Back Child Support for Teenage Children
The issue of back child support for teenage children often arises after a teenager alters the status quo by moving from one parent’s residence to the other….
No Deemed Blameworthiness for Retroactive Child Support
The Supreme Court of Canada articulated the test for retroactive child support in D.B.S. v. S.G.R., 2006 SCC 37. Since then, the nuances of retroactive child support…
Retroactive Reduction of Back Child Support
The factors a court must consider before making an order for back child support were identified by the Supreme Court of Canada in D.B.S. v. S.R.G., 2006 SCC 37….
The Scale of Blameworthiness: When Does Child Support Start?
Once a court determines that a retroactive child support award should be ordered, it must then decide on the date of retroactivity; in other words, when does…
Fiduciary Duty: Are Beneficiaries Dependent or Vulnerable?
The case of Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 SCR 574 raised the question of when one party owes a fiduciary duty to another,…
A Power of Attorney Must Act in Good Faith
The case, Robillard v. Robillard Estate, 2015 BCSC 1417, highlights the responsibilities of a power of attorney, and the potential for a dishonest person to abuse that role. Marc…
Can you Rebut the Presumption of Resulting Trust?
This landmark case (Pecore v. Pecore, 2007 SCC 17) concerned the distribution of a father’s assets to his adult daughter. Two of his three children were financially secure…
Supreme Court Clarifies Applicability of Presumption of Advancement in Estate and Family Law
In recent years, family practitioners and estate litigators have struggled to confidently articulate the law regarding the effect of transfers of property into a spouse’s name. Upon…
Case Comment: Estate of Young, 2015 BCSC 182
Background Last spring, the Wills, Estates and Succession Act (“WESA”) came into force, modernizing estate law in British Columbia. WESA was created in order to provide greater…