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So far Vogel LLP has created 145 blog entries.

Disclosure Requirement: Onus Shift and Obligation Defined

Kathryn Tweedie Generally, when parents are employed by an arm’s length employer, determining income for support purposes is a relatively straightforward endeavor. Not so when a parent earns income from self-employment, a partnership or a closely held, private corporation.  The inquiry is usually complicated by ascertaining the value of personal benefits included in expenses deducted from [...]

June 20th, 2017|

Absconding & Forum Shopping

Andy Hayher In Heath-Breakspear v. Breakspear, the Supreme Court of Newfoundland found itself dealing with a jurisdictional issue. There were three children involved who had all been living in Dubai for more than 15 years. In 2016 the mother came to Canada for a vacation and did not return. The marriage was on the rocks [...]

June 13th, 2017|

RRSPs: Does It Really Matter Who You Designate as Your Beneficiary?

When you set up a registered retirement savings plan (an “RRSP”), you will likely be asked who you would like to designate as the beneficiary. This means that when you pass away, the designated beneficiary will inherit any funds held in the RRSP. But does it really matter who you name as the beneficiary? For [...]

June 6th, 2017|

Drop Dead Rule in Family Law Cases

Norm Machida, Q.C. of our office successfully argued an appeal involving the application of the drop dead rule in a matrimonial property action. The drop dead rule allows a defendant in a lawsuit to apply to have an action dismissed if there has not been a significant advance in the action in three or more years. [...]

May 30th, 2017|

Walker v. Walker: A More Holistic Approach to Child Support in Shared Parenting Arrangements

Medina Shatz For even the best-intentioned parent trying sorting out what amount of child support is payable (or receivable), the Federal Child Support Guidelines (“Guidelines”) can be very confounding. This is particularly true when a payor’s income is over $150,000.00. Section 4 of the Guidelines states that at that income level  the tables may not [...]

May 23rd, 2017|

Polygamy Laws in Canada

The British Columbia Supreme Court is currently hearing a criminal trial in which two fundamentalist Mormon leaders, Winston Blackmore and James Oler, are charged with practicing polygamy. Oler is accused of marrying four women, while Blackmore is accused of marrying 24 women and allegedly has over 100 children.  Is Polygamy Illegal in Canada? Polygamy is [...]

May 16th, 2017|

Tips to Reduce Your Legal Fees

Clients often ask for estimates on how much a matter will cost. Unfortunately, it is very difficult to provide an estimate with any precision. The problem is that people can be unpredictable. In family law, the way we bill is very simple. We record the amount of time we spend on your file, and bill [...]

May 9th, 2017|

Credibility is Everything

Mike Vogel It was recently confirmed in the Alberta Court of Queen’s Bench decision that a Plaintiff’s credibility is a paramount factor that a Judge will review when assessing a Personal Injury Claim. In the decision Petz v. Duguay, 2017 ABQB 0090, Justice Sullivan found the  Plaintiff Ms. Petz not to be a credible witness. This [...]

May 2nd, 2017|

Low Speed Collision – No Injury?

Johnny Pak In personal injury litigation, a defence lawyer or insurance adjuster will, at times, argue that a low speed motor vehicle accident could not have caused any injury.  The courts, however, have repeatedly rejected such proposition. For instance, in the recent court decision of Kohlendorfer v. Northcott, 2017 ABQB 114, the defendants argued that [...]

April 25th, 2017|

Judicial Interviews in Custody Cases

Andy Hayher On some occasions in custody cases, lawyers are appointed for the children to advise the court what the child’s wishes are. In other instances, the services of a parenting expert are used to provide the court with a fulsome report as to what custody arrangement is in the best interests of the children. [...]

April 18th, 2017|