Arbitration is one of several alternative dispute resolution methods available to families and couples looking to resolve disputes while avoiding traditional litigation in court. Given that the federal Divorce Act now places an onus on family law parties and their counsel to consider alternative options to court whenever possible, more and more people are turning… Continue reading Can I Appeal a Family Arbitration Award?
Category: Appeals
ABCA Finds Judge Erred in Questioning Father’s Mental Fitness
When deciding on parenting issues such as the allocation of time a child spends with each parent, and who is permitted to make decisions regarding the child’s upbringing, the primary consideration for any court is the best interests of the child. As a general rule, it is assumed it’s in a child’s best interests to… Continue reading ABCA Finds Judge Erred in Questioning Father’s Mental Fitness
Changes to the Standard of Review in Appealing Arbitrations
In a recent decision from the Supreme Court of Canada, titled Canada (Minister of Citizenship and Immigration) v. Vavilov (“Vavilov“), the rules regarding appeals of arbitration awards was significantly overhauled. In the past, decisions of arbitrators that were brought before the courts for an appeal on a question of law could only be considered on… Continue reading Changes to the Standard of Review in Appealing Arbitrations
Ex Parte Apprehensions of Children
It is an unfortunate reality that in our society there are times when it becomes necessary for government agencies to intervene with families and, for their protection, remove children from the custody of their parents. In Alberta, such intervention is governed by through the Child Youth & Family Enhancement Act (the “CYFEA”). Under section 19 of this… Continue reading Ex Parte Apprehensions of Children
Of Appeals and Arbitrations
In a recent case released by the Alberta Court of Appeal, Justice O’Ferrall added some clarity to questions surrounding the continuing jurisdiction of the Arbitration Act, RSA 2000, c A-43 once the Court of Queen’s Bench has confirmed an Arbitration Award in the form of an Order of the Court. In Anand v Anand, 2018 ABCA… Continue reading Of Appeals and Arbitrations