syllabus family law (british columbiadocs.flsc.ca/ncasyllabusfamilylawbcjan2016v3.pdfworld exchange...

World Exchange Plaza 1810

(British Columbia

Candidates are advised that the syllabus may be updated from

Candidates are

World Exchange Plaza 1810

Tel: (613) 236

Family Law

British Columbia

(revised

Candidates are advised that the syllabus may be updated fromtime

Candidates are most current syllabus available.

World Exchange Plaza 1810 - 45 O'Connor Street Ottawa Ontario K1P 1A4

Tel: (613) 236-1700 Fax: (613) 236

Syllabus

Family Law

British Columbia

(revised January

Candidates are advised that the syllabus may be updated fromtime-to-time without prior notice.

Candidates are responsible for obtaining themost current syllabus available.

45 O'Connor Street Ottawa Ontario K1P 1A4

1700 Fax: (613) 236 - 7233 www.flsc.ca

Syllabus

Family Law

British Columbia

January

Candidates are advised that the syllabus may be updated fromtime without prior notice.

responsible for obtaining the

most current syllabus available.


7233 www.flsc.ca

Syllabus

Family Law

British Columbia

January 2016


responsible for obtaining themost current syllabus available.


7233 www.flsc.ca

Family Law

British Columbia

6)


responsible for obtaining the most current syllabus available.

British Columbia)

Candidates are advised that the syllabus may be updated from

NOTEread the cases in the syllabus in addition to the latest COURSE DESCRIPTION This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be addressed. The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statutlaw. Crossmultiplicity and lack of uniformity. The objectives of this course are as follows:

NOTE: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest COURSE DESCRIPTION This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be addressed. The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statutlaw. Cross-references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity. The objectives of this course are as follows: to provide an overview of family law with particular emphasis on t

consequences of family breakdown and divorce to analyse contemporary issues in family law to develop legal skills in dealing with family disputes to identify the special nature of family disputes and innovative approaches to

as mediation, arbitration and custody assessments.

: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest

COURSE DESCRIPTION

This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be

The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statut

references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity.

The objectives of this course are as follows:

to provide an overview of family law with particular emphasis on tconsequences of family breakdown and divorce

to analyse contemporary issues in family law

to develop legal skills in dealing with family disputes

identify the special nature of family disputes and innovative approaches to as mediation, arbitration and custody assessments.


COURSE DESCRIPTION



references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity.









references to statutes in other provinces and territories are not feasible because of their






Family Law (

2

: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest editions of relevant texts.


The primary sources of family law in Canada are found in the federal provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statut






Family Law (

: Family Law is an evolving subject that makes it imperative that examination candidates editions of relevant texts.


found in the federal Divorce Actprovincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statut


to provide an overview of family law with particular emphasis on the economic and parenting

identify the special nature of family disputes and innovative approaches to

Family Law (B.C.



Divorce Act and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statut


he economic and parenting

identify the special nature of family disputes and innovative approaches to their resolution, such

B.C.)



and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statut



their resolution, such

: Family Law is an evolving subject that makes it imperative that examination candidates


and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and British Columbia statute



their resolution, such

PRIMARY TEXT AND STATUTES 1. 2. 3. 4. 5. 6. 7. REFERENCE MATERIALS Payne and Payne, EXAMINATION The examination is a threeexamination room.must know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar

PRIMARY TEXT AND STATUTES 1. Payne and Payne, 2. The Honorable Justice Carol Practice 3. Divorce Act 4. Federal Child Support 5. Spousal Support Advisory Guidelines 6. Family Law Act 7. Interjurisdictional Support Orders Act REFERENCE MATERIALS Payne and Payne, EXAMINATION The examination is a threeexamination room.must know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar

PRIMARY TEXT AND STATUTES

Payne and Payne,

The Honorable Justice CarolPractice, 2016 Edition, LexisNexis Canada.

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as amended.

Federal Child Support

Spousal Support Advisory Guidelines

Family Law Act, S.B.C. 2011, c. 25.

Interjurisdictional Support Orders Act

REFERENCE MATERIALS

Payne and Payne, Child Support Guidelines in Canada,

EXAMINATION

The examination is a threeexamination room. Students who are unfamiliar must know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar


Payne and Payne, Canadian Family Law

The Honorable Justice Carol, 2016 Edition, LexisNexis Canada.

, R.S.C. 1985, c. 3 (2nd Supp.), as amended.

Federal Child Support Guidelines


, S.B.C. 2011, c. 25.

Interjurisdictional Support Orders Act

REFERENCE MATERIALS

Child Support Guidelines in Canada,

The examination is a three-hour openStudents who are unfamiliar

must know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar


Canadian Family Law

The Honorable Justice Carol Huddart and Trudi L. Brown, Q.C., , 2016 Edition, LexisNexis Canada.


Guidelines, SOR/97

Spousal Support Advisory Guidelines (Department of Justice, Canada, July 2008)

, S.B.C. 2011, c. 25.

Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29

Child Support Guidelines in Canada,

hour open-book exam. Students may take any material they wish into the Students who are unfamiliar


3

Canadian Family Law, 6th ed., 2015, Irwin Law, (hereinafter Payne, C.F.L.)

and Trudi L. Brown, Q.C., , 2016 Edition, LexisNexis Canada.


, SOR/97-175, 8 April, 1997, as amended.

(Department of Justice, Canada, July 2008)

, S.B.C. 2002, c. 29

Child Support Guidelines in Canada, 2015

book exam. Students may take any material they wish into the Students who are unfamiliar with open-book examinations are advised that they


, 6th ed., 2015, Irwin Law, (hereinafter Payne, C.F.L.)

and Trudi L. Brown, Q.C.,


175, 8 April, 1997, as amended.


, S.B.C. 2002, c. 29

2015, Irwin Law

book exam. Students may take any material they wish into the book examinations are advised that they



and Trudi L. Brown, Q.C., British Columbia Family Law



, Irwin Law




British Columbia Family Law




must know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar.


British Columbia Family Law


must know their material before the examination is held. There will not be time during the examination

COURSE CON I

I

COURSE CON I INTRODUCTION

1.

2.

3.

4.

II FAMILY VIOLENCE

COURSE CONTENT

INTRODUCTION

Definition of Marriage and Family

Reference re Same Civil Marriage Act Civil Marriage of Non M. v. H., [1999] 2 S.C.R. 3 Québec (Attorney Jackson v. Zaruba,

Kerr v. Baranow

Family Law Act

Constitutional Framework

Payne, C.F.L., 10

Fragmentation of Judicial Jurisdiction

Payne, C.F.L., 12

Formation and Annulment of Marriage

Payne, C.F.L., 14

FAMILY VIOLENCE

Payne, C.F.L., 90 Canadian Foundation for [2004] 1 S.C.R. 76

INTRODUCTION


Reference re Same-Sex Marriage

Civil Marriage Act, S.C. 2005, c. 33

Civil Marriage of Non

, [1999] 2 S.C.R. 3

Québec (Attorney General) v. A

Jackson v. Zaruba, 2013 BCCA 81, [2013] B.C.J. No. 545 (C.A.) (Quicklaw)

Kerr v. Baranow and

Family Law Act, ss.1 and 3


Payne, C.F.L., 10-11





FAMILY VIOLENCE

Payne, C.F.L., 90-129

Canadian Foundation for [2004] 1 S.C.R. 76


Sex Marriage

, S.C. 2005, c. 33

Civil Marriage of Non-Residents Act,

, [1999] 2 S.C.R. 3

General) v. A.

2013 BCCA 81, [2013] B.C.J. No. 545 (C.A.) (Quicklaw)

and Vanasse v. Seguin

, ss.1 and 3


11


13


37

129

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney

4


Sex Marriage, [2004] 3 S.C.R. 698

, S.C. 2005, c. 33

Residents Act, S.C. 2013, c. 32

, 2013 SCC 5, [2013] S.C.J. No. 5 (Quicklaw)


Vanasse v. Seguin, [2011] 1 S.C.R. 269



Children, Youth and the Law v. Canada (Attorney

, [2004] 3 S.C.R. 698

S.C. 2013, c. 32



[2011] 1 S.C.R. 269




[2011] 1 S.C.R. 269




Children, Youth and the Law v. Canada (Attorney-General

General),

III

III DIVORCE

1.

2.

3.

4.

5.

DIVORCE (INCLUDING COROLLARY PROCEEDINGS FOR SUPPORT AND CUSTODY)

Emotional Dynamics of Marriage Breakdown; Dispute Resolution Processes

Divorce Ac Family Law Act Payne C.F.L., 130

Jurisdiction

Divorce Act Payne, C.F.L., 174 L.R.V. v. A.A.V. (Virani v. reasons, [2006] B.C.J. No. 1610 (Quicklaw), 264 D.L.R. (4th) 524 and 532 (B.C.C.A.)

Marriage Breakdown as Ground for Divorce

Divorce Act Payne, C.F.L., 191

Bars to Divorce

Divorce Act, s. 11 Payne, C.F.L., 204 Bruker v. Marcovitz,

Effective Date and Effect of Divorce

Divorce Act, Payne, C.F.L., 186

(INCLUDING COROLLARY PROCEEDINGS FOR SUPPORT AND CUSTODY)


Divorce Act, ss. 9 and 10 Family Law Act, Part 2, Resolution of Family Disputes

Payne C.F.L., 130-172

Jurisdiction

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

Payne, C.F.L., 174-185

L.R.V. v. A.A.V. (Virani v. reasons, [2006] B.C.J. No. 1610 (Quicklaw), 264 D.L.R. (4th) 524 and 532 (B.C.C.A.)


Divorce Act, s. 8

Payne, C.F.L., 191-204

Bars to Divorce

Divorce Act, s. 11

Payne, C.F.L., 204-215

Bruker v. Marcovitz,


Divorce Act, ss. 12, 13 and 14

Payne, C.F.L., 186-188



t, ss. 9 and 10

, Part 2, Resolution of Family Disputes

172

, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

185

L.R.V. v. A.A.V. (Virani v. Virani)reasons, [2006] B.C.J. No. 1610 (Quicklaw), 264 D.L.R. (4th) 524 and 532 (B.C.C.A.)


204

215

Bruker v. Marcovitz, [2007] 3 S.C.R. 607


ss. 12, 13 and 14

188

5




, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

Virani), [2006] B.C.J. No. 264 (Quicklaw) (C.A.), supp. reasons, [2006] B.C.J. No. 1610 (Quicklaw), 264 D.L.R. (4th) 524 and 532 (B.C.C.A.)


[2007] 3 S.C.R. 607





, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3-7, as amended by S.C. 1993, c. 8, s. 4

[2006] B.C.J. No. 264 (Quicklaw) (C.A.), supp. reasons, [2006] B.C.J. No. 1610 (Quicklaw), 264 D.L.R. (4th) 524 and 532 (B.C.C.A.)




7, as amended by S.C. 1993, c. 8, s. 4










6. Recognition of Foreign Divorces

Divorce Act Payne, C.F.L., L.R.V. v. A.A.V. (Virani v. Virani),B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.) R.N.S. v. K.S.,

7. Interim Support Orders


8. Child Support Orders

Divorce Act Federal Child Support Guidelines Payne, C.F.L., 370 Chartier v. H.(U.V.) v. H.(M.W.), W.P.N. v. B.J.N De Beck v. De Beck Francis v. Baker Contino v. Leonelli Maultsaid v. Blair, Kowalewich v. Kowalewich D.B.S. v. S.R.G., L.J.W. v. T.A.R., Henry v. Henry, Hiemstra v. Hiemstra231

Recognition of Foreign Divorces

Divorce Act, s. 22 Payne, C.F.L., L.R.V. v. A.A.V. (Virani v. Virani),B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.) R.N.S. v. K.S.,

Interim Support Orders


Child Support Orders

Divorce Act, ss. 15.1 and 15.3 Federal Child Support Guidelines Payne, C.F.L., 370 Chartier v. Chartier H.(U.V.) v. H.(M.W.), W.P.N. v. B.J.N De Beck v. De Beck Francis v. Baker Contino v. Leonelli Maultsaid v. Blair, Kowalewich v. Kowalewich D.B.S. v. S.R.G., L.J.W. v. T.A.R., Henry v. Henry, Hiemstra v. Hiemstra231


, s. 22

Payne, C.F.L., 188-190

L.R.V. v. A.A.V. (Virani v. Virani),B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.)

R.N.S. v. K.S., 2013 BCCA 406


subs. 15.1(2) and 15.2(2)

Payne, C.F.L., 218-224 and 487

Child Support Orders

, ss. 15.1 and 15.3


Payne, C.F.L., 370-503 and 603

Chartier, [1999] 1 S.C.R. 242

H.(U.V.) v. H.(M.W.), [2008] B.C.J. No. 717 (Quicklaw), 59 R.F.L. (6th) 25 (C.A.) W.P.N. v. B.J.N., [2005] B.C.J. No. 12 (Quicklaw), 36 B.C.L.R. (4th) 330 (C.A.)

De Beck v. De Beck, 2012 BCCA 465, [2012] B.C.J. No. 2414

Francis v. Baker, [1999] 3 S.C.R. 250

Contino v. Leonelli-Contino, Maultsaid v. Blair, [2009] B.C.J. No. 467 (Quicklaw), 267 B.C.A.C. 139 (C.A.)

Kowalewich v. Kowalewich

D.B.S. v. S.R.G., L.J.W. v. T.A.R., Henry v. Henry, Hiemstra v. Hiemstra


L.R.V. v. A.A.V. (Virani v. Virani), [2006] B.C.J. No. 264, supp. reasons, [2006] B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.)

2013 BCCA 406


subs. 15.1(2) and 15.2(2)

224 and 487-488

, ss. 15.1 and 15.3

Federal Child Support Guidelines, SOR/97

503 and 603-605

, [1999] 1 S.C.R. 242

[2008] B.C.J. No. 717 (Quicklaw), 59 R.F.L. (6th) 25 (C.A.)

., [2005] B.C.J. No. 12 (Quicklaw), 36 B.C.L.R. (4th) 330 (C.A.)

, 2012 BCCA 465, [2012] B.C.J. No. 2414

, [1999] 3 S.C.R. 250

Contino, [2005] 3 S.C.R. 217

[2009] B.C.J. No. 467 (Quicklaw), 267 B.C.A.C. 139 (C.A.)

Kowalewich v. Kowalewich, [2001] B.C.J. No. 1406 (Quicklaw), 19


6

[2006] B.C.J. No. 264, supp. reasons, [2006] B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.)

subs. 15.1(2) and 15.2(2)

488

SOR/97-175, 8 April, 1997

605

, [1999] 1 S.C.R. 242



, 2012 BCCA 465, [2012] B.C.J. No. 2414

, [1999] 3 S.C.R. 250

[2005] 3 S.C.R. 217


, [2001] B.C.J. No. 1406 (Quicklaw), 19


[2006] B.C.J. No. 264, supp. reasons, [2006] B.C.J. No. 1610, 264 D.L.R. (4th) 524 and 532 (C.A.)

175, 8 April, 1997



, 2012 BCCA 465, [2012] B.C.J. No. 2414

[2005] 3 S.C.R. 217


, [2001] B.C.J. No. 1406 (Quicklaw), 19


[2006] B.C.J. No. 264, supp. reasons, [2006]

175, 8 April, 1997 as amended



, 2012 BCCA 465, [2012] B.C.J. No. 2414 (C.A.) (Quicklaw)


, [2001] B.C.J. No. 1406 (Quicklaw), 19 R.F.L.(5th) 330 (C.A.)



as amended



(C.A.) (Quicklaw)


R.F.L.(5th) 330 (C.A.)

D.B.S. v. S.R.G., L.J.W. v. T.A.R., Henry v. Henry, Hiemstra v. Hiemstra, [2006] 2 S.C.R.


R.F.L.(5th) 330 (C.A.)

, [2006] 2 S.C.R.


9. Spousal Support

Divorce Act Payne, C.F.L., 216 Spousal Support Advisory Guidelines Moge v. Moge, Bracklow v. Bracklow Miglin v. Miglin Boston v. Boston Chutter v. Chutter, Leskun v. Leskun Yemchuk v. Yemchuk, McKenzie v. Perestrelo

10. Variation, Rescission or Suspension of Corollary Support Orders

Divorce Act Federal Child Support Guidelines Payne, C.F.L., 300 L.M.P. v. L.S., R.P. v. R.C., O.L.G. v. D.C.G Morigeau v. Moorey

Spousal Support

Divorce Act, ss. 15.2 and 15.3 Payne, C.F.L., 216 Spousal Support Advisory Guidelines Moge v. Moge, Bracklow v. Bracklow Miglin v. Miglin Boston v. Boston Chutter v. Chutter,

Leskun v. Leskun Yemchuk v. Yemchuk, McKenzie v. Perestrelo

Variation, Rescission or Suspension of Corollary Support Orders

Divorce Act, s. 17 Federal Child Support Guidelines Payne, C.F.L., 300 L.M.P. v. L.S., R.P. v. R.C., O.L.G. v. D.C.G Morigeau v. Moorey

Spousal Support

, ss. 15.2 and 15.3

Payne, C.F.L., 216-369


Moge v. Moge, [1992] 3 S.C.R. 813

Bracklow v. Bracklow, [1999] 1 S.C.R. 420

Miglin v. Miglin, [2003] 1 S.C.R. 303

Boston v. Boston, [2001] 2 S.C.R. 413

Chutter v. Chutter, 2008 BCCA 507, [2008] B.C.J. No. 239

Leskun v. Leskun, [2006] 1 S.C.R. No. 920

Yemchuk v. Yemchuk, [2005] B.C.J. No. 1748 (Quicklaw), 16 R.F.L. (6th) 430 (C.A.)

McKenzie v. Perestrelo, 2014 BCCA 161, [2014] B.C.J. No. 734 (C.A.) (Quicklaw)


, s. 17


Payne, C.F.L., 300-320 and 444

L.M.P. v. L.S., [2011] 3 SCR 775

R.P. v. R.C., [2011] 3 SCR 819

O.L.G. v. D.C.G., 2015 BCCA 474, [2015] B.C.J. No. 584 (C.A.)(Quicklaw)

Morigeau v. Moorey, 2015 BCCA 160, [2015] B.C.J. No. 734 (C.A.)(Quicklaw)

, ss. 15.2 and 15.3


[1992] 3 S.C.R. 813

, [1999] 1 S.C.R. 420

, [2003] 1 S.C.R. 303

, [2001] 2 S.C.R. 413

2008 BCCA 507, [2008] B.C.J. No. 239

, [2006] 1 S.C.R. No. 920




Federal Child Support Guidelines, s. 14

320 and 444-460

[2011] 3 SCR 775

[2011] 3 SCR 819

BCCA 474, [2015] B.C.J. No. 584 (C.A.)(Quicklaw)

, 2015 BCCA 160, [2015] B.C.J. No. 734 (C.A.)(Quicklaw)

7

Spousal Support Advisory Guidelines (Department of Justice,

, [1999] 1 S.C.R. 420

, [2001] 2 S.C.R. 413

2008 BCCA 507, [2008] B.C.J. No. 239

, [2006] 1 S.C.R. No. 920




, s. 14

460



Department of Justice,







Department of Justice, Canada, July 2008)

8 (C.A.) (Quicklaw)






Canada, July 2008)

8 (C.A.) (Quicklaw)






11. Interjurisdictional Support Orders

Divorce Act Herriman v. Beresford (Blais),

12. Custody and Access

Divorce Act Payne, C.F.L., 504 Gordon v. Goertz Young v.

13. Effect of Corollary Orders

Divorce Act,

14. Appeals

Divorce Act,

15. Evidence and Procedure

Divorce Act,

16. Transitional Provisions


Interjurisdictional Support Orders

Divorce Act, Herriman v. Beresford (Blais),

Custody and Access

Divorce Act, ss. 16 (original order) and 17 (variation, rescission or suspension) Payne, C.F.L., 504 Gordon v. Goertz Young v. Young

Effect of Corollary Orders

Divorce Act,

Appeals

Divorce Act,

Evidence and Procedure

Divorce Act,

Transitional Provisions



, ss. 18 and 19

Herriman v. Beresford (Blais),

Custody and Access

, ss. 16 (original order) and 17 (variation, rescission or suspension)

Payne, C.F.L., 504-651 Gordon v. Goertz, [1996] 2 S.C.R. 27

Young, [1993] 4 S.C.R. 3


Divorce Act, s. 20

Divorce Act, s. 21


Divorce Act, ss. 23, 24, 25 and 26

Transitional Provisions



ss. 18 and 19

Herriman v. Beresford (Blais), 2012 BCCA 437, [2012] B.C.J. No. 2382 (C.A.)


, [1996] 2 S.C.R. 27

, [1993] 4 S.C.R. 3



ss. 23, 24, 25 and 26


8


2012 BCCA 437, [2012] B.C.J. No. 2382 (C.A.)


, [1996] 2 S.C.R. 27

2012 BCCA 437, [2012] B.C.J. No. 2382 (C.A.)


2012 BCCA 437, [2012] B.C.J. No. 2382 (C.A.)




(Quicklaw)

I

V

IV CHILD AND SPOUSAL

1. Definitions of "Child", "Parent" and "Spouse"; Status of Applicant

2. Parentage

3. Statutory Support Obligations; Applicable Criteria; Types of Order

4. Enforcement of Support Orders

5. Variation Proceedings

V CARE OF AND TIME WITH CHILDREN UNDER PROVINCIAL ABDUCTION

CHILD AND SPOUSAL

Definitions of "Child", "Parent" and "Spouse"; Status of Applicant

Family Law Act Interjurisdictional Support Orders Act, Austin v. Goerz, Payne, C.F.L., 600

Parentage

Family Law Act

Statutory Support Obligations; Applicable Criteria; Types of Order

Family Law Act

Enforcement of Support Orders

Family Maintenance Enforcement Act,

Variation Proceedings

Family Law Act Luney v. Luney

CARE OF AND TIME WITH CHILDREN UNDER PROVINCIAL ABDUCTION

Family Law Act A.A.A.M. v. British Columbia (Children and Family Development),sub nom. A.A.A.M. v. British Columbia (Director of Adoption)(Quicklaw) Thomson v. Thoms Payne, C.F.L., 606

CHILD AND SPOUSAL SUPPORT UNDER PROVINCIAL LEGISLATION


Family Law Act, ss. 1, 3 and 146

Interjurisdictional Support Orders Act,

Austin v. Goerz, [2007] B.C.J. No. 2546 (Quicklaw), 287

Payne, C.F.L., 600-606

Family Law Act, Part 3






Family Law Act, ss. 152 (child support) and 167 (spousal support)

Luney v. Luney, [2007] B.C.J. No. 2483 (Quicklaw), 45 R.F.L. (6th) 10 (B.C.C.A.)

CARE OF AND TIME WITH CHILDREN UNDER PROVINCIAL


A.A.A.M. v. British Columbia (Children and Family Development),.

A.A.A.M. v. British Columbia (Director of Adoption)(Quicklaw)

Thomson v. Thomson

Payne, C.F.L., 606-651

SUPPORT UNDER PROVINCIAL LEGISLATION


, ss. 1, 3 and 146

Interjurisdictional Support Orders Act,

[2007] B.C.J. No. 2546 (Quicklaw), 287

606

Part 3


Part 7




, ss. 152 (child support) and 167 (spousal support)

, [2007] B.C.J. No. 2483 (Quicklaw), 45 R.F.L. (6th) 10 (B.C.C.A.)


, Part 4

A.A.A.M. v. British Columbia (Children and Family Development),

A.A.A.M. v. British Columbia (Director of Adoption)

on, [1994] 3 S.C.R. 551

651

9



, ss. 1, 3 and 146

Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29

[2007] B.C.J. No. 2546 (Quicklaw), 287


Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127





A.A.A.M. v. British Columbia (Director of Adoption)

, [1994] 3 S.C.R. 551



S.B.C. 2002, c. 29

[2007] B.C.J. No. 2546 (Quicklaw), 287


R.S.B.C. 1996, c. 127





A.A.A.M. v. British Columbia (Director of Adoption), [2015] B.C.J. No. 993(C.A.)



S.B.C. 2002, c. 29

[2007] B.C.J. No. 2546 (Quicklaw), 287 D.L.R. (4th) 69 (B.C.C.A.)


R.S.B.C. 1996, c. 127



CARE OF AND TIME WITH CHILDREN UNDER PROVINCIAL LEGISLATION; CHILD

A.A.A.M. v. British Columbia (Children and Family Development), 2015 BCCA 220,

[2015] B.C.J. No. 993(C.A.)

D.L.R. (4th) 69 (B.C.C.A.)


LEGISLATION; CHILD

2015 BCCA 220,

[2015] B.C.J. No. 993(C.A.)

D.L.R. (4th) 69 (B.C.C.A.)


LEGISLATION; CHILD

2015 BCCA 220,

V

VI MATRIMONIAL PROPERTY

1.

2.

3.

4.

5.

6.

7.

MATRIMONIAL PROPERTY

Family Law Act

Definitions of "Spouse" and “Spouses and Relationships Between Spouses”

Family Law Act

Indian Lands

Derrickson v. Derrickson

Triggering Events

Family Law Act,

Nature of Interest

Family Law Act,

Determining and Valuing Family Property and Family Debt; Excluded

Family Law Act,

Court-Ordered Unequal Division of Family Property or Family Debt; Division of

Excluded Property

Family Law Act, Asselin v. Roy,

Pensions

Family Law Act Pension Benefits Standards Act


Family Law Act, Part 5 (Property Division) and Part 6 (Pension Division)


Family Law Act, ss.1

Indian Lands

Derrickson v. Derrickson

Triggering Events

Family Law Act, ss. 81 and 83

Nature of Interest

Family Law Act, s. 81


Family Law Act, ss. 83

Ordered Unequal Division of Family Property or Family Debt; Division of

Excluded Property


Asselin v. Roy, 2013 BCSC 1681, [2013] B.C.J. No. 2005 (S.C.) (Quicklaw)

Pensions


Pension Benefits Standards Act


, Part 5 (Property Division) and Part 6 (Pension Division)


ss.1 and 3

Derrickson v. Derrickson, [1986] 1 S.C.R. 285

ss. 81 and 83

s. 81


ss. 83-87


ss. 95-96

2013 BCSC 1681, [2013] B.C.J. No. 2005 (S.C.) (Quicklaw)

, Part 6

Pension Benefits Standards Act, R.S.B.C. 1996, c. 352

10



, [1986] 1 S.C.R. 285




, R.S.B.C. 1996, c. 352



, [1986] 1 S.C.R. 285




, R.S.B.C. 1996, c. 352








Determining and Valuing Family Property and Family Debt; Excluded Property




Property


VI

VI

8.

9.

10.

11.

VII CHANGE OF NAME

VIII WILLS VARIATION

Marriage Agreements

Family Relations Act Hartshorne v. Hartshorne Rick v. Brandsema Asselin v. Roy

Interim and Temporary Orders

Family Law Act

Giving Effect to Property Division

Family Law Act

Notional Disposition Costs

Willie v. Willie

CHANGE OF NAME

Trociuk v. British Columbia (Attorney General)

WILLS VARIATION

Wills, Estates and Succession Act Hall v. Hall Estate Hall v. Hall Estate Eckford v. Vanderwood

Marriage Agreements

Family Relations Act

Hartshorne v. Hartshorne

Rick v. Brandsema, [2009] 1 S.C.R. 295

Asselin v. Roy, 2013 BCSC




Family Law Act, s. 97


Willie v. Willie, 2013 BCCA 318, [2013] B.C.J. No.

CHANGE OF NAME


WILLS VARIATION

Wills, Estates and Succession Act

Hall v. Hall Estate, 2011 BCCA 354, [2011] B.C.J.

Hall v. Hall Estate, 2011 BCCA 355, [2011] B.C.J. No. 1589 (C.A.) (Quicklaw)

Eckford v. Vanderwood

Marriage Agreements

Family Relations Act, ss. 92-94

Hartshorne v. Hartshorne, [2004] 1 S.C.R. 550

, [2009] 1 S.C.R. 295

, 2013 BCSC 1681, [2013] B.C.J. No. 2005 (S.C.) (Quicklaw)


, ss. 89-91


, s. 97


, 2013 BCCA 318, [2013] B.C.J. No.


Wills, Estates and Succession Act

, 2011 BCCA 354, [2011] B.C.J.


Eckford v. Vanderwood, 2014 BCCA 261(Quicklaw)

11

, [2004] 1 S.C.R. 550

, [2009] 1 S.C.R. 295

1681, [2013] B.C.J. No. 2005 (S.C.) (Quicklaw)



, 2013 BCCA 318, [2013] B.C.J. No.


Wills, Estates and Succession Act, S.B.C. 2009, c. 13, ss. 60

, 2011 BCCA 354, [2011] B.C.J.


, 2014 BCCA 261(Quicklaw)

, [2004] 1 S.C.R. 550



Trociuk v. British Columbia (Attorney General), [2003] 1 S.C.R. 835

, S.B.C. 2009, c. 13, ss. 60



, 2014 BCCA 261(Quicklaw)


1433 (C.A.) (Quicklaw)

, [2003] 1 S.C.R. 835

, S.B.C. 2009, c. 13, ss. 60-72

No. 1558 (C.A.) (Quicklaw)



1433 (C.A.) (Quicklaw)

No. 1558 (C.A.) (Quicklaw)


The majority of case law and legislative resources needed by NCA students are available on CanLII, the free legal ( That includes all decisions of the Supreme Court of Canada, and all federal, provincial, territorial andappellate courts. YouNexis. Your ID and password will be arranged and emailed to your email address on file a few weeks after the end of the registration session. Sign in to Quicklaw via will be asked to change or personalize your password. Remember your User ID and password are personal, and should not be shared with an If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget Password?” link on the Quicklaw sign Please review and abide by all Terms of Use when you receive your Quicklaw credentials, otherwise your Quicklaw account will be closed without any prior notice. Lexis Nexis Quicklaw customer support is available via 1.800

Carswell (Thomson Reuters)Corporate Plaza2075 Kennedy RoadScarborough, ON M1T 3V4

Irwin Law Inc.14 Duncan St.Toronto, ON M5H 3G8

Emond Montgomery60 Shaftesbury Ave.Toronto, ON M4T 1A3

Lexis Nexis Canada Inc.(For printed material only andnot for access to Quicklaw)

Canada Law Books240 Edward St.Toronto, ON L4G 3S9

The majority of case law and legislative resources needed by NCA students are available on CanLII, the free legal (www.canlii.org That includes all decisions of the Supreme Court of Canada, and all federal, provincial, territorial andappellate courts. YouNexis. Your ID and password will be arranged and emailed to your email address on file a few weeks after the end of the registration session. Sign in to Quicklaw via will be asked to change or personalize your password. Remember your User ID and password are personal, and should not be shared with an If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget Password?” link on the Quicklaw sign Please review and abide by all Terms of Use when you receive your Quicklaw credentials, otherwise your Quicklaw account will be closed without any prior notice. Lexis Nexis Quicklaw customer support is available via 1.800.387.0899.

Carswell (Thomson Reuters)Corporate Plaza 2075 Kennedy RoadScarborough, ON M1T 3V4

Irwin Law Inc. 14 Duncan St. Toronto, ON M5H 3G8

Emond Montgomery60 Shaftesbury Ave.Toronto, ON M4T 1A3

Lexis Nexis Canada Inc.(For printed material only andnot for access to Quicklaw)

Canada Law Books240 Edward St. Toronto, ON L4G 3S9

The majority of case law and legislative resources needed by NCA students are available on CanLII, the free legal information resource funded by the Federation of Law Societies of Canada www.canlii.org).

That includes all decisions of the Supreme Court of Canada, and all federal, provincial, territorial andappellate courts. Your registration fee also includes free access to the Quicklaw resources of Lexis Nexis. Your ID and password will be arranged and emailed to your email address on file a few weeks after the end of the registration session.

Sign in to Quicklaw via http://www.lexisnexis.com/ca/legalwill be asked to change or personalize your password. Remember your User ID and password are personal, and should not be shared with an

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget Password?” link on the Quicklaw sign

Please review and abide by all Terms of Use when you receive your Quicklaw credentials, otherwise your Quicklaw account will be closed without any prior notice.

Lexis Nexis Quicklaw customer support is available via .387.0899.

Carswell (Thomson Reuters)

2075 Kennedy Road Scarborough, ON M1T 3V4

Toronto, ON M5H 3G8

Emond Montgomery 60 Shaftesbury Ave. Toronto, ON M4T 1A3

Lexis Nexis Canada Inc. (For printed material only andnot for access to Quicklaw)

Canada Law Books

Toronto, ON L4G 3S9

The majority of case law and legislative resources needed by NCA students are available on CanLII, information resource funded by the Federation of Law Societies of Canada

That includes all decisions of the Supreme Court of Canada, and all federal, provincial, territorial andr registration fee also includes free access to the Quicklaw resources of Lexis

Nexis. Your ID and password will be arranged and emailed to your email address on file a few weeks after the end of the registration session.

http://www.lexisnexis.com/ca/legalwill be asked to change or personalize your password. Remember your User ID and password are personal, and should not be shared with an

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget Password?” link on the Quicklaw sign


Lexis Nexis Quicklaw customer support is available via

Carswell (Thomson Reuters) Email: [email protected]

URL: Tel: 416.862.7690 or 1.888.314.9014Fax: 416.862.9236 Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: [email protected]: Tel: 416.975.3925Fax: 416.975.3924Email: URL:

(For printed material only and Contact: Customer ServiceTel: 905.415.5823 or 1.800.668.6481Fax: 905.479.4082 or 1.800.461.3275Email: [email protected]: Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: URL:

Online Resources



Nexis. Your ID and password will be arranged and emailed to your email address on file a few weeks after the end of the registration session.

http://www.lexisnexis.com/ca/legalwill be asked to change or personalize your password. Remember your User ID and password are personal, and should not be shared with anyone.

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget Password?” link on the Quicklaw sign-in page. Any other issues please Email


Lexis Nexis Quicklaw customer support is available via

Canadian Publishers

12

Email: [email protected]: http://www.carswell.com/Tel: 416.862.7690 or 1.888.314.9014Fax: 416.862.9236 Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: [email protected]: http://www.irwinlaw.com/ Tel: 416.975.3925Fax: 416.975.3924Email: [email protected]: http://www.emp.ca/ Contact: Customer ServiceTel: 905.415.5823 or 1.800.668.6481Fax: 905.479.4082 or 1.800.461.3275Email: [email protected]:http://www.lexisnexis.ca/en Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: [email protected]: http://www.carswell.com/

Online Resources



Nexis. Your ID and password will be arranged and emailed to your email address on file a few weeks

http://www.lexisnexis.com/ca/legalwill be asked to change or personalize your password. Remember your User ID and password are

yone.

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget in page. Any other issues please Email


Lexis Nexis Quicklaw customer support is available via [email protected]

Canadian Publishers

Email: [email protected]://www.carswell.com/

Tel: 416.862.7690 or 1.888.314.9014Fax: 416.862.9236

Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: [email protected]

http://www.irwinlaw.com/

Tel: 416.975.3925 Fax: 416.975.3924

[email protected] http://www.emp.ca/

Contact: Customer ServiceTel: 905.415.5823 or 1.800.668.6481Fax: 905.479.4082 or 1.800.461.3275Email: [email protected]

http://www.lexisnexis.ca/en

Tel: (Canada & U.S.) 416.609.3800 or [email protected]

http://www.carswell.com/

Online Resources




http://www.lexisnexis.com/ca/legal. The first time you sign in to Quicklaw you will be asked to change or personalize your password. Remember your User ID and password are

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget in page. Any other issues please Email


[email protected]

Canadian Publishers

Email: [email protected]://www.carswell.com/

Tel: 416.862.7690 or 1.888.314.9014

Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164Email: [email protected]

http://www.irwinlaw.com/

http://www.emp.ca/

Contact: Customer Service Tel: 905.415.5823 or 1.800.668.6481Fax: 905.479.4082 or 1.800.461.3275Email: [email protected]

http://www.lexisnexis.ca/en-ca/home.page


http://www.carswell.com/




The first time you sign in to Quicklaw you will be asked to change or personalize your password. Remember your User ID and password are

If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget in page. Any other issues please Email [email protected]

Please review and abide by all Terms of Use when you receive your Quicklaw credentials, otherwise

[email protected], or calling

Canadian Publishers

Email: [email protected]

Tel: 416.862.7690 or 1.888.314.9014

Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164

Tel: 905.415.5823 or 1.800.668.6481 Fax: 905.479.4082 or 1.800.461.3275 Email: [email protected]

ca/home.page






If you forget or lose your password to Quicklaw you may retrieve it by clicking on the “Forget [email protected].


, or calling

Email: [email protected]

Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164

ca/home.page

Tel: (Canada & U.S.) 416.609.3800 or 1.800.387.5164 [email protected]

The majority of case law and legislative resources needed by NCA students are available on CanLII,

That includes all decisions of the Supreme Court of Canada, and all federal, provincial, territorial and r registration fee also includes free access to the Quicklaw resources of Lexis




syllabus family law (british columbiadocs.flsc.ca/ncasyllabusfamilylawbcjan2016v3.pdfworld exchange...

Documents