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 […]
A recent decision from Lethbridge is shedding light on issues surrounding the COVID-19 vaccination for children. In TRB v KWPB 2021 ABQB 997, the Honourable Justice J.C. Kubik (“Justice Kubik”) was tasked with deciding whether the COVID-19 vaccine was […]