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So far Vogel LLP has created 158 blog entries.

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|

The Tricky Task of Annulling a Marriage

Kasey Anderson In 2016 Eleanor McCain, heiress to the McCain Foods fortune, applied to annul her 9-month marriage on the basis that her husband had tricked her into marrying him. In reply, her husband, Jeff Melanson, sought a divorce and enforcement of a Marriage Agreement entered into by the parties which would entitle him to [...]

July 10th, 2018|

Foreign Assets and Property Distribution: Options for Consideration

Kathryn Tweedie With globalization and an increasingly mobile population, it is becoming more common for people to own assets outside of their jurisdiction of residence.  It has been clearly established that Canadian courts do not have jurisdiction over foreign assets, especially foreign land, by the Supreme Court of Canada case of Duke v. Andler [1932] S.C.R. [...]

July 3rd, 2018|

Extra-Provincial and Foreign Adoption Orders

Leslie Taylor Parents who obtain an adoption order outside of the province of Alberta must consider the effect of the foreign order under the Child and Youth Family Enhancement Act (CYFEA). Section 73 of the CYFEA provides that, An adoption effected according to the law of any jurisdiction outside Alberta has the effect in Alberta of an [...]

June 26th, 2018|

Ontario Court Finds Child Support Provision of their Family Law Act Violates Charter Rights of Adult, Disabled Children: Implications for Alberta

Melody Rodger A recent Ontario family law case, Coates v Watson 2017 CarswellOnt 10653, dealt with the fact that the Divorce Act and the Family Law Act (in Ontario) treats adult, disabled children of once-married parents differently than adult, disabled children of parents who were never married. This case is of particular interest in Alberta [...]

June 19th, 2018|

The Inclusion of Surrogacy Fees in a Personal Injury Claim

Mike Vogel A precedent setting personal injury decision out of British Columbia was recently released, Wilhelmson v. Dumma, 2017 BCSC 616. The case arose from a major head on collision that killed 3 and left the Plaintiff in this case with severe injuries. These injuries forced the Plaintiff be in the Intensive Care Unit for [...]

June 12th, 2018|