When Should a Child Have a Lawyer?
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 […]
Family Law
Can You Be Awarded Damages in Family Law?
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 […]
Yet Another Consequence for Lacking Financial Disclosure
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
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 […]
Animals and Divorce: Animal Interest to be Considered in Divorce Under New Spanish Law
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 […]
How Much of a Decrease in Income Qualifies for Paying Less Support?
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 […]
Family Property Claims Following the Death of a Spouse
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 […]
Does Mental Illness Affect Child Support for an Adult Child?
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 […]
Court of King’s Bench Sheds Light on COVID-19 Vaccine for Children
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 […]
Religious Divorce and the Authority of the Courts
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 […]