Language Rights and Divorce in British Columbia

May 06, 2021 - Georgia Barnard

Did you know that you could divorce in French in British Columbia?

As of March 1, 2021, litigants may use either official language in divorce proceedings. This includes filing pleadings or other documents, giving evidence, or making submissions. Simultaneous interpretation will be provided by the court on request, as will translations of judgments or orders. The litigants also have a right to a judge who speaks the same official language as that party (or both official languages, as the case may be).

According to the 2016 census, there are roughly 55,000 people in British Columbia who speak French as their…

Effect of Marriage on your Will

April 30, 2021 - Georgia Barnard

In British Columbia, it used to be the case that a Will made prior to marriage was automatically revoked on the marriage of the will-maker. However, since the Wills, Estates and Succession Act came into force in 2014, marriage no longer has this effect in our province.

Seven years later, Ontario is following suit. A bill repealing the section of Ontario’s Succession Law Reform Act which set out that a will was revoked by marriage received royal asset on April 19, 2021.

These changes reflect the modern world, where increasing numbers of people in Canada have children from prior relationships…

Changes to the Federal Divorce Act

March 23, 2021 - Georgia Barnard

New amendments to the federal Divorce Act, meant to come into force last July but pushed back due to the COVID-19 pandemic, have come into force this month.

These are the first substantial changes to the Divorce Act in more than 20 years.

The changes to the Divorce Act include updated provisions addressing family violence and relocation.

The Act defines family violence in a holistic sense. It does not solely cover physical violence. The definition includes harassment or stalking, neglect, psychological abuse, financial abuse, destruction of property, and specific threats. It also includes the direct or indirect exposure of a…

Underscoring Urgency: Family Matters in the COVID Crisis

April 20, 2020 - Owen Bird

On March 18, 2020, the Chief Justice of the Supreme Court of British Columbia announced a suspension of all regular operations to protect the health and safety of court users and to help contain the spread of COVID-19, with only essential and urgent matters to be heard.  A copy of the notice may be found here.

In the family law context, the Court outlined what is essential and urgent, including:

Orders relating to the safety of a child or parent due to a risk of violence or immediate harm (e.g., a protection order, conduct orders, or exclusive possession of…