Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Reported Decisions

At Crossroads Law, we're dedicated to helping our clients successfully navigate the complexities of the family law system. Below, you'll find a list of just a few highlighted reported decisions (judicial rulings) that have not only favoured our clients but have also been formally published as legal precedents. These rulings serve a dual purpose: they validate the calibre and expertise of our legal representation while also making meaningful contributions to the advancement of family law. We invite you to explore these cases for a comprehensive understanding of the exceptional legal advocacy you can expect when choosing Crossroads Law. 

R.M. v M., 2022 BCSC 15932023

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis skillfully represented the respondent father in this pivotal family law case where the claimant mother had unilaterally relocated the children to Vancouver. The court strongly favoured the respondent father, noting that the unilateral move inflicted considerable harm on the father-child relationship. Matthew’s compelling arguments led to the dismissal of the claimant’s application for a stay, reinforcing that unilateral relocations without court or parental consent are discouraged.

Cryer v Geissinger, 2021 BCSC 24902023

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully represented the respondent in this complex family law case. The court granted the respondent’s 2021 application to dismiss the case for want of prosecution, noting the inordinate and possibly tactical delay on the part of claimant – biding time until the value of the respondent’s property rose from less than $1 million in 2013 to $3.4 million at the date of the hearing. Matthew’s astute legal strategies led to the discharge of a certificate of pending litigation registered against the respondent’s property as well as the dismissal of the claimant’s application for spousal support and property division.

BT v NC, 2021 BCPC 3822023

Counsel of Record: Matthew Katsionis

Conflict of Laws: Family law --- Guardianship – Parenting – Contact – Child support – Practice and procedure – Evidence

Case Summary: Matthew Katsionis skillfully represented the respondent in this high-stakes family law case, successfully countering claims related to child custody, property division, and spousal support. Utilizing a meticulously crafted legal strategy, Matthew exposed inconsistencies in the applicant’s claims. His efforts were validated when the court awarded the respondent joint custody, a fair property settlement, and reasonable spousal support.

Stokes v Heck, 2023 ABCA 392023

Counsel of Record: Marcus M. Sixta & Camille Boyer 

Case Summary: After years of conflict and legal battles, the wife in this case, represented by Marcus Sixta and Camille Boyer, secured a significant win in court. She was granted exclusive rights to list and access a property, which she successfully sold for more than what her husband had estimated. The court rejected her husband's attempt to stay or set aside the order, noting that he wouldn't suffer irreparable harm. The decision eased the wife's considerable debt and allowed her to receive overdue child support from the sale proceeds, ultimately favouring her in both property and financial matters.

Stokes v Heck, 2023 ABKB 582023

Counsel of Record: Marcus M. Sixta & Camille Boyer 

Case Summary: Despite numerous attempts by the husband to challenge and delay the sale of a jointly-owned recreational property, with which the wife had been solely responsible for, Marcus Sixta and Camille Boyer were able to achieve success and have him found in contempt of court for repeatedly disregarding court orders. Financial penalties were deemed insufficient, leading the court to take the exceptional step of ordering the husband's imprisonment until he complied.

Eckert v Garnham, 2023 BCSC 552023

Counsel of Record: Millad Ossudallah 

Case Summary: In this case revolving around a disputed separation agreement, the claimant represented by Millad Ossudallah was successful in arguing that she was in a vulnerable state when she signed the agreement with her ex-spouse. The court agreed, noting she was in her final trimester of pregnancy, financially unstable, and without legal representation at the time. As a result, the agreement was set aside, leveling the playing field for the client in future legal proceedings.

R.M. v M., 2022 BCSC 11592022

Counsel of Record: Matthew Katsionis  

Case Summary: Matthew Katsionis effectively represented the respondent father in this case whose children were moved from Calgary to Vancouver by their mother without his consent. The mother filed for divorce and various other orders in Vancouver, while the father filed competing claims in Calgary. The court ruled that the children should be returned to Calgary, stating that this case should be decided there, especially given the unauthorized move. This decision strongly aligned with policy and justice considerations, reinforcing that courts should not support relocations done without consent unless exceptional circumstances exist.

Hergert v Megale, 2022 ABQB 1262022

Counsel of Record: Camille Boyer 

Case Summary: In this case focused on financial disclosure, the applicant wife, represented by Camille Boyer, successfully won an Order for contempt against the respondent husband. Despite a previous court order, the husband failed to provide essential financial information, hindering the division of matrimonial property. The court struck down the husband’s defences, allowing the wife to move forward with summary judgment. This ruling placed the wife in a favourable position for the next steps in her legal journey.

Nalinakshan v Dileep, 2021 BCSC 2565 2021

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah successfully represented the respondent father in securing the return of his child from India to Smithers, BC within 21 days. This outcome was reached after the claimant mother had relocated without the father's consent, as provided in the BC Family Law Act. Additionally, the court ruled that the mother is prohibited from removing the child from Smithers without either the father's consent or a subsequent court order.

Wang v Lapke, 2021 BCSC 27402021

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully represented the respondent in this family law case concerning dual citizenship for the parties’ children. Despite the claimant's push for Taiwanese citizenship, the court ruled in favour of the respondent, emphasizing the potential risks and complications involved in the matter. The decision not only safeguarded the children's well-being but also awarded costs to the respondent, affirming the need for careful consideration in cross-border family disputes. This outcome underscores the court's cautious approach to issues of international citizenship in family law.

K.H.D. v O.O.M, 2021 BCSC 18082021

Counsel of Record: Tanya Thakur

Case Summary: Tanya Thakur received a favourable outcome when she represented the father in this complex family case involving allegations of abuse, mental health issues, and family violence. While the court acknowledged that there had been a history of family violence, it also noted steps the father was taking to address his conduct. The court decided to vary the existing protection order against the father to exclude the children and remove the requirement for the father's parenting time to be supervised. As a result, the father was granted unsupervised weekend parenting time on an interim basis.

S.R.B. v. N.J.D.B., 2021 BCPC 2182021

Counsel of Record: Tanya Thakur

Case Summary: Tanya Thakur successfully represented the mother in this complex child custody and support case. The court upheld the existing parenting schedule, where the children primarily reside with the mother. The court also ruled in favour of the mother for child support and a proportionate share of the children's daycare costs, ensuring her financial stability and the well-being of the children.

P.F. v J.T.F, 2021 BCSC 15062021

Counsel of Record: Millad Ossudallah

Case Summary: Millad Ossudallah was successful in representing the claimant in this case involving a 22-year marriage and ongoing cohabitation following separation. The wife initially secured a without-notice order for exclusive home occupancy and a protection order against her husband based on allegations of long-term verbal and physical abuse. Despite the husband's denial of these allegations, the court upheld the exclusive occupancy order, citing the wife's entitlement to safety and privacy in her home. Although the wife worked away part of the week, her wish to spend time at home with both children was considered reasonable. The protection order was extended for the wife and the older child, evidencing a long-standing pattern of abuse.

Bandpey v Talebpourazad, 2021 BCSC 7632021

Counsel of Record: Tanya Thakur

Case Summary: Tanya Thakur was successful in helping the claimant in this high-stakes divorce matter. The court set aside an existing marriage agreement and acknowledged that the defendant held undisclosed foreign assets. The claimant was granted a favourable division of assets, sole conduct of the sale of the family home, and lump sum spousal support.

J.D. v S.G, 2021 BCSC 5102021

Counsel of Record: Marcus M. Sixta

Case Summary: Marcus Sixta effectively advocated for the claimant wife who had been solely responsible for the mortgage on the family home, despite no longer living in it. Recognizing the significant emotional and financial toll on her and their children, the court authorized the sale of the home without requiring her husband's consent. The husband's claims of financial hardship were scrutinized and dismissed, further justifying the court's decision to alleviate the wife's burden of carrying the mortgage alone.