Tag: LSS

2016 Bi-monthly Update Series: September-October

New on Clicklaw

In our 2015 year-end update, we promised to provide bimonthly updates to new resources and services added to Clicklaw in those two months. Here is a sample from the changes in September and October:

Jan-Feb | Mar-Apr | May-Jun | Jul-Aug | Sep-Oct | Nov-Dec

connected-car-coverThe Connected Car
by BC Freedom of Information and Privacy Association

The report outlines how data culled from vehicle telematics and infotainment systems can be used for safety, monitoring, customer relationship management etc. Yet some data harvested from cars can also be used to track and profile customers for marketing and other purposes.

starting-a-small-business-in-bc-coverStarting a Small Business in BC Guide
by BC Ministry of Jobs, Tourism and Skills Training and Responsible for Labour

This 2016 edition is an introductory guide to help you with planning, implementing, and developing a small business. It provides essential information you need to know as well as links to additional resources to help ensure that your new business is successful.

cpabc-logoLegal Workshop videos
by Cerebral Palsy Association of British Columbia

The videos from CPABC’s legal workshops include topics such as workplace discrimination, victims of crime, and rights for youth in transition.

clas-logoBC Judicial Review Self-Help Guide
by Community Legal Assistance Society (CLAS)

Have you received a decision from the BC government or a tribunal (decision maker) that you think is seriously flawed or unfair? After you have gone through all your appeal options within the system, you may be able to ask a judge to review the decision.

CLAS has a guide for people who are representing themselves in a judicial review. We have now updated and modified this guide into a web-based form where users can navigate through the judicial review process for their selected tribunal. This website gives an overview of options that people have, step-by-step information about filing court documents, and templates that people can use when self-representing in Court. The website also allows people to get in touch with CLAS lawyers to ask for information and advice about their situation.

dabc-logoBC Disability Benefits Help Sheets
by Disability Alliance BC

As of September 2016, Disability Alliance BC has fully updated their Help Sheet series to reflect the changes to the PWD benefit, including a rate increase and changes to the BC Bus Pass Program.

emilys-choice-coverEmily’s Choice
by Legal Services Society

Emily’s Choice uses storytelling and images to describe child protection. Co-produced with the Healthy Aboriginal Network, the video and graphic novel tell the story of Emily, who struggles with addiction and an unhealthy relationship. She loves her son, Greg, but can’t always take care of him. When he goes into foster care, she gets legal help and family support to get him back.

The webpage provides links to the video, trailer, online version of the graphic novel, ordering information, who can help, and promotional material.

the-factum-logoThe Factum
by Legal Services Society

The Factum is a Legal Services Society blog about the law in British Columbia and how people can navigate the legal system. While it talks a bit about all aspects of the law, it focuses mainly on how the legal system affects people who can’t afford a lawyer.

Civil Resolution Tribunal- BC’s New Online Tribunal0000crt (Webinar recording)
by Civil Resolution Tribunal and Courthouse Libraries BC

This webinar focused on the recent changes to the strata dispute process brought about in the Civil Resolution Tribunal Amendment Act and served as an introduction to the CRT’s resolution services (including guides, videos and sample document templates) and their Solution Explorer software tool.

 

Stay informed:

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Moving in together, “Common-Law Relationships” and Unmarried Spouses in BC

The broader context

Are we or aren’t we?

0_censusThis past year, your household would have received some form of the 2016 Census, which included a question that could stump a few people: Are you married? Do you have a common-law partner?

The Statistics Canada website defines Common-Law Partner as “persons who are members of an opposite-sex or same-sex couple living common law. A couple living common law is one in which the members are not legally married to each other but live together as a couple in the same dwelling.”

“Common-law partner” is the term used federally (Canada-wide) to mean a marriage-like relationship that has lasted for two years, just one year or even less, depending on what law applies.

In BC, our provincial family laws use the term “spouse” or “unmarried spouse” to refer to an unmarried couple who has lived together in a “marriage-like relationship” for at least two years, or less than that if they have had a child together. There is no such thing as a “common-law spouse” or “common-law marriage” in BC. However, there are still certain consequences of being an “unmarried spouse”. See Unmarried Spouses.

What should I know about before moving in with my partner?

keys-525732_1280In BC, If you have lived together in a “marriage-type relationship” for two years (with some variability), these are some important consequences to know about:

  • the debts either of you incurred while you were living together are considered “family debt”, which means that when you break up, the responsibility for this debt may be divided equally between you. Read more about this at: How to divide property and debts, Property & Debt in Family Matters;
  • if you buy property together during your relationship, regardless of who paid the downpayment, you could equally share it and equally share the increase in value of property you had before the relationship, which can even apply to the increase in value of “excluded property” like gifts and inheritances;
  • the courts will treat you like a married couple when determining spousal support. See Spousal Support;
  • you may be considered spouses for the purpose of social assistance and other benefits* (which may negatively or positively affect your eligibility). See Thinking of moving in together?;
  • it may affect your partner’s right to “contest” your will. See What Happens When Your Spouse Dies.

I’m already living with my partner. Is there anything I could do?

I want legal advice and/or more information on my situation. Where can I get it?

If you are low income and have questions on family law matters, the Family LawLine can provide more information and help.

To find legal advice and other help on family law issues, see Helpmap results for “family law” and “legal advice” here. It includes services like the CBABC’s Lawyer Referral Service, which connects you with a lawyer who will offer an initial 30-minute consultation for a nominal fee of $25 plus taxes.

This post didn’t cover everything. Read more about this topic:

For example, we weren’t able to discuss situations where an unmarried couple have had a child together. That would have made this post very long indeed! Read the resources linked throughout this post for more information. Another great resource to consult is: Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce

Past posts on Family Law from the Clicklaw Blog:

STAY INFORMED:

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