Online Practice Manuals

Hartshorne v. Hartshorne

• 1999 CanLII 5113 (BC SC)
  • Go to CanLII for full text
• 2001 BCSC 325
  • Go to CanLII for full text
• 2002 BCCA 587
  • Go to CanLII for full text
• 2004 SCC 22
  • Go to CanLII for full text
• 2010 BCCA 327
  • Go to CanLII for full text
• 2011 BCCA 29
  • Go to CanLII for full text

The above case is referenced within:

1. Annotated Estates Practice (Current to: January 01 2024)
   • Chapter 1. Wills, Estates and Succession Act—Annotated
     • LXXXIII. Maintenance from estate [§1.68]
2. British Columbia Civil Trial Handbook (Current to: July 01 2021)
   • Chapter 15. Costs in Supreme Court
     • IV. Awards of Costs [§15.4]
       • C. Role of Counsel and Costs [§15.7]
3. British Columbia Estate Planning and Wealth Preservation (Current to: February 15 2023)
   • Chapter 7. Protecting the Estate Plan Against Challenges
     • III. Estate Planning and Family Law [§7.20]
       • B. Techniques to Protect Assets from Potential Claims under the Family Law Act [§7.33]
         • 1. Protecting Assets by Spousal Agreements [§7.34]
4. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 3. Assessing the Legal Issues in a Family Law File
     • VII. Division of Family Property and Family Debt [§3.62]
     • XIII. Corporate Law Principles in the Family Law Context [§3.90]
     • XV. Elder Law Principles in the Family Law Context [§3.92]
       • A. Marriage or Marriage-like Relationships Later in Life [§3.93]
   • Chapter 12. Conducting a Family Law Trial in Supreme Court
     • VI. Final Preparation for a Family Law Trial [§12.41]
       • A. Researching the Law Before a Family Law Trial [§12.42]
         • 2. Preparing the Book of Authorities for a Family Law Trial [§12.44]
   • Chapter 13. Obtaining Court-ordered Costs in a Family Law Case
     • I. Supreme Court Costs in a Family Law Case [§13.1]
       • D. Offers to Settle Costs under the Supreme Court Family Rules [§13.16]
         • 1. Offers to Settle under the Rules [§13.17]
   • Chapter 16. Varying Orders and Challenging Family Agreements in Supreme Court
     • VII. Setting Aside Clauses in Agreements [§16.54]
       • B. Setting Aside Spousal Support Clauses [§16.56]
       • D. Setting Aside Agreements Respecting Property Division [§16.58]
       • E. Factors Courts Consider when Setting Aside Family Agreements [§16.59]
5. British Columbia Motor Vehicle Accident Claims Practice Manual (Current to: February 01 2024)
   • Chapter 17. Costs and Interest in Motor Vehicle Accident Claims
     • V. Costs Considerations with Offers to Settle in Supreme Court [§17.19]
       • E. Double Costs and Offer to Settle [§17.24]
       • F. Guiding Principles in Determining Costs Options [§17.25]
         • 1. Whether the Offer Ought Reasonably to Have Been Accepted [§17.26]
         • 2. Relationship between the Terms of Offer and the Final Judgment [§17.40]
         • 4. Other Factors Affecting Costs when a Settlement Offer Is Made [§17.42]
           • b. Conduct of the Parties [§17.44]
6. British Columbia Probate and Estate Administration Practice Manual (Current to: January 15 2023)
   • Chapter 1. Initial Advice for the Personal Representative
     • III. Preparing to Make the Application for Estate Grant [§1.31]
       • G. Spousal Claims: Initial Advice for the Personal Representative [§1.90]
         • 2. Prenuptial, Marriage, and Separation Agreements and Claims on the Estate [§1.92]
7. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 2. Standards of Review
     • VII. Standard of Review Analysis: Specific Cases [§2.7]
       • Z. Damages and Costs [§2.74]
         • 2. Standard of Review for Costs [§2.76]
   • Chapter 7. Post-hearing Matters
     • I. Matters Arising after Appeal Hearing [§7.1]
       • B. Application for Rehearing of Appeal [§7.3]
8. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 10. Wills Variation Claims
     • VII. Duty to Make Adequate, Just, and Equitable Provision in a Will [§10.41]
       • B. Specific Considerations in Spousal Wills Variation Claims [§10.47]
         • 2. Agreements to Preclude Claims in Wills Variation Claims [§10.49]
9. Family Law Agreements: Annotated Precedents (Current to: November 15 2023)
   • Chapter 2. When Courts Will Vary or Set Aside a Family Law Agreement
     • II. Jurisdiction to Intervene in Family Law Agreements [§2.2]
       • C. Agreements about Property and Other Rights [§2.5]
         • 1. Agreements under Section 93 [§2.6]
         • 7. Property under the Family Relations Act [§2.12]
           • b. Jurisdiction under Section 65 of the Family Relations Act [§2.14]
     • IV. Procedural Fairness in the Formation of Family Law Agreements [§2.16]
       • D. Unconscionability [§2.20]
       • E. Independent Legal Advice [§2.21]
   • Chapter 4. Considerations on Drafting Marriage Agreements, Cohabitation Agreements, and Other Family Law Agreements
     • I. Agreements Made Early in a Relationship or Before Marriage [§4.1]
     • III. Unmarried Relationships [§4.3]
       • A. Family Relations Act and s. 120.1 Agreements [§4.4]
     • IV. Should Clients Enter into a Cohabitation or Marriage Agreement? [§4.8]
     • VI. Marriage Agreements [§4.10]
   • Chapter 6. Introductory Parts and Recitals in Family Law Agreements
     • I. Introductory Parts and Recitals in a Family Law Agreement [§6.1]
   • Chapter 16. Clauses for Cohabitation and Marriage Agreements
     • I. Introduction to Cohabitation and Marriage Agreements [§16.1]
     • VIII. Purpose of a Cohabitation or Marriage Agreement [§16.25]
       • A. Sample Recital: Purpose of a Cohabitation or Marriage Agreement [§16.26]
       • D. Expectations of the Parties [§16.29]
     • IX. Introductory Clauses to a Cohabitation or Marriage Agreement [§16.30]
       • E. Regular Review of Agreement [§16.35]
     • XII. Clauses in a Cohabitation or Marriage Agreement for Support During Relationship [§16.47]
       • D. No Support if Parties Separate [§16.51]
     • XV. Property in a Cohabitation or Marriage Agreement [§16.61]
       • A. Property Brought into the Relationship [§16.62]
       • B. Property Acquired During the Relationship [§16.63]
       • N. Graduated Property Rights in the Family Residence/Preserving Contributions for Initial Period [§16.75]
   • Chapter 17. Concluding Clauses
     • II. Waivers, Releases, and Acknowledgments [§17.26]
       • G. Failure to Insist on Strict Legal Rights Is Not a Waiver [§17.33]
10. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
    • Chapter 3. Child Support
      • VIII. Determination of Support under the Child Support Guidelines [§3.15]
        • I. Exceptions to the Table Amount of Child Support [§3.45]
          • 5. Children over the Age of Majority [§3.56]
            • b. Child Pursuing Post-secondary Education [§3.58]
      • XV. Retroactive Child Support [§3.77]
        • B. Factors to Consider for a Retroactive Child Support Order [§3.82]
          • 2. The Payor Parent’s Conduct [§3.84]
    • Chapter 6. Spousal Support
      • VI. Entitlement to Spousal Support [§6.15]
        • C. Basis for Entitlement to Spousal Support [§6.18]
          • 1. Compensatory Support [§6.19]
    • Chapter 7. Family Law Agreements
      • IV. Setting Aside Agreement for Property and Debt Division [§7.9]
        • A. Defect in the Process of Making a Family Law Agreement [§7.10]
          • 3. Nature and Consequences of the Agreement [§7.13]
        • B. Significant Unfairness [§7.21]
      • VII. Family Law Agreements under the Family Relations Act [§7.26]
        • A. Marriage Agreements [§7.27]
        • E. Variation of Agreements under the Family Relations Act [§7.31]
          • 1. Variation of Agreements under Section 65 [§7.32]
    • Chapter 12. Costs in Family Law
      • I. Introduction to Court-ordered Costs in Family Law Cases [§12.1]
      • III. Entitlement to Costs in Family Law Cases [§12.3]
        • A. The General Rule That Costs Follow the Event [§12.4]
        • B. Costs Based on Substantial Success [§12.5]
        • C. Exceptions to the General Rule That Costs Follow the Event [§12.6]
          • 4. Offers to Settle [§12.10]
      • VII. Timing of an Award for Costs in Family Law Cases [§12.19]
      • X. Appeal of Costs Award in Family Law Cases [§12.25]