Publications

PFD | Family

  • September 2018
    PFD | Family

    How confidential is the mediation process?

    By Amanda Taddeo Lawyer
    The Code of Civil Procedure stipulates that all that is said or written as part of the mediation process shall remain confidential. However, in the recent case of Bisaillon v. Bouvier, 2017 QCCS 3788 (CanLII), the Honourable Benoît Moore of the Superior Court of Québec allowed summary agreements to be submitted as evidence in divorce proceedings.

  • April 2018
    PFD | Family

    The fiduciary veil should not be lifted

    By Amélie Dupras Lawyer
    That is the conclusion reached by the Court of Appeal of Québec in Karam c. Succession de Yared (2018 QCCA 320) on March 1, 2018. In this case, the Court was called upon to determine whether the value of a residence purchased by a trust but in which spouses lived during the time they cohabitated should be considered when partitioning the family patrimony.

  • September 2017
    PFD | Family
    DIY wills

    The simplest solutions that could cause headaches for your heirs!

    By Eloïse Pion Lawyer
    When drafting a document as important as a will, it is crucial to ensure that all formal requirements are met in order to guarantee validity. Indeed, if a will does not comply with the strict rules outlined in the Civil Code of Québec, your last wishes may never come to be and could even lead to estate litigation that will prove costly in terms of time, energy and money for your heirs.

  • May 2017
    PFD | Family

    How a spouse's bankruptcy impacts the division of family patrimony

    By Amélie Dupras Lawyer
    On March 6, 2017, the Court of Appeal of Québec assessed the impacts of a spouse's bankruptcy on the division of family patrimony in Syndic de R.T. (2017 QCCA 362). More specifically, the Court examined whether a debt stemming from a division of family patrimony arising from a judgment of divorce constitutes a provable debt within the meaning of the Bankruptcy and Insolvency Act.

  • November 2016
    PFD | Family

    Adopting a child born of a surrogate

    By Marie-Ève Dufort Lawyer, Eloïse Pion Lawyer, Julie Lavoie Lawyer
    Certain couples after spending years trying unsuccessfully to have a child, will eventually have recourse to a surrogate -often a friend- to help them fulfill their dream.

  • February 2016
    PFD | Family

    Family mediation and participatory justice

    By Amélie Dupras Lawyer
    The new Code of Civil Procedure, which came into effect on January 1, 2016, undertakes a sweeping reform of the justice system and brings private and voluntary conflict resolution processes to the fore. In fact, the Code significantly amends the rules surrounding family mediation.

  • December 2015
    PFD | Family

    Testamentary substitution: an important tool to pass on your estate

    By Marie-Sophie Marceau Lawyer
    With the prevalence of stepfamilies, drawing up a will and expressing final wishes may prove challenging for some. Leaving assets to a partner who is not your child's parent can raise many questions. Once your assets are transferred to your spouse, they may slip through your children's fingers.

  • October 2015
    PFD | Family

    Election promises and family law: Universal Child Care Benefit (UCCB)

    By Eloïse Pion Lawyer
    In January, the Conservative government amended the family support program by increasing the Universal Child Care Benefit (UCCB) and abolishing the child tax credit for children under the age of 18.The UCCB now provides $160 per month per child under the age of six and $60 per month per child between the ages of 6 and 18. However, since the UCCB is a taxable benefit (except for families that earn less than $20 000 annually), much of the amount will be paid back as income tax.

  • April 2015
    PFD | Family

    Separated parents: Plan your holidays!

    By Marie-Ève Dufort Lawyer
    If you plan to take your minor child abroad on holidays this summer, be sure to plan ahead! In order to allow a minor child to travel internationally, several countries require the written consent of the parents. Also, all minor children must have their own passports. In Canada, these documents must be presented upon re-entry.

  • October 2014
    PFD | Family

    Child Support Recalculation Service (SARPA) comes into effect

    By Marie-Ève Dufort Lawyer, Eloïse Pion Lawyer
    On April 1, 2014, Québec's new child support recalculation service, (SARPA), which is administered by the Commission des services juridiques, came into effect. The SARPA makes it possible for parents to recalculate determined child support payments without having to return to court.

  • May 2013
    PFD | Family

    Extended period for retroactive support and new obligations for sharing financial information

    New provisions of the Act to promote access to justice in family matters came into effect on June 15, 2012, extending the period for retroactive applications for support and outlining new obligations in terms of financial information sharing between spouses.

  • March 2012
    PFD | Family

    Consult before you consent!

    When spouses divorce and a party requests spousal support, it is in the best interest of both persons involved to consult with a legal advisor. In fact, in its ruling in L.M.P. v. L.S., 2011 SCC 64, the Supreme Court of Canada highlighted the importance of seeking expert advice before signing a consent.

  • April 2011
    PFD | Family
    ÉRIC V. LOLA

    ÉRIC V. LOLA - The debate rages on

    By Julie Lavoie Lawyer
    Following the decision of the Québec Court of Appeal in the Éric v. Lola case last fall, the government of Québec decided to bring the matter before the Supreme Court of Canada.

  • February 2011
    PFD | Family
    PASSPORT SUSPENSIONS

    An effective sanction against alimony arrears

    By Marie-Ève Dufort Lawyer
    The government of Canada passed the Family Orders and Agreements Enforcement Assistance Act to help the provinces carry out alimony orders against individuals who are repeatedly in default.

  • November 2010
    PFD | Family
    BREAKING NEWS!!

    A historic ruling in the Éric v. Lola saga

    On Wednesday, November 3, 2010, the Court of Appeal of Québec ruled in the controversial Éric v. Lola case. This ruling is far-reaching and transforms the rights of common law partners in Québec.

  • October 2010
    PFD | Family
    FAMILY

    Can a 14-year-old petition the court to change a custody agreement?

    By Étienne Ruel Lawyer
    A 14-year-old seeking to modify his parents' custody agreement. The teenager asked to be placed in the sole custody of his mother instead of the shared custody he had been in for the past three years.

  • June 2010
    PFD | Family
    CHILD SUPPORT

    The contribution of a new common law spouse

    By Marie-Ève Dufort Lawyer
    The contribution of a new common law spouse should not be taken into account when determining child support for children born of a previous relationship.

  • January 2010
    PFD | Family
    FAMILY LAW

    2009 Retrospective


  • October 2009
    PFD | Family
    FAMOUS DECISION

    The Lola vs Eric saga: Take 1!

    By Étienne Ruel Lawyer
    She asked for support payments of $56,000 a month for herself, and a lump sum payment of $50,000,000 based on the division of family patrimony under the regime of partnership of acquests.

  • June 2009
    PFD | Family

    Common-law spouses and family patrimony : important developments!

    Can common-law spouses have contractually agreed to a given patrimony regime, exclude some of its rules, such as renouncing to the division of the family patrimony before there is a judgment of divorce or separation, if they have clearly expressed the will to do so?