Anh Dang

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So far Anh Dang has created 95 blog entries.

The New Estate Administration Act’s Impact On Personal Representatives

Alberta’s new Estate Administration Act (the “EAA”) comes into force on June 1st, 2015. This Act represents the Government of Alberta’s reformation of succession law. A primary goal of this is legislation is to to clarify the role and responsibilities of a Personal Representative. Major changes to the law with respect to Personal Representatives include: [...]

May 1st, 2015|

Common Consult Questions: What Are Section 7 Expenses?

When parents separate or divorce, child support can become a difficult issue between the parents. Each parent has a duty to contribute to the support of the child/children of the relationship/marriage. Child support is considered by the Courts to be the right of the child. Base child support (also known as “Section 3” child support) [...]

April 13th, 2015|

Dividing Cats & Dogs

Family pets often become the most contentious issue in family law matters. In fact, recently I attended court on a Replevin application related to a family dog and just a few weeks ago during a mediation the issue of custody of the family dog took more time than dividing bank accounts and RRSP's combined. This [...]

April 1st, 2015|

Child Support Recalculation Program – Legislative Changes

The Alberta Child Support Recalculation Program is an administrative service that increases access to justice by providing many parents with a way to update their child support orders with ease and decreased cost. The program can recalculate both monthly section 3 (base) child support and proportionate shares of section 7 (special or extraordinary expenses) child [...]

March 27th, 2015|

Dividing Pension Benefits On Marriage Breakdown (Alberta Private Sector)

The division of pension benefits can be a common point of contention and confusion in cases of marital breakdown. The following is a brief overview of the applicable legislation and methods of pension division. The Employment Pension Plans Act (EPPA) prescribes the method for dividing all registered pension plan benefits in the private sector while [...]

March 25th, 2015|

Enforceability Of Islamic Marriage Contracts

The Islamic marriage contract known as a "Maher" or "Mahr" or "Nikah Nama" has been considered in a number of reported decisions across Canada, however, the court's have had differing views with respect to the enforcement of Islamic Marriage Contracts. The recent Ontario Superior Court decision of Yar v. Yar holds that courts should avoid [...]

March 16th, 2015|

Foreign Property Issues In Divorce

Quite often parties that are in the midst of finalizing a divorce will have foreign assets. The question of what should be done with those assets always arises when dealing with matrimonial property division. Two relatively recent decisions from the Alberta Court of Appeal are helpful in determining how the court will deal with foreign [...]

February 26th, 2015|

The Dollars-and-Cents Of Financial Disclosure

When dealing with many family law matters, up-to-date and complete financial information from and for both parties is essential. Whether the parties are in dispute over the matter or are working together to reach an agreement, it is necessary that they both have a clear understanding of each other’s joint and individual financial circumstances. It [...]

February 24th, 2015|

Valuation Of Pensions: Trending Towards Date Of Separation?

The Matrimonial Property Act provides direction to the valuation and distribution of matrimonial property in sections 7 and 8. The Alberta Court of Appeal in Mazurenko v. Mazurenko, 1981 ABCA 104, confirms the general principle that the date of valuation of matrimonial property in Alberta is the date of trial. Although there may be factors [...]

February 4th, 2015|

Annual Town Hall Meeting – Family Law Section

On January 20, 2015, the annual town hall meeting for the family law section was held at the Calgary Courthouse. This is a very informative and helpful event that is well attended by the judiciary, family bar and court staff. Some key points from the meeting are as follows: Currently the earliest available date to [...]

January 26th, 2015|