Will My Case be Dismissed for Delay?
Where litigation is stagnant for 3 or more years, a court will dismiss the case pursuant to rule 4.33 of the Alberta Rules of Court:
If 3 or more years have passed without a significant advance in an action, […]
Family Law
Grandparent RESP Contributions in a Divorce
Generous grandparents may wish to set up a Registered Education Savings Plan (RESP) for their grandchildren’s education. What happens to these contributions in a divorce?
Some parents may hope that their parents’, i.e., grandparents’, contributions will be perceived as their personal […]
Changing the Name of a Child When a Guardian Does Not Consent
In many circumstances, as the dynamics of a family change over time, it may be that a parent wishes to change the last name of a child. In Alberta, Vital Statistics is the regulating body that grants or […]
Retroactive Spousal Support and Tax Implications
Child support is paid in “after-tax” dollars – the payor is not entitled to deduct, and the recipient should not be claiming, these payments on their income tax return. Spousal support, however, is tax deductible to the payor, […]
What Happens to an Exempt Asset That Depreciates in Value?
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 […]
Family Dispute Resolution Processes Encouraged by Court
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. […]
Multiple Simultaneous Relationships – Who Is Entitled to Partner Support?
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 […]
Pension Issues Upon Relationship Breakdown
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, […]
Parenting Coordination: Is it Right for You?
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 […]
Opinion: Relocation and Onerous Parenting Provisions
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 […]