Insights

Supreme Court of Canada on Proprietary Estoppel

Cowper-Smith v Morgan , 2017 SCC 61  ..

Read More

Gestational Carriers, Sperm Donors & Saskatchewan Law

R. (M.R.) v N. (J.), 2017 ONSC 2655  ..

Read More

Only a Current Spouse Can Make a Claim for Division of Family Property

Hunter v McCorriston , 2016 SKCA 144  ..

Read More

Pets: A Partnership Interest?

Henderson v Henderson, 2016 SKQB 282 applied in Brown v Larochelle, 2017 BCPC 115 ..

Read More

Court of Appeal Finds No Obligation to Generate Income from Divided Family Property

In Bergquist v Bergquist, the Court of Appeal for Saskatchewan rejected the argument that a recipient of family property through a property division must use that property to generate an income. ..

Read More

Family Trust to Family Property: The Value of Trust Assets Can Be Divisible Under The Family Property Act

In Grosse v Grosse, the Saskatchewan Court of Appeal found that an interest in a discretionary trust held by a spouse was considered family property under The Family Property Act.  In this appeal, Mr. Grosse was found to have more than a contingent interest in the Grosse Family Trust.  Therefore, the value of the interest in the trust was considered family property and should be equally distributed between the parties.    ..

Read More

Interim Support Orders Do Not Bind Trial Judges

In Ford v Ford, the Court of Appeal for Saskatchewan considered an appeal by the father of the trial judgment concerning various issues relating to the break-up of his marriage, including the parenting regime, family property division, and spousal and child support. In its decision, the Court of Appeal set out the standard necessary at trial when reviewing interim orders of child and spousal support. The Court determined that when a party is arguing against the interim order, they do not have to demonstrate a material change, because the trial judgment is supposed to be based on the full body of evidence, not a review of the interim order. ..

Read More

Updates to Child and Spousal Support Collections Process

On December 1, 2014 the Enforcement of Maintenance Orders Amendment Act, 2012 came into effect resulting in changes to the powers of the Maintenance Enforcement Office (the “MEO”). ..

Read More

Methods of Valuing a Corporation to Calculate Child Support under the Child Support Guidelines

In Labrecque v Labrecque the Court of Appeal for Saskatchewan upheld its previous decisions that a trial judge has flexibility in determining the accounting method used to value corporations when determining a person’s income for the purposes of the Child Support Guidelines (the “Guidelines”).  ..

Read More

A joint tenant cannot unilaterally sever a joint tenancy in Saskatchewan

In Chernishenko v Popoff the Court of Queen's Bench was asked to determine whether one joint tenant could unilaterally sever a joint tenancy. A husband and wife lived on property owned by the husband prior to the marriage. During the marriage the property was registered in both names as joint tenants. The parties separated in 2003 and the wife moved to another province. There was no ongoing communication between the parties after separation. ..

Read More