BC
family arbitration awards can now be filed in BC Supreme Court but remember to have the family law arbitrator protect your privacy.
Proceedings for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement, paternity agreement, family arbitration agreement or
family arbitration award.
«
family arbitration award» means a
family arbitration award made under the Arbitration Act, 1991; («sentence d'arbitrage familial»)
Not exact matches
Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a
family arbitral
award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to
arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.
The BC Court of Appeal set aside the reduction of support on the basis the trial judge failed to first determine whether there was a material change of circumstances, and also failed to properly interprete the
arbitration award without considering the arbitrator's reasons, the application of the
Family Law Act and applicable case law.
Supreme Court
Family Rule 2 - 1.2 provides that an arbitration award in a family law proceeding may be filed in the court registry and s. 29 of the Arbitration Act, provides that an arbitration award may be enforced in the same manner as a judgment or order of the
Family Rule 2 - 1.2 provides that an
arbitration award in a
family law proceeding may be filed in the court registry and s. 29 of the Arbitration Act, provides that an arbitration award may be enforced in the same manner as a judgment or order of the
family law proceeding may be filed in the court registry and s. 29 of the
Arbitration Act, provides that an
arbitration award may be enforced in the same manner as a judgment or order of the Court.
Privacy from public scrutiny that attaches to a court judgment and the ability to tailor the process to meet the needs of both parties and their children is an obvious benefit of BC
Family law
arbitration awards.
Because costs are not available unless there is a statute allowing it, a cost -
awarding power is intentionally omitted from the jurisdiction of the presiding judge or officer of informal or simplified proceedings such as
arbitration, small claims and some
family courts.
(1) A party to an
arbitration, other than an
arbitration in respect of a
family law dispute, may appeal to an appeal tribunal on any question of law arising out of the
Award if:
The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the
Family Law Act relating to support; proceedings to enforce
arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans,
awards and grants.
We also have top
family law lawyers (Top Choice
Award (2014, 2016, 2017), top rated reviews on Google, Yelp, threebestrated, lawerratingz.com) who will champion your case at mediations and
arbitrations to ensure you get the best result at your
family law mediation or
family law
arbitration.
(a) at any time before commencement, an
award in an
arbitration had been registered under section 19D or 19E of the
Family Law Act 1975; and