Mortgage Payments Acting as Child Support
It was recently ruled in the Court of King’s Bench of Alberta case GCG v GLG, 2021 ABQB 36, that full mortgage payments made by a parent for a matrimonial home in which the ex-partner was living in and […]
Family Law
“Spoofing” or Falsified Electronic Evidence before the Court
Take it from the Respondent in Lenihan v Shankar 2021 ONSC 330, Ms. Indira Shankar – it just isn’t worth the risk to falsify electronic evidence in court. Especially when the real electronic record shows you to be alienating […]
4 New Family Law Cases Considered by the Supreme Court of Canada
It is not often that the Supreme Court of Canada considers a family law case, which is why it has been surprising to see not one, but four family law cases currently under consideration in the nation’s highest court. The […]
Financial Disclosure is Vital to Child Support Calculations
In Canada, child support is determined by looking at both parties’ total income for the year, so it is crucial to have an accurate accounting of what each person makes. Occasionally, self-employed individuals will attempt to obscure their total income […]
How Young is Too Young for Shared Parenting?
While “shared parenting” sounds like it refers to a 50/50 split in parenting time, it is actually any parenting arrangement where neither party has the child or children for less than 40% of the time (i.e., a 40/60 split is […]
Jail Time for Nova Scotia Father Who Owes More Than $250,000 in Child Support
Nova Scotia father Joseph Power was recently sentenced to four and a half years in prison for violating court orders regarding child support. Power owes at least $250,000 in child support to his ex-wife Angela Power.
Nova Scotia Supreme Court Justice […]
Limitation Periods and Spousal Support in Alberta
The Limitations Act, RSA 2000, c L-12 bars claimants from seeking a civil remedial order after two years on the date on which the claimant knew of the injury or ought to have known (or ten years after the claim […]
Hyphenating a Child’s Name Post-Separation
Co-parents face a multitude of issues upon separation. In some instance, this includes hyphenating a child’s last name to represent both sides of the family. When this issue is disputed, the court is tasked with deciding whether the change in […]
Knowing What to Expect in Family Court for Parenting Matters
This past year in Calgary, the Alberta Court of King’s Bench enacted a new procedure for family law court called Family Docket Court. It is important for litigants to know that this is generally the first step now to get […]
Scope of Appeal for Arbitration Awards
Under the recent amendments to the Divorce Act, parties to a Divorce are obligated to try and resolve matters through a family dispute resolution process before going to court. One option for family dispute resolution is arbitration. An Arbitrator has […]