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So far Vogel LLP has created 163 blog entries.

Imputing Income for Child Support Purposes: Under-Employed or Unemployed Payors

Leslie Taylor Often times, calculating base child support is a straight forward task which uses the payor’s income and the number of children of the relationship to determine the monthly child support amount pursuant to the Federal Child Support Tables. In some situations however, the Court may intervene to “impute” an income higher than the [...]

September 18th, 2018|

Shady Disclosure

Andy Hayher The recent decision of Virc v. Blair from the Ontario Court of Appeal shed light on what happens when a party deliberately provides numbers and financial disclosure that is false and the parties enter into a separation agreement based on those false numbers. The court held that if you provide financial information that [...]

September 11th, 2018|

Executors and Personal Liability

Kasey Anderson In the recent case in Ontario of Craven v Osidacz, 2017 ONSC 1757 an executor was found to be personally liable for legal fees of both the estate and a claimant against the estate in excess of $200,000. The unique and tragic circumstances of the case were this: In 2006, Andrew Osidacz murdered [...]

September 4th, 2018|

Failure to Cross Cheques and the Eligible Dependent Credit

Brett Coleman I suspect many family law lawyers out there were hoping, just as we were, that Harder v. R, 2016 CarswellNat 10378 (TCC) would not be taken too seriously or followed to the strict extent that Harder implied must be done. Unfortunately, the recent case of Huneault v. R, 2017 CarswellNat 1896 (TCC) makes [...]

August 28th, 2018|

Required Information

Doug Perras  I have been a personal injury lawyer for a very long time.  This morning on my way to work I was rear-ended.  After it was all over, and I was on my way to work, I began to wonder how well I had handled the situation.  I wondered if I had obtained all [...]

August 21st, 2018|

Damages for Assault in the Context of Divorce

Melody Roger Montgomery v Kenwell, 2017 ONSC 3107 is a very interesting decision by Healy J. of the Ontario Supreme Court. Among other issues, it deals with the wife’s application for an award of damages from the husband in relation to the domestic violence she suffered during the relationship. The circumstances of this case are very [...]

August 14th, 2018|

In Litigation, Does an Estate Need to be Represented by a Lawyer?

Anthea Law In Oommen v. Ramjohn, 2015 ABCA 34, the Alberta Court of Appeal held that an estate must be represented by a lawyer, not a self-represented litigant. In this case heard by the Honourable Justice Veldhuis, Mr. Oommen was one of the co-Executors named in the deceased’s Will. He had not applied to probate [...]

August 7th, 2018|

Let’s Get Physical!: The Importance of Exercise for Back Injuries and in Personal Injury Litigation

Johnny Pak After a motor vehicle or other accident, the last thing you might want to do is exercise.  For some plaintiffs, however, it is just what the doctor ordered. Although there are many different ways and modalities for treating neck and back pain, the medical community generally agrees that exercise and stretching is often [...]

July 31st, 2018|

Making Unemployment “Work” in Family Law Proceedings

Emily Gajda In a recent decision out of Ontario, Cammaroto v Cammaroto, 2015 ONSC 3968, the Ontario Superior Court of Justice found that a husband was just “going through the motions” on his job search. In Cammaroto, the parties were married in 2000 after a 2-year long distance relationship, after which the husband moved from [...]

July 24th, 2018|

Case Dismissed: Prove it before you lose it

Mike Vogel In an interesting recent court decision out of British Columbia, a cyclist was injured after coming into contact with an SUV. The cyclist unfortunately suffered very significant injuries. He was rendered unconscious on the scene and spent nearly two months in hospital recovering from his injuries. In pursuing this claim, the cyclist had [...]

July 17th, 2018|