Ontario Justice Creates New Tort of Family Violence Claimable Under the Divorce Act
In a recent decision arising out of the Ontario Superior Court of Justice, the trial judge, Justice Mandhane created a new tort of family violence.
The parties in Ahluwalia v Ahluwalia, 2022 ONSC 1303 were married in November 1999 and separated […]
Considerations for Trusts for Minor Children
In the recent decision of Gall Estate v Turpin, 2022 ABQB 25, a deceased mother left her entire estate to her son in trust until he turned 25. The deceased mother and the child’s surviving father had […]
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 […]
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 […]
Requirements of a Valid Formal Will and Validating a Non-Compliant Will
The requirements of a valid formal will are set out at sections 14 and 15 of the Wills and Succession Act, SA 2010, c W-12.2:
Requirements of a valid will
14 To be valid, a […]
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 […]
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