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British Columbia Family Law Practice, 2023 Edition + E-Book

This book covers the Divorce Act, Child Support Guidelines, the B.C. Child, Family and Community Service Act, Family Law Act and other federal and provincial family legislation.

Publication Language: English
Book + eBook
$175.00
Quantity

Hardcover + E-Book | 2,644 pages | Annual – Standing Order Terms Apply

This Product is on PreOrder
Published: November 30, 2022
ISBN/ISSN: 9780433522843

Product description


British Columbia Family Law Practice, 2023 Edition is once again your source for all the annotated legislation that a B.C. family law professional needs. This new edition reflects recent court approaches in interpreting and applying the Divorce Act, Child Support Guidelines, the B.C. Child, Family and Community Service Act, Family Law Act and other federal and provincial family legislation. It also continues to offer the original Ministry interpretations of every FLA provision, as well as cross-references to help you negotiate the legislation.

What's New In This Edition

  • New Court of Appeal Rules
  • Amendments to the Family Law Act, B.C. Provincial Court Family Rules, Income Tax Act, Division of Pension Regulation, Adoption Regulation and other Family Law-related legislation
  • In-depth treatment of recent Supreme Court of Canada decisions, including:
    • Barendregt v. Grebliunas (effect of family violence in parenting orders; fresh and new evidence on appeals; mobility orders under the new statutory regime);
    • B.J.T. v. J.D. (importance of biological relationship in parenting orders); and
    • Colucci v. Colucci (restatement and simplification of DBS principles)
  • Updated annotations to reflect B.C. Court of Appeal decisions (and important lower court decisions) handed down since the previous edition, on such topics as:
    • Retroactive variation to agreement for child support (Hinz v. Dave);
    • Subject of child support order must still be a child to make a retroactive award at the date of the application (Zhang v. Deng);
    • Blameworthy conduct as justification for retroactive child support order (Gauthier v. Gauthier);
    • Comparison of spouse’s contributions to family property (Rana v. Ullah);
    • Where a child resides (Aslanimehr v. Hashemi);
    • Standard of review on appeal from arbitration (Nolin v. Ramirez);
    • Remedy where court lacks territorial jurisdiction (English v. McCurdy);
    • Timing of granting of divorce (Gill v. Benipal);
    • Compensatory spousal support and SSAG (Sebok v. Babits);
    • Variation of support where no review clause in separation agreement (Jennens v. Jennens);
    • Imposing a constructive trust in long relationships (Virk v. Singh);
    • Summary trials in family proceedings (Hudema v. Moore); and
    • Many more!

Unique Features

  • E-book format – Access the information you need, whenever and wherever you need it, on your computer or mobile device
  • Fully annotated Divorce Act – Featuring comprehensive case law coverage from across Canada, along with case law, cross-references and commentary annotations of all the other statutes, the federal Child Support Guidelines and practice rules
  • Explanations of key sections of the Divorce Act, Child Support Guidelines, and Family Law Act – Featuring comprehensive case law coverage from across Canada with cross-references to the B.C. Supreme Court Family Rules
  • Full text of the Spousal Support Advisory Guidelines & User's Guide – Introduction by Trudi Brown, Q.C., and cases showing how they have been applied
  • Federal Child Support Guidelines tables for British Columbia – Extensive case annotations, making the child support quantum numbers readily accessible
  • Expert-written practitioner's notes – Alerting you to key cases and statutory provisions, including case law to help interpret the Family Rules
  • Scan-friendly limitations table – To ensure filing deadlines are met

An Invaluable Reference for

  • Family lawyers and mediators who need legislation, practice rules and key cases in one convenient, portable format
  • Judges who require an authoritative source of all pertinent national and provincial jurisprudence
  • Students of Family Law who want to easily access and understand jurisdictional complexities
  • Legal clerks and assistants who need accessible forms and a reliable procedural limitations table to meet all filing timelines

Contributing Author: Andrew James

 

Featured Authors

Table of contents

 Limitations Table

Part I – Substantive Law
1: Federal Legislation and Regulations
Divorce Act (Annotated) and Regulations
Federal Child Support Guidelines (Annotated) and Table
Civil Marriage Act
Assisted Human Reproduction Act
Marriage (Prohibited Degrees) Act

2: British Columbia Legislation and Regulations
Adoption Act (Annotated) and Regulations
Child, Family and Community Service Act (Annotated) and Regulation
Family Law Act (Annotated)
Family Relations Act (Parts 5 and 6 - Annotated)
Marriage Act
Name Act
Vital Statistics Act

3: Miscellaneous Statutory Provisions
Law and Equity Act (B.C.) (s. 60 - Annotated)
Canada Pension Plan (ss. 53–55.3)
Income Tax Act (ss. 56, 56.1, 60, 60.1(1)–(4), 252(1)–(4))
Court Order Interest Act

Part II – Enforcement
1: Federal Legislation and Regulations
Family Orders and Agreements Enforcement Assistance Act and Regulations
Garnishment, Attachment and Pension Diversion Act (ss. 2, 3, 31–47)

2: British Columbia Legislation and Regulations
Family Maintenance Enforcement Act and Regulation
Interjurisdictional Support Orders Act and Regulation
Land (Spouse Protection) Act
Partition of Property Act (s. 6 - Annotated)

Part III – Practice Rules
B.C. Supreme Court Act, s. 18
B.C. Supreme Court Family Law Rules (Annotated)
B.C. Provincial Court (Family) Rules (Annotated)
B.C. Provincial Court (Child, Family and Community Service Act) Rules
B.C. Court of Appeal Act and Rules
Family Law Practice Directions

Appendices
1. B.C. Family Mediators contact information
2. Spousal Support Advisory Guidelines: The Revised User's Guide
3. Federal Child Support Guidelines (Simplified Tables) (pre-November 2017)