In a recent article published by the Lawyer’s Daily, the issues of Family Trusts was addressed in relation to their significance in the face of divorce or separation by parties relevant to the Trust. As the authors acknowledge in their article, while trusts are typically complex entities, they become even more complicated in circumstances where… Continue reading Trusts and Family Law
Category: Blog
Reproductive Assistance and Contract Law (or, who gets the embryo?)
In a unique decision out of the Ontario Superior Court of Justice, the parties to the matter were a divorced couple who disagreed about the use of frozen embryo that had been cultured prior to their separation. In S.H. v. D.H., 2018 ONSC 4506 the parties had contracted with a medical provider in the United… Continue reading Reproductive Assistance and Contract Law (or, who gets the embryo?)
Non-Taxable Income and Spousal Support
In a recent case released by the Alberta Court of Appeal, the Court had to address whether to gross up a party’s non-taxable income for the purposes of determining appropriate spousal support. In Tancowny v. Tancowny, 2018 ABCA 307, the parties entered into a consent Divorce Judgment in 2015, wherein the husband’s obligations for spousal… Continue reading Non-Taxable Income and Spousal Support
Alcohol, Parenting, and the Views of the Child
In a recent case out of the Court of Queen’s Bench of Alberta, an Order was granted prohibiting the father from consuming alcohol of any quantities during his parenting time. This is not an uncommon provision for the Court to grant; in fact it often arises when there are concerns regarding any parent’s alcohol consumption. … Continue reading Alcohol, Parenting, and the Views of the Child
Child Support: Frequently Asked Questions
Many people going through a separation or divorce often find the process and the law confusing and don’t know where to look for answers. One of the most common areas in which questions arise is around Child Support; many people want to know what it can be used for, how much they have to pay,… Continue reading Child Support: Frequently Asked Questions
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