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So far Vogel LLP has created 208 blog entries.

Surrogacy Law & Bill C-404: An Update

It is a common misconception that surrogacy is illegal in Canada.   It is not. According to a study published in the Journal of Obstetrics and Gynecology Canada in 2017, 1100 babies were born to gestational surrogates in Canada between 2001 and 2014. The misconception is somewhat understandable given that the governing legislation, the [...]

2019-07-03T10:53:14+00:00July 9th, 2019|

What is “Undue Hardship” for the purposes of child support?

The Federal Child Support Guidelines (“FCSG”) govern the payment of child support across Canada. The tables attached to the FCSG set out the amount payable (often called the “Table amount”) by the parent who does not have the child(ren) in their primary care to the parent who does have the child(ren) in their [...]

2019-06-25T12:43:54+00:00July 2nd, 2019|

PN2: NOT a Bright Line Rule

A recent Court of Appeal case in Alberta, LAS v. WRS, 2019 ABCA 65, brought up an important point regarding the court’s application of the rules set out in Family Law Practice Note 2. This appeal case concerned the Mother’s appeal of an interim order that was granted in Regular Chambers and which [...]

2019-06-18T10:20:25+00:00June 25th, 2019|

Understanding “Legalese”: A Quick Lesson on Common Legal Terms

If you are or have been engaged in any sort of legal proceeding, it’s likely that you have been exposed to what is often called “legalese”, or, in other words, formal legal wording that is often difficult to understand. Latin terms and other technical wording (which is sometimes extremely outdated!) are regularly used [...]

2019-06-11T10:40:38+00:00June 18th, 2019|

Determining Income: Self Employed Spouse

When determining the amount of child or spousal support an individual is entitled to from a former spouse, we refer to Income Tax Returns and Notices of Assessment. Generally, an individual’s Line 150 is reflective of the amount of income they had earned that year. However, this may not be true for self-employed [...]

2019-06-04T11:03:39+00:00June 4th, 2019|

U-Turn U-Lose

Case Summary: Dirk v Toews, 2019 ABQB 176 In the recent decision of Dirk v Toews, 2019 ABQB 176, the Honourable Madam Justice Janice R. Ashcroft considered the liability of two parties involved in a motorcycle collision near Medicine Hat, Alberta. The Plaintiff was driving her motorcycle on a secondary road when the Defendant, who [...]

2019-05-27T08:48:50+00:00May 28th, 2019|

Requesting a Child and Family Services File

A guardian may request disclosure of records enclosed in a Child and Family Services file pursuant to section 126(1)(b) of the Child, Youth and Family Enhancement Act, RSA 2000, c C-12 (“CYFEA”). Failing which, or in the alternative, a guardian (or any other party to a civil matter), may apply to the Court [...]

2019-05-14T11:42:24+00:00May 21st, 2019|

Bill 28 – Child Support Changes

On December 11, 2018, Bill 28 -  the Family Statutes Amendment Act - received Royal Assent by the Justice and Solicitor General. Bill 28 involves a number of significant changes to family law that will include: new property division rules for unmarried partners upon relationship breakdown, repealing of the Married Women’s Act, and [...]

2019-05-13T08:35:16+00:00May 14th, 2019|

The “Dragon’s Den” of Online Evidence

In Plese v Herjavec, 2015 ONSC 7572, the husband, Robert Herjavec (who is, notably, a star on the popular television show, Dragon’s Den) argued against “online” evidence, which indicated that his income and net worth were much higher than what he had claimed, being included in the Court proceedings. The wife, through her [...]

2019-05-02T09:01:11+00:00May 7th, 2019|