With the introduction of family violence provisions in British Columbia’s Family Law Act in 2013 and the recent amendments to the Divorce Act, domestic violence is no longer a taboo subject in family law proceedings, no longer swept under the rug and ignored in favor of a focus on financial issues.  In 2022 the Supreme Court of Canada considered the issue of family violence in Barendregt v. Grebliunas 2022 SCC 22, finding  “untenable any suggestion…that domestic abuse or family violence has no impact on children and has nothing to do with the perpetrator’s parenting.” The court ..read more

“Marriages between the very old and the very young raise eyebrows and turn heads. In popular culture, a ‘May-December’ marriage invariably provokes the ire of adult children who deem the younger spouse a “gold-digger” and plot to protect their inheritance.” That is how Madam Justice Renu Mandhane began her judgment in Tanti v. Tanti et al 2020 ONSC 8063, a case where Mr. Paul Tanti’s son, Raymond became enraged when his elderly father married a much younger woman and took steps to interfere in their union, actions that culminated in what turned out to be an ex parte order giving Raymond guardi ..read more

                           The Eldridge’s met on an archeological dig, married in 1977, and as archeologists worked together in their consulting business, Millenia, for several years. Four children were born and Ms. Eldridge became their primary caregiver while her husband travelled to work sites. The parties separated in 2010 when Ms. Eldridge was 54 and her spouse 57, with one child with special needs remaining at home. They were divorced in 2016.  After year ..read more

In JP v. KS 2023 BCCA 408 the court considered whether the registrar of the court had erred by denying JP’s application to submit limited portions of the oral transcripts from the court below for his family law appeal. The main issue on appeal was whether the trial judge erred in law by adopting certain facts and credibility findings from a prior civil proceeding for tortious battery between the parties. Pursuant to Rule 24(3) of the Court of Appeal Rules, a party must obtain transcripts of oral testimony if they are required to determine the issues raised on appeal.  JP asserted that ful ..read more

The problem? A 15-day family law trial with the claimant calling 21 witnesses. The answer? A trial management conference to discuss the trial process and review evidentiary issues.  In Bartch v. Bartch 2017 BCSC 1625 the parties attended such a conference in January 2017, where the presiding judge ordered the parties to exchange “will-say” statements and contact information for the witnesses listed in their respective trial briefs, to be provided no later than 3 months from the date of the order. In April 2017 the claimant provided two letters to the respondent which the chambers judge de ..read more

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