One may suspect that capacity issues rarely arise outside of estate matters. This assumption, however, would be incorrect. Issues regarding capacity to instruct counsel can arise in any type of legal matter including family, personal injury, and beyond.
The Alberta Rules […]
In this recent decision from the Alberta Court of Appeal, written by Justice Pentelchuk and concurred by Justices Paperny, Watson, Greckol, and Feehan, the Courts revisit the test for determining parents’ income for the purposes of child support.
Prior to […]
Parenting with your ex-partner can be tough, and the difficulties associated with parenting are exacerbated when you and your co-parent live in different provinces, or even different countries.
Generally, when co-parents live in the same city exchanges of the child for […]
It happens occasionally with separated couples; one parent decides to move away from the city they currently reside in and do not inform the other parent. There is no issue with the parent relocating but parenting may become an issue. […]
Mediations are exceedingly common in family law and only continue to become more so. The goal of mediation is to have an impartial 3rd party present to assist and encourage the parties to discuss issues openly for the purposes of […]
What happens when a couple is trying to divide their assets after separation and matrimonial property is tied up in a corporation?
It often happens in separation that one, or both, people’s assets are tied up in a corporation and are […]
Where litigation is stagnant for 3 or more years, a court will dismiss the case pursuant to rule 4.33 of the Alberta Rules of Court:
If 3 or more years have passed without a significant advance in an action, […]
Generous grandparents may wish to set up a Registered Education Savings Plan (RESP) for their grandchildren’s education. What happens to these contributions in a divorce?
Some parents may hope that their parents’, i.e., grandparents’, contributions will be perceived as their personal […]
In many circumstances, as the dynamics of a family change over time, it may be that a parent wishes to change the last name of a child. In Alberta, Vital Statistics is the regulating body that grants or […]
Child support is paid in “after-tax” dollars – the payor is not entitled to deduct, and the recipient should not be claiming, these payments on their income tax return. Spousal support, however, is tax deductible to the payor, […]