Tiffany Paulsen, K.C. to Participate in Family Law Panel

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Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include perspectives on how leaders of the justice sector are using data and design methods to foster a collaborative and coordinated approach to improving family justice in Saskatchewan. The event is open to the public and available for CPD credit. For more information, click here.

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

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Tiffany Paulsen, K.C. and Curtis Clavelle present at PATHS Conference 2022

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willemien-kruger-lawyer-robertson-stromberg

Tiffany Paulsen, K.C. and Curtis Clavelle will host a breakout workshop titled, The Divorce Act Amendments in Practice: Creating Meaningful Change? at this year’s PATHS Conference.

PATHS’ mission is to support and collaborate with member agencies and others to address, prevent, and ultimately eliminate intimate partner and family violence in Saskatchewan.

For tickets to this year’s conference, click on the link below.

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include...

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Robertson Stromberg welcomes Brittany Bezmutko and Jesse Hayward

Robertson Stromberg is pleased to welcome associates Brittany Bezmutko and Jesse Hayward to the firm.

Called to the bar in June 2022, Brittany Bezmutko has dedicated her practice to Family Law and Employment Law. While attending law school, Brittany volunteered with Pro Bono Students Canada in several capacities, including the Family Legal Assistance Clinics in which she provided legal information to community members regarding family law matters.    

CONTACT

Direct: (306) 933-1358
Main: (306) 652-7575
Fax: (306) 652-2445
Email: [email protected]

Jesse Hayward maintains a general civil litigation practice with a particular interest in Administrative Law, Commercial Litigation, Construction, Insurance, and Labour and Employment Law. He has represented clients in the Court of Queen’s Bench, Provincial Court, and various boards and tribunals.

CONTACT

Direct: (306) 933-1348
Main: (306) 652-7575
Fax: (306) 652-2445
Email: [email protected]

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include...

read more

Questioning for Family Lawyers

willemien-kruger-lawyer-robertson-stromberg

Join Tiffany Paulsen, Q.C. and other seasoned litigators to break down their most effective questioning techniques, providing you with the tools, tips and strategies you need to get the most out of your next questioning. Find out how to gather information, obtain admissions, test theories, assess witness credibility and handle difficult witnesses and counsel.

Thursday, May 5
1:00 – 4:30 p.m. (ET)
Live Online

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Enforcement of Cross-Default Clauses

It is common in Saskatchewan that a farmer will go to the same financer for more than one loan facility. In many cases, the typical situation plays out as follows: The farmer, getting started or acquiring land from a parent, requires a mortgage to purchase the land....

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include...

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Exemptions when Dividing Family Property: What You Need to Know

Many twists and turns are involved when dividing family property following a separation. There are special rules for dividing the family home, equitable claims that can be made, and many issues to consider. One such issue which can add complexity is exemption claims.

Exemptions can be claimed for items owned before marriage or before you became common-law spouses. Section 23 of The Family Property Act (Saskatchewan) provides for this. If you are eligible to claim an exemption, it will mean the value of that property is not subject to division (i.e. you will not have to share the value of that property with your spouse upon separation).

Here are six things you need to know about exemption claims:

  1. The definition of family property is broad under the Act. Examples of family property include items such as investments, bank accounts, land, personal property, etc. Generally, family property can be claimed as exempt if owned before the relationship.
  2. There are certain items that cannot be claimed as exempt. These include the family home and household goods which, generally, refers to property that is used for transportation (vehicles), household use (furniture, appliances, décor, etc.), and recreational use, but does not include antiques, artwork, jewelry, or anything used in a business or hobby.
  1. This means that if you owned a house prior to the relationship which your spouse moved into, in the vast majority of cases, you will be unable to claim an exemption for the house and it is presumptively equally divisible.
  2. Likewise, if you owned furniture before the relationship which you moved into your spouse’s house, you cannot claim it as exempt since it would be considered household goods.
  1. The value which can be claimed as exempt is limited to the fair market value of the property at the start of the relationship (the value at the date you are married or become common-law spouses). This means that, if the property grows in value over the course of the relationship, your spouse is, generally, entitled to share in that growth of value.  There are certain exceptions to this rule which will not be covered in this article.
  1. For example, if you owned an investment at the date of marriage and it grows by $50,000 over the course of the marriage, your spouse is entitled to share in that $50,000 growth in value.
  1. The exemption claim can be traced through the property.
  1. For example, if you were to cash in an investment worth $50,000 at the date of marriage and purchased artwork with it, the value of the artwork would be exempt up to the $50,000. Any increases in value over $50,000 over the course of the relationship would be shareable. 
  2. If you instead purchased a vehicle used for everyday driving, you would lose the exemption since that vehicle would be considered a household good.
  1. The fair market value of shares in a corporation as of the date of marriage/common-law is exempt. Any increase in value of the shares over the course of the relationship is, generally, shareable by your spouse.
  2. There are circumstances where an exemption claim will not be allowed if the Court finds that allowing the exemption would be unfair and inequitable. For example, if the property declines in value over the course of the relationship, it is generally unfair to allow the full amount of the exemption.

This article is intended to provide legal information only, not legal advice.  Dividing family property can be quite complicated. It is recommended that you seek the advice of a lawyer when considering the division of family property.

For further information, please contact:

Curtis P. Clavelle
Direct: 306-933-1341
Email: [email protected]

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include...

read more

Questioning for Family Lawyers

Join Tiffany Paulsen, Q.C. and other seasoned litigators to break down their most effective questioning techniques, providing you with the tools, tips and strategies you need to get the most out of your next questioning. Find out how to gather information, obtain...

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Family Violence in Family Law

When asked to make a parenting order, courts will consider family violence as a factor relating to the child’s circumstances and, ultimately, their best interests. But what if the evidence is controverted?

One consideration is credibility. In assessing the appropriate parenting arrangements for a child, credibility of the witnesses is measured. The Nova Scotia Family Court, in H.L. v Z.L., 2018 NSFC 5, helpfully sets out the following factors to consider when making credibility determinations:

  1. What were the inconsistencies and weaknesses in the witness’ evidence, which include internal inconsistencies, prior inconsistent statements, inconsistencies between the witness’ testimony, and the documentary evidence, and the testimony of other witnesses: Re: Novak Estate2008 NSSC 283 (S.C.);
  2. Did the witness have an interest in the outcome or was he/she personally connected to either party;
  3. Did the witness have a motive to deceive;
  4. Did the witness have the ability to observe the factual matters about which he/she testified;
  5. Did the witness have a sufficient power of recollection to provide the court with an accurate account;
  6. Is the testimony in harmony with the preponderance of probabilities which a practical and informed person would find reasonable given the particular place and conditions: Faryna v. Chorney 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354;
  7. Was there an internal consistency and logical flow to the evidence;
  8. Was the evidence provided in a candid and straight forward manner, or was the witness evasive, strategic, hesitant, or biased; and
  9. Where appropriate, was the witness capable of making an admission against interest, or was the witness self-serving?

While the above factors are an excellent guide to assessing credibility, the Saskatchewan Court of Queen’s bench has acknowledged that, at the end of the day, the focus is on the best interests of the child. The question is how to safely structure parenting in view of the allegations of family violence, as opposed to whether certain, or any, events did or did not occur. Refer to Juraville v Armstrong, 2021 SKQB 73.

So, while there may be conflicting evidence between parties, particularly as it relates to family violence, it remains possible to fashion a parenting plan for the child that will compliment their best interests and safeguard their mental, emotional, physical and spiritual wellbeing.

Contacting a Lawyer on this Subject

The above is for general information only, and not legal advice. Parties should always seek legal advice prior to taking action in specific situations. Contact Kelsey Dixon at 1-306-933-1359 or [email protected] to learn more.

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Tiffany Paulsen, K.C. to Participate in Family Law Panel

Join Tiffany Paulsen, K.C., at the University of Saskatchewan’s College of Law on October 25, 2022, where she will participate in a panel discussion entitled Using Data and Design for Action: Next Steps For Family Justice in Saskatchewan. The discussion will include...

read more

Questioning for Family Lawyers

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