Judge Denounces “Litigation Nonsense” During Time of Covid Pandemic

February 20, 2021

“> Georgialee A. Lang An Ontario judge has sounded an alarm to family law counsel and their clients who engage in practices that contribute to “litigation nonsense,” a term coined by Justice Alex Pazaratz and particularly relevant in family law litigation in the time of COVID-19. Berta v. Berta 2021 ONSC 605 provides the backdrop for the court’s discussion of inefficient practice issues, in the context of a spousal support case where Raymond Berta repeatedly…

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Mother Ordered to Permit Children to Attend School Based on Covid Guidelines

By Georgialee Lang

November 13, 2020

Schools are open in British Columbia, but what if separated parents disagree on their children’s in-person attendance? That’s when the court steps in to make a decision and the parents waste money on legal fees, better spent on their children. In Neave v. Lai 2020 BCSC 1688 the British Columbia Supreme Court was asked to decide whether the parties’ children, ages 8 and 4, should attend their North Vancouver school, now that the government had…

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No Litigation Funds for “Advantaged” Husband

By Georgialee Lang

July 24, 2020

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Before March 18, 2013 there was no level playing field in British Columbia between litigating spouses. The spouse with financial resources, usually the husband, could easily “bully” his spouse, by virtue of his much deeper pockets. All of that changed when the Family Law Act came into effect with the long-awaited provision in section 89 that if a spouse did not have the funds to hire counsel, or pay for experts, including accountants, there was…

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Judge Grants Adjournment of Trial With Blameless Plaintiff

By Georgialee Lang

May 27, 2020

The BC Supreme Court recently considered whether a lawyer who failed to prepare his client’s case for trial should be granted an adjournment of the trial. In Raniga v. Poirier 2020 BCSC 780 the plaintiff was injured in a motor vehicle accident and sued Mr. Poirier, who had admitted liability for the accident, which occurred in 2015. The plaintiff filed the claim in 2017 within the limitation period, and had retained counsel shortly after the…