Biological Father Loses Application to Revoke Adoption of his 3 Year Old Son
In Re A. (Adoption) 2024 ABCA 203, a biological mother gave her child up for adoption without providing the adoption agency demographic information about the child’s biological father. The father ultimately attempted to undo the adoption, and lost.
Termination for Cause Upheld After Employee Refuses to Comply with Return to Work Substance Abuse Program
Can I be fired if I refuse to follow a workplace substance abuse program? Learn more as we review the recent case Quong v. Lafarge Canada Inc. 2024 ABQB 340
Consistent Cohabitation Reaffirmed as Foundational Requirement for “AIP” status
In Abbott v Mamdani 2024 ABKB 342 a couple had all the furnishings of being “common law”, or AIPs, except their living arrangements. Learn more about the parameters of meeting AIP status in this interesting blog post.
No material change in circumstance for incarcerated father
If you go to jail do you still have to pay child support? In this interesting blog post we will review a recent decision out of the Lethbridge jurisdiction where a payor father sought to reduce his child support on the basis that he was incarcerated.
How to cut costs when you’re separating
“As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” ~ Abraham Lincoln
In this blog post we will discuss some theoretical principals behind cost cutting in your separation or divorce.
Faxing on a Saturday: Justice Jones dismisses file under Rule 4.33 (long delay) and suggest service of affidavit of records is a meaningful litigation step
In this interesting decision, Justice Jones notes that an affidavit of records would have been deemed a significant litigation step which might have saved a file from dismissal under Rule 4.33 of the Alberta rules of court.
Strawson v. Strawson 2024 ABCA 126— The difficulties of appealing a binding JDR
If you are considering a binding JDR to deal with your matter, it is important to understand the limitations on appealing. Find out more in this interesting post.
Set Aside Rules Pro Tip: Admit if you’re out of town Anderson v. Novhaus Inc. 2024 ABKB 95
In Anderson v. Novhaus, the builder of seacan homes failed to deliver the product after being paid. When they didn’t show up to court, the Justice ordered summary judgment. The company then tried to have the judgment set aside. The court discussed there rules for set aside applications and made clear that if you’re out of town, you should provide that info to the other side.
Alberta Court of Appeal provides clarification on enhanced costs
In a decision rendered a few weeks ago, the Court of Appeal gave some important clarification on the law related to enhanced costs.
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.