Anh Dang

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So far Anh Dang has created 95 blog entries.

The New Appeal Periods

When the Alberta Rules of Court were replaced in November 2010, they did not contain rules for appeals to the Court of Appeal of Alberta. As such, with the enactment of the new Court of Appeal rules, all of the 2010 Rules of Court will now apply to appeals in the Court of Appeal, rather [...]

September 10th, 2014|

Three Dispositions Of The Matrimonial Home

There is a saying that the biggest purchase that a couple will make during the marriage is a home. Ergo the biggest asset to be dealt with in most divorces is the matrimonial home. The disposition of the matrimonial home can be done one of three ways: (1) The Husband can buyout the Wife; (2) [...]

August 28th, 2014|

Car Racing Fatality: A Personal Injury Perspective

Very recently, NASCAR superstar, Tony Stewart was involved in a tragic accident in which his vehicle struck and killed an individual on the racetrack. Tony Stewart was initially involved in a collision with fellow driver Kevin Ward in which Ward spun out after being hit by Stewart. Appearing to be frustrated after being hit, [...]

August 14th, 2014|

Accelerated Costs, Access To Justice And Family Law Proceedings

The recent decision of Jivraj v Jivraj (2014 ABQB 307) by Madam Justice J.B. Veit dealt with whether accelerated costs, or costs above the tariff amount set out in Schedule C of the Alberta Rules of Court, should be granted to the Respondent husband in defending a second unsuccessful application by the wife for access to [...]

August 8th, 2014|

Use Of Polygraph Tests In Canadian Courts

Polygraph tests are generally of limited use as evidence in Canada. In R v Beland, [1987] 2 SCR 398, the Supreme Court of Canada rejected the use of polygraph evidence aimed at supporting the credibility of a witness. The reasons for the rejection were: The traditional function of a juror is to apply his or [...]

August 5th, 2014|

Travel And Living Allowance As Income For Child Support Determinations

In a recent British Columbia Supreme Court decision, Webster v. Webster, 2014 BCSC 730 (“Webster”), Justice Pearlman considers whether a non-taxable “living-out allowance” should be attributed as income to Mr. Webster for the purpose of determining child support under the Federal Child Support Guidelines. Justice Pearlman reviews a number of recent cases, including the Alberta [...]

July 28th, 2014|

Small Claims Court Isn’t Just For Small Claims

In Canada, most provinces and territories have Small Claims Courts where you can bring a claim and get a decision from a judge for a civil claim that has a small monetary value. Currently in Alberta, if you have a civil claim for less than $25,000, you can go to Small Claims Court (which is [...]

July 21st, 2014|

Spousal Immunity Extended To Common Law Couples

It has long been the common law rule that married individuals may not be called to testify in a court of law against their spouse. Recently, the Alberta Court of Appeal held that this common law “spousal immunity” rule shall be extended to common law couples, where appropriate. The rationale is, in part, rights-based as [...]

July 9th, 2014|

The Story Of Tiny Tim: Pet Custody After A Relationship Breakdown

When a relationship breaks down and parties separate or divorce, a number of difficult questions will inevitably arise. What should custody of the children look like? What should be done with the matrimonial home? How should assets be divided? The Courts and the legislature have been thorough in providing individuals and lawyers with basic guidelines [...]

July 7th, 2014|

Unjust Enrichment And The Issue Of Limitation Periods

Generally, Alberta courts accept that limitation periods do apply to unjust enrichment claims in the family law context and that the general two-year limitation period begins at the date of separation. As we know from Alberta’s Limitations Act, (RSA 2000, c L-12), the two-year general limitation period begins when the claimant knew, or in the [...]

June 25th, 2014|