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So far Vogel LLP has created 133 blog entries.

$1 Million To Level The Playing Field

Andy Hayher Litigation is expensive. Often in family law one party has more financial resources than the other to fund the litigation. This creates an inherent unfairness and often leads one party to simply give up as they cannot deal with the financial upheaval that litigation can often cause. In family law, when parties are [...]

April 29th, 2016|

Family Loans vs. Family Gifts

Brett Coleman Married couples often receive money from one or both sets of families (typically parents) throughout their marriage. Once the couple separates and are negotiating the division of their property, the claim is inevitably made that those funds are either exempt from presumptive 50/50 division for being a gift to one party alone (rather [...]

April 4th, 2016|

She Said She Was On The Pill

Andy Hayher A recent decision from the Ontario Superior Court dealt with the issue of a party being “tricked” and having to deal with a child support application from a former partner whom they thought was unable to conceive by virtue of using contraception or because of a medical issue. These stories are nothing new [...]

March 15th, 2016|

Grandkids & Access

Andy Hayher In the recent Court of Queen's Bench decision of Hrycun v. Theriault, the Honourable Madam Justice J.B. Veit dealt with an action where a grandparent was seeking contact with her grandchildren. The application was made under section 35(2) of the Family Law Act and required the grandparent to have leave of the Court [...]

March 9th, 2016|

What is a DRO?

Jessica MacDonald The Dispute Resolution Officer (DRO) program is a Court-sponsored program that allows and encourages parents to address and resolve their child support disputes through an alternative dispute resolution process, as opposed to a Court application. The parties attend a DRO session with a senior Family Law lawyer for one hour to address the [...]

March 3rd, 2016|

High-Conflict Custody: Steps to Take Early On

Brett Coleman The CBA Alberta Law Conference was held in Calgary last Thursday, January 28 and Friday, January 29. On Friday morning, a group of lawyers practicing Family Law in Alberta attended a roundtable discussion on High Conflict Custody matters, moderated by Medina Shatz of our firm. One of the takeaways from that roundtable discussion [...]

February 4th, 2016|

The Court’s Discretion – Advance/Interim Costs

Aida Rafie The Alberta decision of Lakhoo v. Lakhoo 2015 ABQB 357 is a recent example of the Court’s application of Rule 12.36 of the Alberta Rules of Court, allowing the court to use its discretion in making any order it sees as fit for an advance payment of costs of either party. In the [...]

January 29th, 2016|