By Jason Hansra When an issue arises regarding parenting arrangements of children, one of the first considerations is determining the appropriate jurisdiction. If you have recently relocated to British Columbia with your child(ren), the appropriate jurisdiction to hear the matter may be the child’s former province or country of residence. However, certain provisions in the [...]
Written by Jessi Dhanju SETTING ASIDE DEFAULT ORDERS Miracle Feeds Test: Setting aside a default judgment is a discretionary remedy based on facts and circumstances. Miracle Foods v. D&H Enterprises Ltd. [1979] B.C.J. No. 1965, 10 B.C.L.R. P 58. Establishes a four-part test for setting aside a default judgement. A default judgement is obtained [...]
A fairly recent case, where cultural traditions and concomitant familial roles were material considerations is that of Grewal v. Litt, 2019 BCSC 1154. Specifically, the Supreme Court of British Columbia outlined the factors that a trier of fact will consider when deciding whether to vary a will that makes unequal distribution of the estate amongst [...]
