Recently, lawyer Johanna Stein was successful at the BC Court of Appeal in a decision that dismissed an appeal and allowed the cross-appeal of her client in a family law matter. After a 16 day trial, the Court held that the BC Supreme Court hearing was inadequate and did not secure the just determination of a significant issue on the merits.
“This family law saga highlights the importance of getting good legal advice and a properly drafted separation agreement the first time around!
The decision also affirms the importance of giving litigants the opportunity to “meet the case” against them, affirming principles of natural justice and procedural fairness.” – lawyer, Johanna Stein.
In its decision, the Court found the client was not give a chance to “meet the case” against him and should have been given such opportunity. The Court remitted the matter to trial court.
Decision here: https://www.bccourts.ca/jdb-txt/ca/21/03/2021BCCA0318.htm