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So far Vogel LLP has created 217 blog entries.

Bill C78 Means More Big Changes Coming to Family Law in Canada

Big changes are coming to family law legislation in Canada. In April and May, we discussed the changes being introduced by Bill 28, the Family Statutes Amendment Act in Alberta. Now, Bill C78, an Act to Amend the Divorce Act, the Family Order and Agreements Enforcement Assistance Act and the Garnishment Attachment and [...]

2019-08-29T11:21:06-06:00September 10th, 2019|

Striking a Balance with Maintenance and Support

A family member of a deceased person may apply for maintenance and support from the deceased person’s estate pursuant to Part 5 of the Wills and Succession Act, SA 2010, c W-12.2. For the purpose of making an application for maintenance and support, a “family member” includes the following people: a spouse of [...]

2019-08-30T09:41:34-06:00September 3rd, 2019|

Can I Disinherit My Children?

Common sense dictates that every individual should be able to dispose of their property upon death how they see fit. However, the law in this area is not quite this simple. While the law generally allows a person to choose how their estate will be distributed, this is subject to conditions including that [...]

2019-08-22T09:45:16-06:00August 27th, 2019|

The AIP – Not Just a Good Time

This case summary has been taken from the Vogel LLP Top 5 Quarterly Family Law Review, organized by Aida A. Rafie each month. Click here to subscribe! In Corlett v. Cavanagh, 2019 ABQB 316, the issue before the court was whether the nature of the parties' 18 year relationship considered them adult interdependent [...]

2019-08-20T08:37:06-06:00August 20th, 2019|

Posthumous Reproduction: Life after Death?

A Federal Judge in New York recently ruled that the parents of a 21-year-old, who was fatally injured in a skiing accident earlier this year, could use their deceased son's frozen sperm to attempt to produce a child. The Judge awarded the parents the ability to attempt conception with a surrogate mother using [...]

2019-08-01T09:54:26-06:00August 13th, 2019|

E-Scooters Land in Calgary

A large fleet of electric-powered shareable scooters has arrived in Calgary. Much like a car share program, these e-scooters are easy to rent, use, and leave for the next rider to enjoy. Powered by an electric motor, e-scooters allow the rider to reach speeds in excess of 20 km/h and under a City [...]

2019-08-06T09:10:26-06:00August 6th, 2019|

Changing a Parenting Order in Regular Chambers

The Alberta Court of Queen’s Bench Family Law Practice Note 2 sets out the requirements for filing an Application to be heard in Family Law Regular Chambers. Except in cases of urgency, the Court will not hear Applications for (1) change of custody, (2) substantial changes to parenting arrangements, or (3) retroactive child [...]

2019-07-23T12:58:18-06:00July 30th, 2019|

The Dangers of Litigation Loans in Personal Injury Lawsuits

In motor vehicle accident lawsuits, Plaintiffs are often faced with extremely difficult financial circumstances arising out of the accident, due to either their consequent inability to work, their treatment costs, or a combination of the two. With respect to income loss, some insureds will have access to disability benefits provided through Section B [...]

2019-07-17T10:59:01-06:00July 23rd, 2019|

Summary Trials: Are they right for you?

A summary trial is a condensed form of trial that proceeds on the basis of affidavits and any other evidence allowed by the Alberta Rules of Court relating to summary trials. Generally speaking, a family law summary trial can be seen as a cost effective, shorter and alternative form of dispute resolution than [...]

2019-07-03T10:48:53-06:00July 16th, 2019|

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 [...]

2019-07-03T10:53:14-06:00July 9th, 2019|