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 […]
Emergency Protection Orders (“EPO”) have recently come under scrutiny, while the legislative scheme initially set out for EPO’s to be used as a shield to protect individuals from family violence, it has instead been used as a sword […]
It goes without saying that pets are increasingly viewed as members of the family and people develop strong bonds with their animals. Despite the role a pet may play, the law in Canada is clear – pets must be treated […]
In a recent 2021 end of year case from the Court of King’s Bench of Alberta, Hatt v Heather, the father sought a retroactive and ongoing reduction to child support payments being made, both section 3 and […]
What happens to a family property claim following the death of one of the spouses?
Pursuant the Family Property Act, RSA 2000, c F-4.7, an application for a family property order can be made in various circumstances, including […]
A recent case at the Alberta Court of King’s Bench, P. v. K., 2021 ABQB 900 (“P. v. K.”), continues in a line of case law directing the Courts to examine each individual circumstance to make that determination.
The well-tread […]