Efficiently resolving family property disputes: A case study on the Land (Spouse Protection) Act

How Meridian Law Group set precedent in rare spousal lien dispute

Efficiently resolving family property disputes: A case study on the Land (Spouse Protection) Act
Paul Harden, Principal of Meridian Law Group

This article was produced in partnership with Meridian Law Group.

Reaching 6’ 2” in grade 6, you might say Paul Harden was born into advocacy. From what he calls “alternative dispute resolution” on the schoolyard, to post-undergraduate work with Canada's largest NGO – advocating on behalf of under-resourced communities around the world - his passion for advocacy naturally led him to law, where he now serves as a Principal of Meridian Law Group.

"Advocacy is one of my core principles.  As a lawyer, I can advocate for my clients in a meaningful way," Harden says, adding that he began his career representing injured individuals, working for those who were often facing the most difficult challenges in their life. Today, Harden brings this same commitment to all his clients, whether in the context of estate litigation, property disputes, or commercial litigation matters.

Meridian Law Group, located across the street from the Vancouver Courthouse, is a full-service litigation boutique known for its agility and availability for various disputes.

"We've built a system of practice that we're quite proud of. Our commitment to precision and prompt service is critical to how we operate," Harden explains.

Property disputes are on the rise in British Columbia, and Meridian Law Group is handling high-conflict disputes involving partition of property matters, estate-related incapacity proceedings, family law disputes, and "handshake deals gone wrong." Many families and businesses are forced into urgent litigation due to a lack of advance planning.

"You'd be surprised how many co-owners in B.C. find themselves stuck in untenable financial arrangements.  This is a particularly acute issue in the context of a softening real estate market and significant macroeconomic uncertainty generally," Harden notes.

Sudlow v. Whitty: The facts of the case

In Family Law disputes, division of property routinely falls under the Family Law Act. In a recent case, however, the opposing party invoked a rarely used lien on the family home, pursuant to the Land Spouse Protection Act, requiring the team at Meridian Law Group to act — setting an important precedent in the province.

Ms. Sudlow, responsible for the mortgage and care of her son, faced significant financial stress when her former partner registered a spousal lien against the property as she was preparing to sell.

The situation was unique, Harden notes, because of the lack of prior case law dealing with the definition of “unreasonableness” under the Act. For the firm, the lack of precedent was both a challenge and an exciting opportunity.

Responsiveness, collaboration, flexibility: Meridian's litigation advantage

Meridian Law Group’s, Daniele Zerbo, worked with both the family and estate lawyers to urgently put together an application to court, exemplifying how the firm’s three pillars — responsiveness, collaboration, and flexibility — give Meridian Law Group’s clients an edge.

“This matter was a perfect example of why our model works,” Harden explains, adding that the firm is structured without siloes or hierarchy, built for rapid and robust strategic moves, even in the context of complex matters.

“In Sudlow, we had lawyers across practice areas strategizing together within a day. Our articled student and librarian helped pull historical case law. Within 72 hours, the application was drafted and filed. That kind of coordinated litigation response is rare — but it’s the only way to meet urgent client needs.”

That agility and skill also impressed the court, with the presiding judge praising the clarity and organization of the materials. Immediately setting aside the charge to allow the sale to proceed, the court reserved judgment to publish a formal ruling due to the significance of interpreting the rarely used statute. The decision concluded that Witty’s refusal to consent to removal of the lien was unreasonable, and Harden notes that Meridian’s framing of the dispute — prioritizing the best interests of the child and the petitioner’s financial reality, while providing a clear path forward — helped the court focus on what was truly at stake, instead of dismissing it as a simple asset division.

“If we had traditional firm barriers between departments, we would not have been able to respond on the short timeline,” Harden says. “We successfully set aside the lien, preserved the property sale, and brought clarity to what constitutes ‘unreasonable withholding’ under the Land (Spouse Protection) Act.”

For Harden, this case illustrates how the practice of law today isn’t about broad strokes — it’s about precision, speed, and strategy.

“You’ve got to keep the big picture in mind as you drill down into the finer details,” he says. “Your materials must be excellent, with argument and law in support of your position on every point — if you’re organized from day one, you’re already halfway ready for court.”