Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]
Tax season is upon us once again. Did you know that you could qualify to claim certain legal fees on your taxes? Be sure to speak with your family lawyer about providing you with a letter if you qualify. This could be a huge benefit or a missed opportunity if you do not have a […]
Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal. Here are the cases from September 2022.
Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]
It is no secret that family law disputes resolved using the court process come at great personal and financial expense. Being proactive with the use of domestic contracts ensures that both your family and business assets are better protected from costly legal disputes. What They Are Unfortunately, there is great stigma against pre-nuptial agreements because […]
S.S. v. J.G., 2021 NSSC 228 Honourable Justice Pamela A. Marche Issues: Shared custody v Primary Care | Best interest test | Retroactive child support | Voice of child report | s.7 Health Insurance Premiums | Child support At a variation application, the mother sought primary care and final decision making, and the father sought […]
The recent decisions in Michel v Graydon, 2020 SCC 24 and Colucci v Colucci, 2021 SCC 24 have changed how the courts address applications for retroactive child support and the rescission of child support arrears. The new approach to retroactive child support intertwines the principles of leading cases to create a simplified framework. The framework […]
Colucci v. Colucci, 2021 SCC 24 Martin J., Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe and Kasirer JJ. Concurring Issues: Retroactive child support | Rescinding child support arrears This Supreme Court of Canada decision created a new approach to retroactive child support and arrears. The parties had a nine-year marriage. The mother has […]
Our NS Family Law team provides summaries of the May cases which appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3 (hereinafter referred to as the “Act”). The amendments to the Divorce Act are substantial, the first significant updates to the Act […]