This Month in Nova Scotia Family Law – November 2022
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 November 2022.
This Month in Nova Scotia Family Law – July 2022
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.
This Month in Family Law – June 2022
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.
This Month in Nova Scotia Family Law – February 2022
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.
Mind your business: Business Assets, Professional Corporations & Divorce
Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]
This Month in NS Family Law – October 2021
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 […]
The Value of Domestic Contracts: Avoiding Costly Legal Disputes
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 […]
This Month in NS Family Law – August 2021
Green v Green, 2021 NSCA 61 Justice Bourgeois Issues: Custody | Appeal | Late Application The parties were involved in a high conflict divorce. At trial, the judge awarded primary care to the mother, and specified access for the father. The father sought to appeal the trial decision on the grounds that his contempt applications […]
This Month in NS Family Law – July 2021
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 […]
Recent Developments in Retroactive Child Support
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 […]