Court Refuses to Characterize Debt from Bankrupt Husband to Wife as Spousal Support
In Davidson v. Davidson, 2024 BCSC 331, the parties separated after eight years of marriage. In a consent order in September 2020, they agreed that Allan Davidson would purchase the parties’ family home in Fort McMurray and assume the mortgage while Alysa Davidson would retain a home in Vernon, B.C.
Notwithstanding that neither party claimed…
Love and Legal Fees are Incompatible
In 1990 Park Avenue family practice doctor, G.Peta Carrera, hired his girlfriend, Manhattan lawyer, Christine Anderson, to represent him in a civil suit where he was accused of sexually molesting a patient.
Because they had been together for ten years, Ms. Anderson did not insist on a cash retainer from Dr. Carrera but instead took…