Loss of Housekeeping Capacity when the Injured Party is a Homemaker
When you are injured and bring a claim for damages against the individual who injured you, one of the heads of damage you can claim is Loss of Housekeeping Capacity.
The purpose of this head of damages is to compensate the […]
Imputation of Income to a Spouse with a Disability
When individuals are going through a divorce, if a spouse is found to be underemployed, income may be assigned or “imputed” to them for the purposes of determining how much support is payable.
This raises a novel question, what happens when […]
How Do Courts Value the “Goodwill” of Businesses in Alberta in Family Property Division?
Consider this fact scenario – you own a dental practice and are getting a divorce. The dental practice, if acquired during the relationship, is subject to family property distribution.
The Fair Market Value of the business for purposes of property distribution […]
What Factors Will a Court Consider When Determining the Division of the Increase in Value of Exempt Property?
In a divorce some assets are exempt from family property distribution, including assets brought into the relationship. The increase in value of said assets, however, such as a home you had prior to marriage that increased in value due to […]
How Will a Book of Business be Treated in Divorce?
When you and your ex-spouse decide to divorce, family property will be divided pursuant to the Family Property Act, Alberta. If you or your ex have a “book of business” or “book of clients”, you may wonder what the courts […]
The Hague Convention and the Process for the Return of a Child
What do you do if your partner absconds from the country and takes your child with them; or, alternatively, you return to Canada from international travel with your children and your partner thinks that the children should have remained abroad?
At […]