A closer look at the Report on Pension Division: Locked-in retirement accounts and life income funds

This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue Since the advent of the Family Law Act, case law has consistently held that locked-in retirement accounts and life income funds should be divided under part 5 of the act. Should the act be amended to change this Read more…

New BCLI publications call for reforms to the child protection framework and review of legislation on youth aging into the community

The British Columbia Law Institute has just published the Report on Modernizing the Child, Family and Community Service Act and the Study Paper on Youth Aging into the Community. With these two publications the work of BCLI’s Child Protection Project Committee has drawn to a close. This committee met 19 times, considered 48 submissions in a public consultation, and developed two publications to meet distinct goals: one providing detailed recommendations for legislative reform, the other Read more…

A closer look at the Report on Pension Division: Private annuities

This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue When the Family Law Act was enacted, a new provision was added to deal expressly, for the first time, with the division of “benefits under an annuity that is purchased by the member rather than by an Read more…

“The Family Law Act does not adequately provide for polyamorous families in the context of parentage”: BC Supreme Court

In British Columbia Birth Registration No. 2018-XX-XX5815, 2021 BCSC 767, the BC Supreme Court considered the following situation: [8]         The petitioners have lived together in a committed polyamorous relationship since 2017. The petitioners are in a relationship known in the polyamory community as a “triad”. As the petitioners explain, to them this means that they each have a relationship with one another and each of their relationships with each other are considered equal. *** [10]      When Read more…

A closer look at the Report on Pension Division: Disability benefits

This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue This issue is concerned with the application of section 122 to a specific fact pattern, which is best expressed as a hypothetical scenario. A spouse agrees to become a limited member of a pension plan. At the Read more…