Parents across Canada have had to grapple recently with the decision of whether to send their kids to school in person or keep them home while they participate in online learning. With the pandemic still a concern, and even beginning to surge again in some areas, this has not been an easy decision. Parents having… Continue reading When Parents Disagree on Returning Children to School
Category: Recent Cases
“Bad Faith” and the Imputation of Income in Alberta
A recent decision of the Alberta Court of Appeal has called long-standing authorities on child support and variation into question, particularly around the concepts of support when parenting is shared equally, under-employment and “bad faith”. In the case at hand, the mother and father had a brief romantic relationship that resulted in the birth of… Continue reading “Bad Faith” and the Imputation of Income in Alberta
Canadian Courts & the Enforcement of Foreign Wedding Contracts
In Canada, it is very common for couples getting married, or even moving in together, to create a contract setting out how their property will be treated should they split in the future. So long as the contract meets the standards for a valid contract in each province, most would be enforceable across provincial borders… Continue reading Canadian Courts & the Enforcement of Foreign Wedding Contracts
The Enforceability of Arbitration Awards Across Provincial Borders
Parties are increasingly turning to alternative dispute methods to resolve family disputes, especially in recent months as courts have been largely closed to all but the most urgent matters. Arbitration and mediation have long been ways for parties to resolve their matters while still benefitting from the essential guidance of family law lawyers and decision-makers,… Continue reading The Enforceability of Arbitration Awards Across Provincial Borders
Ontario Court Grants Urgent Motion to Return Child From the U.S.
With courts continueing to operate on a limited basis thorughout Canada, ugrtent matters contineu to have priority. Child protection issues will remain the most pressing, in addition to other urgent matters to be determined on a case-by-case basis. As an example of how courts are determining urgency, a case out of Ontario had to weigh… Continue reading Ontario Court Grants Urgent Motion to Return Child From the U.S.
ABPC: Federal Legislation Takes Precedent Regarding Notice in Indigenous PGO Matters
Our firm has written extensively on matters involving child apprehension and child protection of Indigenous and First Nations children in the past. Today we will focus on a recent decision of Alberta’s Provincial Court, which has provided much-needed guidance with respect to conflicting notice provisions relating to Permanent Guardianship Orders (PGOs) under provincial and federal… Continue reading ABPC: Federal Legislation Takes Precedent Regarding Notice in Indigenous PGO Matters