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 […]
Dismissed Employee gets his $1 Million Bonus and we get...
Is an employee entitled to incentive compensation as part of their “reasonable notice” damages when terminated from employment? That is often the $1 million (or even $10,000) question. Background It is well established at common law that an employee who is terminated without cause is entitled to be provided with reasonable advance notice and, failing […]
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 […]
Kids on the Move: What the Changes in the Divorce...
You have landed your dream job, but it is on the other side of the country. Your company is restructuring and your new office is in the next town. Your ailing parent requires your care – in another province. Your former spouse is in the military and is being relocated. There are many reasons why […]
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.
In Nova Scotia, How Long Do You Have to Live...
These days, almost every couple lives together for a period of time before they get married, and increasingly, more and more couples never get married at all.