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Divorce Act (Canada)

Commonwealth References

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Canadian Statutes
Divorce Act, CA
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BC Statutes

Federal Court Decisions

CA Case Law, SCC

Provincial Court Decisions

1999-11-15_SCBC_BerryVBerry
Power Struggles, BC
Case "Law"
Senft v. Senft
Date
BC Case Law
Hildinger v. Carroll
1992-11-16_ bcsc_Laba-V-Laba.html
Northcott-V-Northcott_BCSC
Woodland v. Ceeco
Young v. Young
SK Case Law
























Court Watch

Canadian Children's Rights Council

lawyers-bc.com

Colman, Gene C - Family Law Centre, Toronto

DUHAIME LAW Reference, Victoria

Queen's Printer

Residential Tenancy Branch

 Highbeam Research

BC Electronic Law Library

  Search FACT  

   lawyers.ca

Family Law, UBC Law Students Legal Advice

Family Mediation, Canadian Bar Association


History of Law

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Case "Law"


WARNING:  "Case Law" is NOT "Law"!

Only Parliament can create Law.  Judges create "Jurisprudence" by ruling on points not governed by Statute.  The role of the Judiciary is the application and practice of the Statutory Law of Parliament, NOT the subversion of Parliamentary Statute. 

 Jurisprudence - the summation of the Judiciary's judgments - is not law, but is commonly called "Case Law" nevertheless.  No amount of accreted Jurisprudence can rightly be called "Law".  Only Parliament has the power to pass Bills through Parliament, petition for Royal Ascent, and create Statutes. 

The Judiciary is always subordinate to Parliament, due to the principal, known as the "Supremacy of Parliament".  Since 1649 and the British Civil War, we, the governed,  have enjoyed the "Supremacy of Parliament" over King and Court.  Nevertheless, pretentious Judges and obsequious lawyers subvert these core democratic principals of our Parliamentary System, and wrongly elevate Jurisprudence to "Case Law".

A "Breach of Trust"  exists when an appointee or delegate of Parliament, such as the Judicial Branch or Administrative Branch breaches or exceeds the Trust placed in them.  The Trusts placed in these Trustees are defined by Parliament in the form of Statute, the COURT OF APPEAL ACT [RSBC 1996]. for example.

Having said this, a study of Cases and a biographical perspective of them lends itself well to a practical understanding of Statutory Law, and its application.  We have gathered below  some representative judgments from Applied Law to summarize helpful pricipals of practice.  For more direct access to the collected Jurisprudence, follow Jurisprudence, or Case "Law"

BC Provincial Court:


 

 

Supreme Court of BC:


Senft v. Senft

1992-11-16_ bcsc_Laba-V-Laba.html

Supreme Court of Canada:


2004-03-26  Supreme Court overturns B.C. divorce ruling

2003-Spring The Supreme Court of Canada: An Agreement is Likely A Final Agreement - Spousal Support Releases & The Miglin Decision

2003-04-07  Miglin v. Miglin, [2003]

1998-07-02   Hildinger v. Carroll

 

more  ...  Power Struggles

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