The Family Property Act, RSA 2000, c F4.7 (FPA) governs the distribution of property in the event of a separation/ divorce or the breakdown of an adult interdependent relationship.
Although property acquired outside the marriage/ relationship is exempt from sharing, there […]
Lawyers, clients, and self-represented litigants across the province continue to face delays in the Alberta court system following the pandemic. It appeared like the courthouse was buckling under the weight of too many files without enough resources prior to COVID-19. […]
The Alberta Court of Appeal recently released a decision addressing the interpretation of section 5(2) of the Alberta Adult Interdependent Relationships Act (AIRA). Mitchell v Reykdal, 2022 ABCA 105, concerned an individual that was both married and involved in […]
In 2020, there were over 16,000 registered pension plans in Canada, who had over 6.5 million active members. In 2019, about 37% of all paid workers in Canada were covered by a registered pension plan. Given their prevalence, […]
What is Parenting Coordination?
Parenting Coordination is a form of alternative dispute resolution that assists co-parents in resolving conflicts on an ongoing basis. In Alberta, Parenting Coordination is a voluntary process requiring the consent of both parties to engage in the […]
Relocation cases are some of the most difficult cases to litigate due to the “all or nothing” nature of the outcome. The Court must determine whether the child will stay or go, a decision which will profoundly impact […]
In a recent decision arising out of the Ontario Superior Court of Justice, the trial judge, Justice Mandhane created a new tort of family violence.
The parties in Ahluwalia v Ahluwalia, 2022 ONSC 1303 were married in November 1999 and separated […]
A recent application saw the court well outline the factors to be considered when assessing the need for a lawyer for the child. Is the child’s age and maturity such that their view should be heard with the […]
There are times when the conduct of an ex-partner or spouse may be so egregious that simply receiving a divorce or support payments is not enough to rectify the damage done. This type of situation was contemplated in Alberta recently […]
A cost award from the Court of King’s Bench of Alberta in 2021 serves as a reminder to some of the consequences that can stem from failures relating to financial disclosure obligations. In Foley v Leavitt, there […]