Advocacy in Family Law Cases

Reported Decisions - Alberta and B.C.

 

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Reported Decisions

At Crossroads Law, we're dedicated to helping our clients successfully navigate the complexities of the family law system. Below, you'll find a list of just a few highlighted reported decisions (judicial rulings) that have not only favoured our clients but have also been formally published as legal precedents. These rulings serve a dual purpose: they validate the calibre and expertise of our legal representation while also making meaningful contributions to the advancement of family law. We invite you to explore these cases for a comprehensive understanding of the exceptional legal advocacy you can expect when choosing Crossroads Law. 

Nott v Nott, 2020 BCSC 19622020

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully defended the respondent husband who had separated from his wife in 2011 and had a consent order in place since 2013. The claimant wife tried to overturn this order, claiming that her husband had lied about his income. The court found that the husband had not misrepresented his financial situation, especially as the wife had been his sole bookkeeper for nearly two decades. The wife's application to set aside the existing consent order was dismissed, maintaining the original terms.

Alanen v Elliott, 2019 ABCA 4852019

Counsel of Record: Marcus M. Sixta & Amanda Marsden

Case Summary: In this high-conflict divorce case, Marcus Sixta and Amanda Marsden were successful in having the respondent father found in contempt of court for breaching a court order and to pay costs to our client in the amount of $10,000. Despite a clear court order directing him to stop contacting the wife's professional advisors, the husband emailed her lawyer. His subsequent appeal was dismissed, reinforcing that he had knowingly violated the court's orders.

Alanen v Elliott, 2019 ABCA 2902019

Counsel of Record: Marcus M. Sixta

Case Summary: Marcus Sixta successfully defended the respondent wife in this case where the husband sought to overturn an interim costs award made in arbitration. The court declined to set aside the award, affirming that the husband had failed to provide sufficient evidence for an appeal. The court also noted that the issue was one of costs and would not impact the ongoing litigation, dismissing the applicant's case and leaving the interim costs award in favor of the respondent intact.

Brien v Brien, 2019 BCSC 3312019

Counsel of Record: Marcus M. Sixta

Case Summary: In this complex case involving multiple companies and family assets, the claimant wife, represented by Marcus Sixta, successfully secured an equal division of family assets. Guided by the BC Family Relations Act, the court ordered that the net proceeds from the sale of one of the companies. and its affiliates, along with the family home, be equally divided between the parties. The court also mandated various financial adjustments to ensure a fair distribution, obligating the husband to cover a portion of the wife's legal fees related to the family law proceedings.

Stewart v Bosacki, 2023 BCCA 263 2017

Counsel of Record: Matthew Katsionis

Case Summary: Matthew Katsionis successfully represented the respondent husband in this complex family law dispute. The applicant wife sought multiple orders, including fines and back payments for child support. The husband managed to delay the hearing to properly prepare his case, although he was ordered to pay $10,000 for the delays. An attempt to appeal this fee was not successful, but it was a minor issue given the larger context and ongoing legal battle.

MLJ v SFJL, 2017 ABQB 1942017

Counsel of Record: Amanda Marsden 

Conflict of Laws: Family law — Children — Custody
Child removed from jurisdiction by spouse or spouse refusing to return child — Habitual residence

Case Summary: Amanda Marsden successfully represented the mother in this case involving international child custody. The court ruled that the child, who was taken to Canada by the father, was wrongfully retained and should be immediately returned to France. The father failed to prove that the mother had deceived him into moving to France with the intent of ending their relationship. The decision reinforced that both parents had originally mutually agreed to make France their habitual residence, affirming the mother's rightful custody.