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This chapter contains questions and answers on the topics addressed in this section up to 1 February 2006. Questions and answers about the desk-order divorce process can be found in the Q&A chapter of the section "Marriage & Divorce."
Please note that questions and answers are posted in each section in reverse-chronological order, with the oldest first; as this website has been operating for three years or so, older answers may not represent an up-to-date statement of the applicable law. As well, not all questions and answers submitted to the author have been posted; while individual users will always receive an answer to their questions, answers to questions which are substantially similar to those already posted will not be added to this webpage. The Courts I was with my lawyer at a chambers appearance and she addressed the Judge as "Your Honour." There was another hearing and she called the Judge "My Lord." I have decided to represent myself. What do I call the Judge? The salutation with which you address the court depends on the sort of Judge who you are appearing before. A Justice of the Peace is called "Your Worship." A Judge of the provincial court and a Master of the supreme court are both called "Your Honour." A Judge of the Supreme Court or of the Court of Appeal, also known as a "Justice," are called "My Lord" or "My Lady." If you're not sure who you are before, take a look at the sheet which says what matters are being heard that day in your courtroom. That will usually say at the top "In the Supreme Court of British Columbia before the Honourable [Justice or Master or Judge] Smith," and will tell you what sort of Judge is hearing the matter. Is there a certain period of time that an appeal must be filed after a B.C. Supreme Court Decision has been given? (by J of Abbotsford, BC) When costs have been awarded in court, what exactly does that cover? The matter was heard in Supreme court, regarding spousal support and "costs" were awarded. (by B of Campbell River, BC) Can a vengeful spouse deliberately drag out the divorce process in order to prevent the former spouse from remarrying and to inflate their legal costs? Is there any recourse in the courts for this type of bad faith? (by S of Vancouver, BC) My ex-common law spouse lives in Alberta with our child. I live in BC. I want to apply for joint custody and access. In what province should I apply? (by G of Vernon, BC) I want to change an order. Are there special circumstances required to vary the order or do I have to appeal it? (by D of Richmond, BC) Are there cases where a judge will not order a person to pay costs if the other party is successful at a motion? (by J of Trenton, ON) What is an appropriate expectation of legal costs for taking a legal stand when a seperation agreement has been breached? (by M of Orillia, ON) Is a divorce settlement document public record? Can anyone see it online or make a request to view it other than those involved? (by R of Vancouver, BC) The Law I saw a reference to a case that might help me. What do the numbers and letters after the name of the case mean? The letters and nuber after the case are called the "cite" of the case, they tell you how you can find the case. A typical cite looks something like this: Schaub v. Schaub (1984), 45 R.F.L. (2d) 460 (B.C.C.A.) The first part, "Schaub v. Schaub," is the style of cause of the case. The rest is the cite, or reference, for the case. "(1984)" is the year in which the decision was handed down. "R.F.L." stands for a particular line or brand of books in which cases are printed, called "reporters." In this example, the reporter is Reports on Family Law. "45" means the 45th volume of that reporter, "(2d)" means the second series of that reporter, and "460" refers to the particular page of the 45th volume of the second series that the case starts on. The last part, in brackets, "B.C.C.A.," refers to the court which made the decision, in this case the Court of Appeal for British Columbia. "S.C.C." stands for the Supreme Court of Canada, and "B.C.S.C." stands for the Supreme Court of British Columbia. What's the difference between federal and provincial legislation? The essential difference is that federal laws are passed by the federal government and provincial laws are passed by the governments of the provinces. The distinction between the two rests on the different powers held by the federal government and the provincial governments. Sections 91 and 92 of the Constitution Act, 1867 divide the power and authority to do certain things between the two levels of government in order to prevent overlapping jurisdiction. For example, only the provincial governments can pass laws dealing with the division of assets (section 92(13)), municipalities (section 92(8)) or saloons and taverns (section 92(9)), while only the federal government can pass laws dealing with marriage and divorce (section 91(26)), legal tender (section 91(20)) or navigation and shipping (section 91(10)). I have heard a rumor that there are changes coming to the Canada Divorce Act. Is this true? (by L of Coquitlam, BC) How do I find and how do I purchase the services of Legal Researchers, particularly to find case law precedents in relation to unique family structures? (by J of Vancouver, BC) Lawyers and Litigants My lawyer has billed me for the preparation of something called a "Book of Authorities" and something else called a "Memorandum of Argument." What are these? A Book of Authorities is a copy of the cases your lawyer will be relying on in making his or her legal argument. A Memorandum of Argument is a written summary of the argument your lawyer plans to make. Is there anything I should do to prepare for my first meeting with a lawyer? Firstly, make a list of the questions you need him or her to answer, like: "do I need legal representation?"; "can you give me an estimate of how much this will cost?"; and, "how long will my case take?". Secondly, take some time to prepare your explanation of your problem, so that you can state your situation briefly. Thirdly, make sure you take any documents which might be relevant to your problem to the meeting. Can a lawyer appeal a case without permission from his client? (by A of Cyberspace, BC) What is the definition of legal counsel? Who can call themselves legal counsel to represent someone? What are the penalties for misrepresentation? (by K of North Vancouver, BC) The Supreme Court Process Do I have to be present in court, can my lawyer go without me? The answer depends on the nature of the hearing. If your lawyer will be arguing an interlocutory application, evidence is almost always presented by Affidavit evidence alone. You don't need to be there. If the hearing is a trial, you must be present in court. If you can't attend on a certain day, you can ask for permission from the Judge to be absent. What is a "style of cause?" This is the name of the case, and appears at the top of each legal document, usually in the following form:
The short form of this style of cause would be "Doe v. Doe." My wife has filed for divorce, and has presented me with the document. Is there anything I need to do? (by J of Victoria, BC) My funds are very limited, so I would like an idea of the total cost of a desk order divorce. (by J of North Vancouver, BC) What steps can I take to force my husband to give me financial information about properties he owns? (by B of Cyberspace, BC) Is there a way to get the court to order her to appear, in court within a stated amount of time, in order to deal with divorce? (by G of Chilliwack, BC) I was in court last week regarding my application to change the current access order and the judge ordered a case conference to be held. I was just wondering if you can tell me exactly what's involved in this. What kind of things I need to have ready and bring with me? (by A of New Westminster, BC) Which form would I use to file an application for contempt to enforce an Order that is not being followed? (by R of Vancouver, BC) Can you explain what a Form 89 Financial Statement is? (by A of Vancouver, BC) I would appreciate any information at all you could provide about Examinations for Discovery. (by D of Victoria, BC) The Provincial Court Process I had a one night stand a couple of years ago and now the woman I slept with has served me with an Application to Obtain an Order and she's looking for child support. She also told me she was on the pill. Do I have to pay support, and how do I find out if the child is mine? Firstly, if the child was yours, you will have to pay support; it doesn't matter whether the mother told you she was on the pill or if it was a one night stand. You still have an obligation to support the child. Secondly, Rule 15 of the Rules of Court allows the court to order that a paternity test be conducted where the parentage of a child is disputed. You should make an application for a paternity test either in your Reply or in a separate Notice of Motion, if you have already filed your Reply. Which form would I use to file an application for contempt to enforce an Order that is not being followed? (by R of Vancouver, BC) My ex served me with an Application to Obtain an Order for custody of children, and I filed a Reply. We were able to reach an agreement for custody, access and support on our own. How do we legalize this agreement and stop the court proceedings? (by J of Prince George, BC) What happens if you go to court and ask for custody papers that you have to serve, but you can't serve them, and it has gone past the 30 days? (by J of Chilliwack, BC) Back to the top of this chapter. Site Navigation
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