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So far Vogel LLP has created 158 blog entries.

Am I Common Law in Canada?

Andy Hayher In the recent decision of Giesbrecht v. Schreiner  from the Saskatchewan Court of Queen’s Bench, the Court reviewed the indicia of what it means to be “Common Law” in Canada. In a lot of cases it will be very clear, however, there can be those instances where the Court needs to make a [...]

September 12th, 2017|

Why Good Fences (and Facebook Privacy Settings) Make Good Neighbours

Emily Gajda We’ve all experienced and know the frustration of dealing with a nasty neighbour. However, the Supreme Court of British Columbia recently found a woman liable to pay her neighbour nearly $70,000 in damages after posting negative comments about him on Facebook. In Pritchard v. Van Nes, 2016 BCSC 686, the Pritchard family [...]

September 7th, 2017|

Choosing a School in the Best Interests of the Child

In a separation, the decision of where to send children to school can be one of the most important decisions for parents. Consequently, it is one of the decisions that can be disputed the most if parents do not agree. It is preferred that parents make decisions about schools on their own, and it is uncommon [...]

September 5th, 2017|

Sexual Assault – Assault or Battery and Limitation Periods

Doug PerrasThe Alberta government has introduced legislation - Bill 2 - that has eliminated limitation periods for claims which involve sexual assault or battery. A limitation period is the time limit for filing a court action after the wrong which gave rise to the action occurred. For most actions in Alberta the limitation period is [...]

August 29th, 2017|

Engagement Rings: To Have and To Hold – and To Keep?

The Matrimonial Property Act (the “Act”) sets out how property is to be distributed between married spouses in Alberta upon their separation or divorce. The Act provides that property is to be distributed equally between spouses unless the property is enumerated as being (1) exempt or (2) distributable in a just and equitable manner.Property acquired [...]

August 22nd, 2017|

Freedom of Religion in a Post-Separation, Co-Parenting Framework

Brett Coleman Religion is often a sensitive topic. Sometimes, a difference in faith is not an issue when two people are in love. However, religion invariably becomes a contentious issue post-separation, particularly if there are children involved. Parents going through a separation quickly become well-versed in parenting “litigation language”, which holds at its center the [...]

August 15th, 2017|

Nesting Arrangements – Cozy or Crazy?

Melody Rodger In the recent Alberta Queen’s Bench decision of Kowalchuk v Kowalchuk, 2017 ABQB 64, Justice H,B, Veit ordered that the parents of two children, aged 11 and 8, would have shared parenting of the children with a “nesting” provision. That is; the children would continue to live in the matrimonial home and [...]

August 8th, 2017|

Break-ups of the Rich & Famous

Emily Gajda Breaking up is hard to do, even if you’re rich and famous. After a short, tumultuous and highly-publicized relationship, celebrities Rob Kardashian (of the infamous Kardashian clan) and Blac Chyna (model and entrepreneur) recently broke up. The break up quickly went from bad to worse when Kardashian posted several explicit photos and videos [...]

August 1st, 2017|

Challenging Expense Deductions

2017 Decision Clarifies the Law in Alberta Corporate expense deductions such as vehicle, phone, travel, and meal expenses are often a point of contention when calculating the income of self-employed parents for the purposes of child support. According to sections 18-21 of the Federal Child Support Guidelines, if a parent derives a personal benefit from [...]

July 25th, 2017|

The Maintenance Enforcement Program (MEP) Increase in Fee

Aida Rafie In accordance with the law, debtors who owe child support must comply with support orders or legal agreements to pay support. If debtors do not pay support, the federal, provincial and territorial laws set out a number of tools to assist in enforcing support obligations. The Maintenance Enforcement Program (MEP) in Alberta is [...]

July 18th, 2017|