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 […]
Many faiths require that spouses obtain more than just a legal divorce, but a religious divorce as well. Spouses who practice Judaism, Islam, Catholicism and other religions may find that they require a religious divorce or annulment to […]
Recently, a case from the Ontario Court of Appeal addressed if one can make a claim against a payor for retroactive child support, against the estate of that payor if they have deceased. In this case, Blacklock […]
In the recent ABQB decision, DCE v DE, 2021 ABQB 909, Justice K.S. Feth cast light on the factors the court should consider when appointing independent legal counsel for under-aged children.
In this contested litigation the father applied to the […]
In 1994, the Honourable Mr. Justice Fraser of the Supreme Court of British Columbia wrote what is now an almost-famous phrase in family law: “Non‑disclosure of assets is the cancer of matrimonial property litigation.” This phrase […]
Amendments to the Divorce Act has now been in effect for over a year and there remains much to be interpreted by the Courts. One of the most significant changes that came into effect with the amendments was […]
Solicitor-client costs are a rare remedy in litigation. They are, in essence, a financial punishment for egregious conduct on the part of one of the parties that can be described as “reprehensible, scandalous or outrageous” (Walsh v Mobil Oil […]
Many people enter marriage without a full understanding of the rights and responsibilities it affords. One of the little-discussed rights that comes along with marriage, at least for people residing in Alberta, are dower rights.
Not to be confused […]