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So far Vogel LLP has created 201 blog entries.

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|

Battle of Alberta: Appropriate Judicial Centre Edition

Consider the following: A couple lives in Edmonton, however, one-party files for divorce in Calgary. Which is the appropriate venue, Calgary or Edmonton and which party bears the onus to establish the choice was reasonable? The case of Odland v Odland dealt with this particular issue. In Odland the Plaintiff wife resided in [...]

2019-04-16T10:17:20+00:00April 23rd, 2019|

Challenging the Validity of a Matrimonial Property Agreement

The requirements for entering into a written agreement with respect to the ownership and division of matrimonial property are set out at sections 37 and 38 of the Matrimonial Property Act, RSA 2000, c M-8 and include: (a) that the spouse or person is aware of the nature and the effect of the agreement, [...]

2019-04-11T09:16:13+00:00April 16th, 2019|

An Overview of Bill C-78: How is the Divorce Act Changing?

The Divorce Act, R.S.C., 1985, C. 3 (“Divorce Act”), is the primary piece of Canadian legislation which governs the process of separation for married couples. Somewhat surprisingly, the Divorce Act has not been substantially changed in more than 30 years (it first became law in 1985). However, a Bill was recently introduced which [...]

2019-04-02T13:52:16+00:00April 9th, 2019|

‘til Text Do Us Part

In an effort to stop men from ending their marriages without telling their wives, the Saudi Arabian Ministry of Justice has announced that they will be sending text message notifications to inform women of their new divorce status. Saudi Arabia is one of the few remaining jurisdictions that permits a husband to divorce [...]

2019-04-02T13:37:20+00:00April 2nd, 2019|

Capped Claims

If you have been involved in a motor vehicle accident in Alberta, and you are considering a lawsuit you will likely come to know that your injury -- and ultimately the amount you may be paid for your claim -- falls into one of two categories.  If your injury falls within the definition [...]

2019-03-19T12:42:34+00:00March 26th, 2019|

Surveillance to Harassment – Where is the Line?

In custody disputes, where evidence is hard to obtain and matters are often reduced to “he-said/she-said”, litigants often turn to alternative means to gain information about their ex-spouse. Whether it’s social media “stalking” or snooping through an ex’s emails, there seems to be no limit to what individuals will do to dig up [...]

2019-03-13T08:21:02+00:00March 19th, 2019|