Lawyers are also Notaries Public. Here at Hillside Law, we’ve got you covered when it comes to Okanagan notaries. Getting a document notarized means having your signature witnessed by a Notary Public to prove the document is genuine and that you signed it of your own free will, without duress. It means you want the […]
Areas of Law: Family Law; Child Support; Spousal Support; Arrears In determining whether child support arrears should be cancelled, the court must consider whether there has been a material change in circumstances and whether it would be grossly unfair not to cancel the arrears. This is a distinct test from the one to apply in […]
Know Your Options Pension plan members can choose between different options for survivor benefits. In BC, a plan member with a spouse must take a pension that pays a survivor benefit to the spouse if the member dies first (unless the spouse gives up that right by signing a prescribed form). After a separation, a […]
According to a decision by the Supreme Court of Canada last Spring, mandatory minimum sentences for possessing a loaded prohibited or restricted firearm are considered cruel or unusual punishment, making them unconstitutional. Section 95 of the Criminal Code – which had been recently amended – imposed severe restrictions on two classes of firearms: 1. “Prohibited […]
The federal Divorce Act sets out the rules for spousal support for married couples who get divorced. The Divorce Act applies across Canada (whereas each province has its own laws for dealing with couples in common-law relationships and for married couples who separate but who are not divorced). Under the Divorce Act spousal support is […]
Canada’s Truth in Sentencing Act became law in February 2010. It changed the law regarding how much credit can be given for time spent in custody before a person gets sentenced. Judges used to have a fair bit of discretion, and typically gave double (or 2-for-1) credit based on considerations such as the fact that […]
R. v. Kovich, [2013] MJ No. 417, dealt with the provisions of the Criminal Code and the Truth in Sentencing Act dealing with bail and credit for pre-sentence custody. This appeal challenged the validity of s. 719(3.1) of the Criminal Code, which arguably prohibits a sentencing judge from giving enhanced credit for pre-sentence (remand) custody […]
