Morgan v. Spallumcheen (Township of), 2022 BCSC 752 Awarded $360,000

Chris Hart acted as lead counsel for the Plaintiff, Brent Morgan, in a trial against the Township of Spallumcheen (“Spallumcheen”) for compensation arising from Spallumcheen’s without-notice tax sale of his property. Mr. Morgan claimed that he should be awarded damages equal to the fair market value of the property as of the date of trial, while Spallumcheen argued that Mr. Morgan should be awarded damages equal to the fair market value of the property as of the date of his property’s conveyance after the tax sale, where the difference in the contested figures was $190,000.00. The Supreme Court agreed with Mr. Morgan’s arguments, and awarded him approximately $360,000.00, which represented the fair market value of the property as of the date of trial.

Considering Adoption?

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Adoption is the process of changing a person’s legal parentage and can come up in many ways, including:  adoption through a licensed agency, adoption of children in care, private adoptions, and step-parent adoptions.   Each type of adoption has it’s own process, but all require the final approval of the court to become official.   If properly done most adoptions will be a matter of correctly filing the necessary paperwork and will not require an appearance in court.   Our lawyers are familiar with the rules and regulations around adoption and the local court practices and can help make this final step as fast and easy as possible.   In those rare cases where advocacy in court is required our lawyers have extensive experience in appearing at all levels of our court system.

Many couples go through the adoption process with a licensed adoption agency that can help place infants from parents in British Columbia and sometimes from oversees in new families.   Others take in children who were permanently removed from their parents care by the Ministry of Child and Family Development because their home was unsafe.   Other people want to adopt the child of a relative, which is called a private adoption.  In all cases the process can be as long and daunting as it is rewarding.

Our lawyers help parents understand the process and help them complete it as seamlessly as possible.

Consent of Child and Biological Parents during Adoption

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Are you considering adopting a step-child, or the child of a friend or family member?

Before you do so you should know that adopting a child removes all rights and responsibilities from the original parent and gives them to you.   Depending on your situation there may be options short of adoption that would give you the legal standing you need without entirely removing the parents from the picture.

If you want to proceed with adoption you will need the consent of the child’s parents and guardians, as well as the support of the child.   Depending on the child’s age this may come in the form of a simple affidavit or could be the report of a social worker who meets with the child to talk about adoption.   If you cannot find a parent to obtain consent there are options to ask the court to dispense with that consent.

Our experienced lawyers can help you discuss your options, gather the necessary forms and consents, and guide you through the process.

Understanding Rights & Responsibilities of Adoption

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Do you have a stepchild?   Are you the main caregiver for a child you are not legally the parent of?   Are you considering adoption?

Adoption can be an excellent way to recognize that you are a child’s parent and always will be.   An adoption also gives you all the rights of a parent.   On the other hand an adoption comes with all the responsibilities of a parent.   This can mean child support obligations, and requirements to provide for that child in your will.

Adoptions also cancel the rights and responsibilities of the original parent.  That can have an impact on the rights of your child to support and inheritances from their original parents.   When you adopt a child you should consider all these issues and make sure you understand before you proceed.

Our experienced lawyers can meet with you for a consultation to discuss how adoptions are done, what is required, what the costs are, and how it will impact your rights and responsibilities, the child’s rights, and the rights and responsibilities of the original parents.

Considering Adoption?

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If you’ve worked with an adoption agency you know the process of adoption can be long, expensive, and complicated. What you may not know is that to finalize an adoption you need to Petition the Supreme Court of British Columbia for an order making you the official parents of your new child. Although this process is just a matter of filing the necessary paperwork, it is a step that can be very confusing, expensive and time consuming unless you have experience dealing with the courts.

You already have your hands full with your new family, let our lawyers take care of the rest. Our lawyers will work with you, the adoption agency, and the courts to help you finalize your adoption.

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