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 […]
Division of Corporate Assets Upon Separation
What happens when a couple is trying to divide their assets after separation and matrimonial property is tied up in a corporation?
It often happens in separation that one, or both, people’s assets are tied up in a corporation and are […]
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, […]
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