This Month in NS Family Law – May 2021
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.
Significant Changes to the Divorce Act RSC 1985 c 3
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 […]
Family Law Mediation: why cut what you can untie?
The breakdown of a marriage or relationship can be an overwhelming and tense time for the family unit. It is a financial, emotional and legal crisis. A drawn out legal proceeding can come at a high financial and emotional cost and it can further damage an already strained relationship. While an aggressive legal strategy may […]
New Brunswick Court of Appeal Rules on Child Support Obligations...
The New Brunswick Court of Appeal’s decision in ASL v LSL, 2020 NBCA 15, reaffirmed the high standard on judges determining child support obligations for parents with equal amounts of parenting time. Background In ASL, the parties had a separation agreement, signed shortly after their separation, which provided the parents with roughly equal parenting time […]
Family Law and Taxes
The area of law where family and taxes cross paths can be difficult to navigate. This article will outline the most relevant income tax issues facing couples who are separating or people considering separation. Child Related Tax Issues The Canada Child Benefit This is a tax-free benefit paid to parents monthly, available to both separated […]
Co-Parenting During the COVID-19 Pandemic
Across the country, the current COVID-19 pandemic means schools and daycares are closed and there are significant disruptions to employees and business owners. At Cox & Palmer, we are working to ensure that we provide timely and responsive advice to our clients with custody and other family law issues. Below we will answer some of […]
CPP Disability Payments Deductible From Future Loss
The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Background The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks, on May […]
Before and After: NS Supreme Court Decision on CPP Benefit...
The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]
Case Commentary: Noel v. Butler, 2016 NBCA 49 – Implications...
The facts in Noel v. Butler, 2016 NBCA 49, [Noel] are not complicated. This was a fourteen year common law relationship spanning from approximately 1998 until 2012. Ms. Butler had been a teacher since 1985 and had pension with a commuted value of $909,286.51 as of the date of separation.