Disputes over Pets: A Dog’s Chance at Achieving the Cat’s Meow

Pets are very loved by their owners and often viewed as family members akin to children. However, the law does not treat family pets the same as it does children for the purposes of custody and access.

For children, the court is always guided by the “best interests” of the child.  In contrast, under the law, animals are considered personal property. As such, disputes between people claiming the right to possess an animal are determined on the basis of ownership, or agreements as to ownership, rather than considerations of “the best interests” of the pet.

That being said, the law in jurisdictions outside of Nova Scotia may be starting to recognize a more nuanced approach for addressing possession of pets in separations involving married couples. Courts are able to treat a pet’s status as family or matrimonial property to ground an order for possession of, or essentially access to, that pet by a former spouse.

With respect to common law couples, in the recent Nova Scotian decision of MacDonald v. Pearl, 2017 NSSM, Adjudicator Richardson noted: “…the fact that people in a common law relationship may view their pets as akin to children gives rise to the possibility of agreements—whether express or implied—as to what might happen to the animals in the event the people separate”.

In MacDonald v. Pearl, the Small Claims Court addressed a dispute over two Yorkshire Terriers, brothers Henry and Daniel. Essentially the court determined that Henry was purchased by Mr. MacDonald as a companion for Ms. Pearl because Ms. Pearl was lonely. Accordingly, Ms. Pearl was awarded Henry.

The other dog, Henry’s brother Daniel, was purchased by Mr. MacDonald because Mr. MacDonald did not want to leave Daniel, the last of the litter, alone.  Mr. MacDonald was awarded Daniel, which somewhat ironically separated the siblings.

In a case involving sibling children, the court will heavily consider the children’s bond to each other when analyzing their best interests. As indicated above, because pets are classified as personal property, the court is not able to consider their best interests, and so the court cannot consider the relationship between animal siblings.

With the state of the law as it is now, working out an agreement on pet ownership or access directly between the parties is the best way to properly recognize the love and companionship people share with their pets, as well as what arrangements are in the pet’s best interests after separation.  

Parenting and Support Act Coming into Effect May 26, 2017

On May 26th, 2017, the provisions of the Parenting and Support Act will come into effect throughout Nova Scotia. This is a new piece of legislation that will update and replace the Maintenance and Custody Act. This Act governs family law issues relating to child custody, and child and spousal support for unmarried couples or married couples who have separated but have not initiated divorce proceedings.

The Parenting and Support Act maintains some of the provisions of the Maintenance and Custody Act. There are a number of key updates and additions that affect law in Nova Scotia. These changes are shown in the wording used by the Act relating to parenting. For instance, the definition of who qualifies as a “parent” or “spouse” has been broadened, and terms such as “access” have been replaced with “interaction” and “parenting time.” The Act has also adopted more gender neutral language throughout.

The significant change is that the Parenting and Support Act now includes provisions on child mobility and relocation. The Act imposes presumptions in favour of certain parents who wish to move with their child, or those who oppose the move. These presumptions are based on the custodial and parenting arrangements in place at the time.

If the parent who wants to relocate with the child is considered the child’s primary caregiver (or the parent the child lives with for the majority of the time), then the other parent would have the burden to show the court that the proposed move would not be in the best interests of the child. If parenting time is shared between the parents, then both parties need to show the Court what is best for the child.

The new Parenting and Support Act sets out a list of factors for the court to consider when seeking to determine what would be in the best interests of the child in relocation cases.

Cases concerning mobility and relocation are some of the most difficult family law issues that come before the court. The Family Law Lawyers at Lenehan Musgrave LLP are knowledgeable in these new provisions of the Parenting and Support Act, and experienced in child mobility and relocation cases. Please contact us at: http://www.lenehanmusgravelaw.ca/consultation/ or 902-466-2200 for more information or to schedule an initial consultation.

Welcome Amber Penney as our new Associate Lawyer

Lenehan Musgrave LLP is delighted to announce that Amber Penney has joined our firm as a senior Associate Lawyer.

Amber articled in Newfoundland, was called to the Newfoundland and Labrador bar in June of 2012 and called to the Nova Scotia bar in July of 2012. Since that time, Amber has been practicing family law with the following areas of focus:

• Separation and any resulting agreements;

• Divorce – both contested and uncontested proceedings dealing with custody, access, child and spousal support, and property issues;

• Cohabitation Agreements and Marriage Contracts;

• Child Protection Matters; and,

• Adoptions.

In and out of the Court room, Amber serves as a grounded and respected family law lawyer. To learn more about Amber, please view her bio in the Our Team section of our website.

Deducting Your Legal fees: A Guide this Tax Season

As tax season approaches, it is beneficial to be aware of what expenses you may be entitled to claim as deductions.

If you incurred legal fees for the purpose of collecting, receiving, or securing child support or spousal support, you can claim those legal fees as a deduction at line 221 of your income tax return. It is important to note that only the receiving parent or spouse can claim their legal fees as a deduction.

The tax deductible legal fees may relate to collecting late support payments, establishing an amount for support payments, or efforts to vary support to a higher amount.

Every January we review our clients’ accounts and determine the percentage of time and effort spent on their file that relates to their claims for child and/or spousal support.  We then send our clients who qualify for a deduction letters outlining our opinion on the percentage of their legal fees they are entitled to deduct. The client can provide their letter to CRA as a receipt.

We offer these letters free of charge to our clients because we believe that individuals and families should enjoy the maximum income and benefits available to them through law.

Further information can be found on Canada Revenue Agency’s website: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/221/menu-eng.html.

Living Wage

The living hourly wage is the rate necessary to pay for the basic needs of a family of four with two working parents. This amount is calculated by the Centre for Canadian Policy Alternatives. 

For 2016, the living hourly wage in Halifax is $19.17 for a 35 hour work week, which amounts to $34,889.00 annually per full-time working parent.  The current living hourly wage is nearly a dollar lower than it was in 2015 thanks to the Canada Child Benefit introduced by the federal Liberal government.

At Lenehan Musgrave we believe all employees are entitled to earn a living wage and that all families should benefit accordingly. These beliefs are reflected most strongly in our staff compensation packages and in our unique approach to providing legal services.

We recognize how difficult it can be for many individuals to earn a living wage in our current economy, so we offer limited scope legal services for clients and families on tight budgets.  One such limited scope service that we offer a flat rate fee for are applications for child support: http://www.lenehanmusgravelaw.ca/set-price/

We also offer flexible hours for appointments on request so that our clients can meet with us without having to sacrifice income they could be earning.

Understanding Spousal Support in Canada: What You Need to Know

Recent case law in Nova Scotia emphasizes that in Canada, spousal support should not be automatically prolonged solely based on one spouse's failure to achieve self-sufficiency.

Society's Responsibility and the Right to a "Clean Break"

Judges frequently acknowledge that society as a whole has a responsibility to individuals who are unable to work that must be balanced with the responsibility of the supporting spouse.  The Court looks to find a balance between one spouse’s need for support and the other spouse’s need for certainty with respect to their obligations and right to have a “clean break”.

The concept of a "clean break" emphasizes the idea of finality and closure after a divorce. It is based on the understanding that both parties should be able to move forward without lingering financial ties to one another. This principle acknowledges the emotional toll that ongoing financial obligations can have on individuals and seeks to provide them with a fresh start.

While society's obligation to support those in need is crucial, it is equally important to ensure that no one is unfairly burdened by endless financial responsibilities. A well-balanced approach, taking into account the circumstances of both parties, can help achieve a just and equitable resolution in divorce cases, allowing each individual to rebuild their lives with a sense of security and independence.

Duration of Spousal Support Awards for Disabled Spouses

There has been reluctance from judges to order indefinite spousal support awards for disabled spouses in medium length marriages (6 to 19 years). However, cases where the receiving spouse is suffering from an ongoing disability typically result in longer-term spousal support awards than what is generally awarded to receiving spouses who have decent employment prospects.  

The spousal support awards for disabled spouses are generally around the length of the marriage. This is the top end of the range for duration contemplated by the Spousal Support Advisory Guidelines for medium length marriages.

Flexibility and Changes in Spousal Support Orders

Like all spousal support orders, orders for disabled spouses can be varied if circumstances later change.  For example, if the receiving spouse recovers and is able to return to his or her occupation or some other form of employment then support can be varied or terminated depending on all of the other circumstances. The support award could also be varied if the receiving spouse begins receiving CPP disability or other disability benefits.

“Restructuring" Spousal Support for Disabled Spouses

In some disability cases, what is called “restructuring” can be applied.  Essentially this where the quantum of spousal support is reduced but paid for a longer duration. The benefit with this approach is that in certain situations it can guarantee the receiving spouse some income until they can access CPP, a private pension, or Old Age Security at 65. Adopting the restructuring model, not only eases the financial burden on the paying spouse but also empowers the disabled spouse to transition towards financial independence gradually.

It is important to note that restructuring spousal support is not applicable in all cases and should be carefully considered in the context of each unique situation. Consulting with a qualified family law attorney is crucial to determine the feasibility and appropriateness of this approach based on the specific circumstances of the disabled spouse and the paying spouse.

Spousal support is one of the most complex aspects of a divorce or common law separation.  The quantum and duration of the award depend heavily on the specific facts of each case.  Whether you are the payor or payee, it is recommended that you discuss your case with a lawyer. The Divorce and Family Law Lawyers at Lenehan Musgrave LLP are experienced in spousal support applications. Please contact us or 902-466-2200 to schedule an initial consultation.

Our Artwork

You may have noticed that our lawyer profile pictures feature artwork in the background. At Lenehan Musgrave we are proud to celebrate and support local talent and all 23 paintings contained within our office are original pieces by Nova Scotian artists. In particular, we have works from such artists as Jeremy Vaughan, Leya Evelyn, Kelly Mitchelmore, Jim Darley, Sarah Conklin, Lynda Shalagan, and Louise Baker, among others.

We are always pleased to show clients, friends and family our collection of art and welcome the opportunity to discuss our artwork and our desire to support local artists and entrepreneurs. Our commitment to showcasing the paintings is reflected in the careful placements selected by our interior designer, Carey Morris, and in the lighting specifically designed to highlight the artwork done by Steven Meiklejohn of Halifax Lighting Solutions.

Lenehan Musgrave Now Offers Limited Legal Services

Lenehan Musgrave is now offering limited legal services in addition to our traditional full service. Our team at Lenehan Musgrave has been working hard to create opportunities for all clients to access family law services with prices and options that best suit their needs.

 We are pleased to offer the first of a number of services we are developing, that will be offered for a set price, inclusive of fees, disbursements and HST.

Our first set price service is an Application for Child Support, when parenting is not an issue for the all-inclusive price of $747.50.

 We understand that parents are often capable of starting the Application for Child Support on their own, but want to ensure that their documentation is completed properly, and wish to avoid the long wait for appointments with an intake worker at the Supreme Court (Family Division).

In addition, we recognize that some clients also want to be able to do specific tasks on their own, and may require assistance from lawyers on a limited basis only. At Lenehan Musgrave we are pleased to offer limited retainer services that are tailored to you.

In tailoring a retainer to you, we discuss your needs, what services you require to ensure your needs in the process are met, and we then arrive at a fee for those services. This allows the client to determine exactly the services they need and the level of involvement they want from their lawyer, while ensuring the same quality of representation as hiring a lawyer to deal with all matters.

Should you have any questions in regards to our services, please contact us at 902-466-2200 or reception@lenehanmusgravelaw.ca to see what ways we can assist you in determining what services best suit to your needs.

Our Open House was a Big Success!

We would like to thank everybody who joined us in making our open house a great success! On Thursday, June 16 we opened our doors and welcomed friends, family and members of the legal community to tour our new office space and meet the members of our growing team here at Lenehan Musgrave LLP.

We enjoyed a wonderful evening of networking and great food provided by local catering company “Kitchen Door Catering”. Again, we would like to extend our sincerest gratitude to all who were in attendance, and we look forward to working with you in the future.

Please enjoy some photographs of our event taken by local photographer, Judith Morris, below!

$70,000.00 Cost Award!

Lenehan Musgrave LLP is pleased to report that a client of the firm has received a $70,000.00 cost award. Cost awards are ordered to contribute to the successful party’s legal fees and disbursements.  Costs are in the discretion of the Court, but a successful party is generally entitled to a cost award.

Trial lawyers Diana Musgrave and Daniel Wood achieved a successful result for their client after an eight day trial, which was heard in May, June and August of 2015.  Justice Jollimore of the Supreme Court (Family Division) considered the complex nature of the case when deciding that a $70,000.00 award would do justice between the parties.

The trial decision is linked below:

https://www.canlii.org/en/ns/nssc/doc/2016/2016nssc74/2016nssc74.pdf

Lenehan Musgrave LLP Welcomes Sally Faught to our Family Law team

Lenehan Musgrave LLP is thrilled to welcome Sally Faught as Senior Counsel  to our growing team.

Sally has been practicing family law locally for over 30 years and has been a part of the evolution of family law in the Province. She has served on various panels and boards with judges and senior lawyers in Nova Scotia to establish policies and programs that have enhanced the practice and accessibility of family law in Nova Scotia, including the Parenting Information Program.

To learn more about Sally, please view her team profile.

Lenehan Musgrave LLP - Our New Office!

We are excited to announce the relocation and expansion of our law firm to:

101-67 King’s Wharf Place, Dartmouth, Nova Scotia B2Y 0C6

As our clients know, Lenehan Musgrave LLP provides individuals of the Halifax Regional Municipality and surrounding areas with quality, personalized legal representation in all areas of family law.

We are a service oriented law firm committed to excellence. Our commitment to our clients inspired us to transform 3142 square feet of raw space into a tailor made family law firm, specifically designed by the lawyers of Lenehan Musgrave LLP along with local stylist Carey Morris and two local intern architects to maintain and expand our capabilities and expertise to better serve our clients.

Through upgrading technologies, creating large open areas for administrative staff to work effectively and efficiently, and the addition of associate lawyers Tandiwe Nyajeka and Daniel Wood, Lenehan Musgrave LLP looks forward to continuing to serve individuals throughout the Halifax, Dartmouth, Bedford, Sackville and all of Nova Scotia with exceptional legal services. 

In addition to our long standing service in family law, associate lawyer Daniel Wood is pleased to announce that he has expanded his practice to offer services in injury and insurance law. Daniel’s focus is on allowing his clients to concentrate on rehabilitation while he works on their behalf to get them the compensation they are entitled to. Stay tuned for a future blog post regarding Daniel’s personal injury practice.