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Archive for October, 2004

Migline Changes Legal Landscape for British Columbia Child Custody Cases

Saturday, October 30th, 2004

The Miglin test has been held to apply to BC Spousal support cases and just recently in the BC Family Law case of Hartshorne, a Miglin like test has been held to be applicable to BC property agreement cases as well.

Interestingly, the Miglin test has been applied to cases involving disputes and variations of custody and access agreements entered into by separated parents which come before the Court in the first instance.

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INTRODUCING NEW EVIDENCE AFTER THE JUDGE HAS ALREADY MADE A DECISION AT A DIVORCE TRIAL? – IT CAN BE DONE

Wednesday, October 27th, 2004

In a recent decision, the British Columbia Supreme Court examined the question of whether a decision reached at trial could be reopened and changed without an appeal taking place on the basis of new evidence having been discovered after the trial had ended.

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