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So far Vogel LLP has created 154 blog entries.

Case Dismissed: Prove it before you lose it

Mike Vogel In an interesting recent court decision out of British Columbia, a cyclist was injured after coming into contact with an SUV. The cyclist unfortunately suffered very significant injuries. He was rendered unconscious on the scene and spent nearly two months in hospital recovering from his injuries. In pursuing this claim, the cyclist had [...]

July 17th, 2018|

The Tricky Task of Annulling a Marriage

Kasey Anderson In 2016 Eleanor McCain, heiress to the McCain Foods fortune, applied to annul her 9-month marriage on the basis that her husband had tricked her into marrying him. In reply, her husband, Jeff Melanson, sought a divorce and enforcement of a Marriage Agreement entered into by the parties which would entitle him to [...]

July 10th, 2018|

Foreign Assets and Property Distribution: Options for Consideration

Kathryn Tweedie With globalization and an increasingly mobile population, it is becoming more common for people to own assets outside of their jurisdiction of residence.  It has been clearly established that Canadian courts do not have jurisdiction over foreign assets, especially foreign land, by the Supreme Court of Canada case of Duke v. Andler [1932] S.C.R. [...]

July 3rd, 2018|

Extra-Provincial and Foreign Adoption Orders

Leslie Taylor Parents who obtain an adoption order outside of the province of Alberta must consider the effect of the foreign order under the Child and Youth Family Enhancement Act (CYFEA). Section 73 of the CYFEA provides that, An adoption effected according to the law of any jurisdiction outside Alberta has the effect in Alberta of an [...]

June 26th, 2018|

Ontario Court Finds Child Support Provision of their Family Law Act Violates Charter Rights of Adult, Disabled Children: Implications for Alberta

Melody Rodger A recent Ontario family law case, Coates v Watson 2017 CarswellOnt 10653, dealt with the fact that the Divorce Act and the Family Law Act (in Ontario) treats adult, disabled children of once-married parents differently than adult, disabled children of parents who were never married. This case is of particular interest in Alberta [...]

June 19th, 2018|

The Inclusion of Surrogacy Fees in a Personal Injury Claim

Mike Vogel A precedent setting personal injury decision out of British Columbia was recently released, Wilhelmson v. Dumma, 2017 BCSC 616. The case arose from a major head on collision that killed 3 and left the Plaintiff in this case with severe injuries. These injuries forced the Plaintiff be in the Intensive Care Unit for [...]

June 12th, 2018|

What’s In A Name?

Aida Rafie When a parent or guardian of a child in Alberta seeks to change the last name of a minor, their application to the Court is made pursuant to Section 23 of Alberta’s Vital Statistics Act, SA 2007, c V-4.1 which sets out the requirements for same. In the recent case of Hoefling v. [...]

June 5th, 2018|

Executor’s Liability

Anthea Law Being appointed as the Executor of a deceased person’s estate is often seen as a privilege. However, that golden glow of privilege fades fast as soon as an Executor realizes the litany of tasks that one faces in order to properly administer the estate, as well as the reality that he or she [...]

May 29th, 2018|

Spousal Support Advisory Guidelines – Not only for use at Trial!

Medina Shatz In a recent Court of Queen’s Bench decision ( Hunter v. Hunter 2017 CarswellAlta 1233, 2017 ABCB 445), Madam Justice Veit addressed the issue of whether the Spousal Support Advisory Guidelines (SSAGs) can and should be used to set monthly spousal support awards on an interim basis. The Hunters were together for 24 [...]

May 22nd, 2018|

What Is Continuous Cohabitation?

Family law lawyers are frequently asked what the pre-requisites are for a common-law relationship.  In Alberta, common-law partners are called Adult Interdependent Partners (“AIPs”). To learn more about the legislation respecting adult interdependent relationships and the how Courts have defined AIPs, see our blog post, “How the Court Defines an Unmarried Couple”, here. Under the Adult [...]

May 15th, 2018|