About Vogel LLP

This author has not yet filled in any details.
So far Vogel LLP has created 181 blog entries.

Medical Aid in Dying

Anthea Law Carter v. Canada, 2015 SCC 5, is a landmark Supreme Court of Canada decision, with no dissenting opinions and a judgement written by “The Court”. The issue for the Court to consider was whether the prohibition on medical aid in dying found in the Criminal Code of Canada violated the claimants' rights under [...]

2019-01-15T09:59:23+00:00January 15th, 2019|

Retroactive Child Support Into A Trust

Andy Hayher In CJD v. RIJ, Justice Robert A. Graesser of the Alberta Court of Queen’s Bench dealt with a case that involved 14 years of protracted litigation. At the outset of the litigation the child was two years old. She is now 16. Over the course of those years she became alienated from her [...]

2019-01-11T10:41:07+00:00January 11th, 2019|

Cameras in the Bedroom??? Intrusion Upon Seclusion!?!?

Kathryn Tweedie Is there a right to bring a civil action for damages for the invasion of personal privacy?  What about in the context of a domestic relationship?  The answer is now a resounding yes to both questions as a result of the new tort called “intrusion upon seclusion” created by the Ontario Court of [...]

2019-01-03T09:21:05+00:00January 8th, 2019|

No Insurance? No Problem!

Michael Vogel Getting into a motor vehicle accident is a stressful enough situation. This stress can be magnified in the event that an injured party does not know who hit them or if the at-fault party does not have insurance. The automatic thought for an injured party in this situation may be that there would [...]

2018-12-28T09:08:55+00:00January 2nd, 2019|

Case Comment: H.S. v. The Private Academy, 2017 HRTO 791

Emily Gajda In a recent decision out of the Human Rights Tribunal of Ontario, H.S. v. The Private Academy, 2017 HRTO 791, a same-sex, married couple alleged that their adopted child was denied the opportunity to be admitted to a private Christian Evangelical school because of their status as a same-sex married couple. The parents [...]

2018-12-12T09:10:58+00:00December 27th, 2018|

Termination of Child Support due to Unilateral Termination of Relationship With Payor Parent

Kathryn Tweedie In western Canada, when the court is asked to consider whether a child of 18 years of age or older remains entitled to support due to pursuit of post-secondary education, the Farden Factors are applied in making that determination.  Proof of attendance at a post-secondary educational institution, in and of itself, without more, [...]

2018-12-11T15:39:43+00:00December 18th, 2018|

Are We Married?

Andy Hayher In the recent decision of Vo v. Vo, the Honourable Mr. Justice J.T. McCarthy of the Court of Queen’s Bench of Alberta dealt with the issue of whether or not a couple was married or not. The parties were both born in Vietnam but residing in Canada. In 1997 they travelled from Canada [...]

2018-12-10T09:04:16+00:00December 11th, 2018|

Is My Injury Claim “Capped”?

Johnny Pak  If you have been injured in a motor vehicle accident in Alberta, you have probably heard about a “cap” for personal injury damages. By way of background, the Alberta government enacted legislation called the Minor Injury Regulation, Alta. Reg. 123/2004, which came into force on October 1, 2004, imposing a limit of $4,000 [...]

2018-11-21T14:57:12+00:00December 4th, 2018|

Property or Custody? Genetic material in family law disputes

Kasey Anderson Reproductive technology has significantly advanced in recent years allowing more individuals to become parents.  While this technology presents more options to couples struggling with infertility than ever before, it can also present a legal issue when their relationship ends. When a couple separates or divorces, who is entitled to the genetic material collected [...]

2018-11-21T14:54:47+00:00November 27th, 2018|

Spatial relationships need court structure – not always an EPO

 Medina Shatz When a person is in need of protection from family violence an Emergency Protection Order (“EPO”) may be sought from the court. The decision of whether there are grounds for an EPO must be guided by Section 2(1) of the Protection Against Family Violence Act where it states that an EPO is warranted only if [...]

2018-11-14T09:00:09+00:00November 20th, 2018|