Appointing a Litigation Representative for an Estate
The Alberta Rules of Court, Alta Reg 124/2010 instruct that an estate for which no personal representative has obtained a grant under the Surrogate Rules, Alta Reg 130/95, and that has an interest in a claim, […]
Where Do I Get an Injury Claim Form?
After experiencing a motor vehicle accident (“MVA”), most Albertans just want to move forward as soon as possible. Specifically, people who are injured in an MVA are keen to recover from any injuries and get back to work as soon […]
How Do Alberta Courts View One Parent Unilaterally Relocating and Taking Their Children With Them?
It happens occasionally with separated couples; one parent decides to move away from the city they currently reside in and do not inform the other parent. There is no issue with the parent relocating but parenting may become an issue. […]
Family Maintenance and Support: Balancing Testamentary Intentions with Legal and Moral Obligations
In the recent decision of Campbell v Ensminger, 2022 ABQB 330, the Honourable Justice D.K. Miller of the Alberta Court of King’s Bench attempts to balance a father’s testamentary intentions with his legal and moral obligations to […]
A New Look at Settlement Privilege in Canadian Family Law
Mediations are exceedingly common in family law and only continue to become more so. The goal of mediation is to have an impartial 3rd party present to assist and encourage the parties to discuss issues openly for the purposes of […]
Estate Litigation and Solicitor-Client Costs
In the recent decision of Fech v Lewington, 2022 ABCA 154, the Alberta Court of Appeal provided a useful summary of the law on solicitor-client costs in estate litigation matters.
In Fech, the appellants sought to overturn the decision […]