Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Cases tagged as Family Law

Cases in 2023

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.

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.

Cases in 2021

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.

Cryer v Geissinger, 2021 BCSC 24902021

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.

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

Counsel of Record: Tanya Thakur

Case Summary: In this complex family case, Tanya Thakur successfully obtained a finding of family violence for the mother. 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.

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.

Allan v Fagerholm, 2021 ABPC 332021

Counsel of Record: Camille Boyer

Case Summary: In this complex case involving substance abuse and child custody, the applicant father, represented by Camille Boyer was successful in petitioning the court to update the existing parenting order. Despite ongoing struggles with sobriety, the father had consistently tested negative for substance use and sought to improve his situation. Ultimately, the court granted the father unsupervised visits with his child every Saturday. The decision marked a positive step for the father in being more involved in his child's life.

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

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 favor 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. Raphaelle Labman · Fri, Apr 5

Cases in 2020

Nott v Nott, 2020 BCSC 19622020

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully defended the respondent husband who had separated from his wife in 2011 and had a consent order in place since 2013. The claimant wife tried to overturn this order, claiming that her husband had lied about his income. The court found that the husband had not misrepresented his financial situation, especially as the wife had been his sole bookkeeper for nearly two decades. The wife's application to set aside the existing consent order was dismissed, maintaining the original terms.

Cases in 2019

Brien v Brien, 2019 BCSC 3312019

Counsel of Record: Marcus M. Sixta

Case Summary: In this complex case involving multiple companies and family assets, the claimant wife, represented by Marcus Sixta, successfully secured an equal division of family assets. Guided by the BC Family Relations Act, the court ordered that the net proceeds from the sale of one of the companies. and its affiliates, along with the family home, be equally divided between the parties. The court also mandated various financial adjustments to ensure a fair distribution, obligating the husband to cover a portion of the wife's legal fees related to the family law proceedings.

Cases in 2017

Stewart v Bosacki, 2023 BCCA 263 2017

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully represented the respondent husband in this complex family law dispute. The applicant wife sought multiple orders, including fines and back payments for child support. The husband managed to delay the hearing to properly prepare his case, although he was ordered to pay $10,000 for the delays. An attempt to appeal this fee was not successful, but it was a minor issue given the larger context and ongoing legal battle.

MLJ v SFJL, 2017 ABQB 1942017

Counsel of Record: Amanda Marsden 

Conflict of Laws: Family law — Children — Custody
Child removed from jurisdiction by spouse or spouse refusing to return child — Habitual residence

Case Summary: Amanda Marsden successfully represented the mother in this case involving international child custody. The court ruled that the child, who was taken to Canada by the father, was wrongfully retained and should be immediately returned to France. The father failed to prove that the mother had deceived him into moving to France with the intent of ending their relationship. The decision reinforced that both parents had originally mutually agreed to make France their habitual residence, affirming the mother's rightful custody.