Division of family home where children have been added to title
In this blog post we will discuss a Dad who added his daughter, and his son-in-law to the title of the house. The daughter moved in with her husband and two children. Sometime after, the daughter sought an EPO against her Dad which forced him to move out of the home. When the Dad successfully applied to have their home sold, the issue of how to divide the proceeds was put before the court.
Truck driver wrongfully terminated, employee handbook non-binding
In this post we discuss a November 2023 decision from King’s Bench which dealt with a recycling truck driver who was injured on the job. In attempting to return to work, the employer argued that the truck driver had resigned or abandoned his position. To support its position the employer relied on clauses in an employee handbook.
Chief Justice reigns in unruly self-rep who tells court staff to “go f*ck yourselves”
In this blog post we will discuss a recent case where a self-represented litigant told court staff to “go f*ck themselves” and made death threats to staff using four separate email addresses.
Justice revokes EPO based on passage of time and physical separation
In this blog post, we will review a decision from Justice Malik to revoke an EPO that was granted after a boyfriend held a knife to his girlfriend’s throat. We will discuss the legal test for EPOs and the options a court has in reviewing these orders.
KB Justice refuses to order father to pay hefty tennis bill and European field trip
Should a parent be required to contribute to expensive sporting fees when a child shows great potential and has played the sport their whole life? What about school field trips to overseas countries? In this blog post we will discuss a recent decision from Justice Lema and the requirement to consult with the other parent prior to incurring an expense.
Alberta recognizes the tort of harassment
There’s a new Alberta tort on the block! In this blog post we will discuss the tort of harassment.
Immunity for Witnesses in Quasi-judicial hearings
In this blog post we will explore a recent decision involving two family lawyers, a law society complaint and a subsequent King’s Bench action.
Jurisdiction and considerations for “return-child” interim mobility decisions
In this post we will discuss jurisdiction when one parent removes a child from their habitual residence without following the rules. We will also go over the things a court will consider in making an order for the child to return to their habitual residence, in the interim of having a full blown mobility hearing.
SR v MR 2023 ABKB 464 - Guardianship, parent absenteeism, sexual assault and best interests of the child
Should guardianship be granted in cases where the parent has not been actively part of a child’s life, since the child was born? What about if the child was conceived as a result of sexual assault?
Child support obligations for international families: how much should be paid when the recipient of support lives outside of Canada, in a country with a lower cost of living?
Should support payments be reduced where the recipient (and children) reside outside of Canada in a country with a lower cost of living? Check out this interesting blog post which reviews a recent decision from the Honourable Justice Kachur.
Rules for appealing an arbitration award
In this blog post we will review a 2022/2023 King’s Bench case, and the gatekeeping function the court performs when granting leave to appeal arbitration awards.
Liability in Construction Contracts - Part 2
In this post we discuss again the difference between piercing the corporate veil to find liability of a director and finding a corporate and a director concurrently liable for a wrongdoing.
More Money, More Child Support: Court refuses to put cap on payor father’s income
In this blog post we will discuss a recent Ontario decision, Lantz v. Lantz 2023 ONSC 4220, where the payor father sought to reduce his child support obligations when he discovered that he made 50% more than what was set out in his child support order.
Jury trials and complicated legal issues
Looking for a jury trial? Justice clarifies that matters must be limited and uncomplicated.
Retirement vs. child support - Court finds that 68 year old man with health conditions should have a part time job for the purpose of supporting children
When is it appropriate to retire when you have child support obligations? In this blog post we will discuss a 2023 decision where the court imputed income to a 68 year old man who retired after being terminated and suffering from blood clots in his lungs.
Liability in Construction Contracts - Parks v. McAvoy
In this blog post we will explore at 2023 Alberta Court of Appeal decision, Parks v. McAvory and the parameters of personal liability of business owners.