Anh Dang

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So far Anh Dang has created 95 blog entries.

Jian Ghomeshi & Rights Disclosure

In the wake of the numerous sexual assault allegations against former CBC personality Jian Ghomeshi we are seeing a steady flux of discourse on the topic of gender equality as well as human rights more generally, particularly through the criminal law lens and with respect to the presumption of innocence. This discourse has been prevalent [...]

November 12th, 2014|

Kids, Post-secondary Costs & Divorce

As a child completes high school and is about to commence post-secondary studies a payor parent often begins to question what the financial consequences are for the parties with respect to post-secondary tuition. A recent case from the Court of Queen's Bench of Alberta, Lewis v. Correia, 2014 ABQB 314 detailed the general principles behind [...]

October 23rd, 2014|

Articling Recruitment Period

The articling recruitment dates have historically been set for June of each year by the Credentials and Education Committee of the Law Society of Alberta. LESA is now seeking input from its members regarding changing the 2015 articling recruitment period for Calgary and Edmonton. This review is a long time coming as there has been [...]

October 21st, 2014|

Limitation Refresher

In the recent decision Toney v Canada (Royal Canadian Mounted Police) rendered at the Court of Queen’s Bench of Alberta, Madam Justice E.A. Hughes reviewed limitation periods as they apply to personal injury claims. This tragic case arose from a boating accident on September 27, 2008 that resulted in the death of a small child. [...]

October 14th, 2014|

Dispatches From The Desk Of A Summer Student

Since our last installment, I’ve completed my first summer as a Law Student at Vogel LLP. An accomplishment of this type warrants some reflection, and maybe just a little bit of bragging… Last time I wrote, I knew I was fortunate to be able to assist with a trial. Little did I know that in [...]

October 3rd, 2014|

New QB Decision On Blameworthy Conduct

In general, the courts will award retroactive child support to a successful applicant for a period of up to 3 years prior to when the applicant gave the respondent notice of his/her potential increased child support obligations. When a payor has engaged in blameworthy conduct, the court can increase the period of retroactive support past [...]

September 30th, 2014|

Deportation Due To A Breakdown In The Marriage

Getting divorced and being deported is a harsh reality for Canadian Permanent Residents (PR’s). Under the Immigration & Refugee Protection Act (IRPA) regulations, if a PR has not cohabited and been in a conjugal relationship with their sponsor (spouse) for a continuous period of over two years they are subject to a Removal Order by [...]

September 24th, 2014|

Home Away From Home

Parents who do not live in the same city (or even the same country) as their children primarily live can face significant difficulties with respect to access. A recent case out of the Northwest Territories Supreme Court addresses some of the factors that can be considered in determining whether access away from the children’s primary [...]

September 22nd, 2014|

Imputing Income For The Purposes Of Child Support – Unreasonable Expenses

Sections 16 to 20 of the Federal Child Support Guidelines deal with how a spouse’s annual income should be determined for the purposes of child support. Under Section 19, the Guidelines specifically identify 9 situations under which the court may impute income. Of particular interest to the self-employed, are Sections 19(1)(g) and 19(2) which deal [...]

September 18th, 2014|

Questioning In Family Law Proceedings

Family Law practice very often overlaps with or has criminal law aspects to it. One common example is where a party incurs criminal charges that are entirely relevant to issues pertaining to parenting, such as drug or drinking & driving related criminal charges. Such charges may understandably call a party’s ability to provide adequate care [...]

September 12th, 2014|