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The team at Madsen Law Corp wishes you and your family a very Happy Diwali.

BREAKING NEWS- NDP ICBC REFORMS struck down as unconstitutional March 2, 2021. Vancouver, BC Today the Chief Justice of the Supreme Court of British Columbia... struck down as unconstitutional key provisions of the Civil Resolution Tribunal Act. This is now the second time in 18 months that the government’s ICBC reforms have been found to violate the constitution. This ruling also raises serious legal questions about the NDP’s decision to impose mandatory ICBC no-fault insurance on British Columbians because the CRT features prominently in the no-fault scheme. The Court has declared that it is unconstitutional for the government to simply re-assign the determination of accident claims to its own online tribunal, and out of the courts. In so doing, the Court has provided a check on the government’s ability to create its own tribunal to decide claims against ICBC, while at the same time affirming the historic right of accident victims to pursue remedies for their injuries before the courts. Melissa Rondpre, one of the lead plaintiffs involved in the challenge, argued that to have a fair process you should get an impartial judge, that evidence should be given, and witnesses should be questioned. Submitting information to a tribunal online just because it is quick is an unfair process. See more

CHILD SUPPORT AND ADULT CHILDREN - BREAKING NEWS. British Columbia father ordered to pay ex wife AND his adult child. The Supreme Court of Canada gave a very strong warning to payor parents to provide frank and full disclosure at all times that child support is payable and to ensure that their obligations are met at the relevant times. Payor parents should heed this warning as the Court has made clear that any action (or inaction) by payors to prioritize their interest over... that of the children will not be tolerated by the Courts. It appears, the Courts are prepared to expand their analysis to ensure that the children’s right to support is staunchly protected. On September 18, 2020 in Michel v. Graydon, 2020 SCC 24, the Supreme Court of Canada settled a long-standing question about whether child support can be recalculated retroactively once a child has reached adulthood. The that child support is the right of the child and, with that fundamental tenet in mind, the Court is able to make retroactive adjustments to child support even when the child is no longer dependent on the recipient parent. The Court reaffirmed the following principles as being fundamental in child support law: Child support is the right of the child and cannot be bargained away by a recipient's parent; Retroactive or historical child support orders hold the payor to their existing (and unfulfilled) legal obligations and thus are not truly retroactive in the strictly legal sense; Retroactive or historical child support orders should not be exceptional; The threshold for blameworthy conduct by the payor parent is low and exists when they fail to pay the appropriate amount of child support in accordance with their income; The recipients reason for delay in seeking the court's assistance earlier will be expansively interpreted and may take into account the recipient's fear of reprisal and the desire to insulate children from conflict, intimate partner violence, and the prohibitive cost of litigation; and The date of effective notice, which would normally be the date an award would be retroactive to, is not particularly relevant when the payor parent has engaged in blameworthy conduct (irrespective of the degree of blameworthiness).

Attention Families with younger children or special needs children: School and COVID -19 If your children are struggling with why there is no school or why their school is so different this year, look for the new episode of Daniel Tiger's Neighbor which begins airing mid August 2020.PBS Kids produces this program addressing this topic at a preschool/primary school age level.

BREAKING NEWS - NEW DIVORCE ACT DELAYED The Minister of Justice and Attorney General of Canada announced on June 5, 2020 that the new Divorce Act, which was scheduled to be new law on July 1, 2020 is postponed. Due to extraordinary circumstances related to the COVID-19 pandemic, the coming into force date has been deferred until March 1, 2021. Department of Justice announced that because "(m)any courts across the country are currently hearing only urgent family law matters, and governments are focused on addressing pandemic-related urgencies and priorities. All of this has made it impossible to undertake the necessary steps for implementation."

BREAKING NEWS - NEW DIVORCE ACT DELAYED The Minister of Justice and Attorney General of Canada announced on June 5, 2020 that the new Divorce Act, which was scheduled to be new law on July 1, 2020 is postponed. Due to extraordinary circumstances related to the COVID-19 pandemic, the coming into force date has been deferred until March 1, 2021. Department of Justice announced that because "(m)any courts across the country are currently hearing only urgent family law matters, and governments are focused on addressing pandemic-related urgencies and priorities. All of this has made it impossible to undertake the necessary steps for implementation."

Changes are coming to Divorce Act in Canada July 2020 On June 21, 2019, changes to the federal Divorce Act contained in Bill C-78 were given Royal Assent. On July 1, 2020 the changes will come into force, and family law cases involving most married and divorced couples across Canada will unfold under the changed law. If you were never married to the parent of your children, the provincial Family Law Act, and other statutes will continue to govern to your situation. The Divorce Act does not apply to common law spouses.

Madsen Law is All about Families. If you looking for something to do with your kids while you may be stuck at home, here's a healthy suggestion.

Let's keep all families safe. School is back in session. Be extra vigilant, watch for children, and reduce your speed in school zones.