Children’s Rights & the COVID-19 Vaccine

A case summary on OMS v EJS, 2021 SKQB 243. Should a 12-year-old child be ordered to receive the COVID-19 vaccine if that child does not want to be vaccinated? Justice Megaw undertook an extensive analysis of relevant case law and legislation to address exactly that question in OMS v EJS, 2021 SKQB 243. ThoughContinue reading “Children’s Rights & the COVID-19 Vaccine”

Public Disclosure of Private Facts: ES v Shillington, 2021 ABQB 739

In an effort to remedy potential gaps and limitations in the new Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”), Justice Inglis established a new liability for a cause of action for damages related to the public disclosure of private facts in ES v Shillington, 2021 ABQB 739 (“Shillington”). In Shillington, the Plaintiff sought #damages underContinue reading “Public Disclosure of Private Facts: ES v Shillington, 2021 ABQB 739”

Family Law & Non-Disclosure Agreements

Non-Disclosure Agreements (“NDAs”) are used to protect sensitive, confidential information from being shared or made available to parties outside of that agreement. Though commonplace in business transactions, NDAs potentially also have a place in family law to protect the interests and sensitive information amongst spouses, #amily members, or otherwise. Recently, we prepared an NDA for a client’s employed nanny who attends at the family home, assistsContinue reading “Family Law & Non-Disclosure Agreements”

New Divorce Act Amendments & Relocating with Children

The recent case, JYL v TLL, 2021 ABQB 680, is another one to add to your #precedent library. Effective March 1, 2021, amendments were made to the #Divorce Act, RSC 1985, c 3 (2nd Supp). Those amendments were significant in specifying the factors for the bests interest of the child, parenting, and relocation. The issueContinue reading “New Divorce Act Amendments & Relocating with Children”

COVID19 & Parenting Rights

Over the past few months, the number of #COVID19 cases amongst children has increased significantly and #children under age 12 remain ineligible to receive the vaccine. A recent decision out of Chicago stripped a parent of all ongoing #parenting rights over her 11-year old son due to the fact she was #unvaccinated. The other parent had already been #vaccinated. Despite the fact thatContinue reading “COVID19 & Parenting Rights”

Step-Parents & Child Support

A case summary of Nyereyogana v Schofield, 2021 ABQB 66 The recent #Alberta case, Nyereyogana v Schofield, 2021 ABQB 662, discusses child support responsibilities for “in loco parentis children” by a #stepparent versus a biological #parent and the termination of child support at age 18. The case also deals with a long delay by the applicant in pursuing #childsupport obligations and concludes that childContinue reading “Step-Parents & Child Support”

AA v NR, 2021 QCCS 3101 – $47,000 Punitive Damages in Quebec Domestic Violence Case

The extensive domestic violence history detailed in the recent Quebec Superior Court decision, AA v NR, 2021 QCCS 3101, resulted in the Plaintiff being award approximately $47,000.00 in punitive, pecuniary, and non-pecuniary damages. In his decision, Justice Moore denounced domestic/conjugal violence and explained that the Defendant’s lack of remorse necessitated punitive damages impressing the seriousnessContinue reading “AA v NR, 2021 QCCS 3101 – $47,000 Punitive Damages in Quebec Domestic Violence Case”

Relocating of Parents and Children in Family Law

Over the past 20-years, the Supreme Court of Canada (“SCC”) has declined to grant leave to appeal on any cases dealing with mobility/relocation of parents and children in family law matters. This has created challenges for counsel advising clients on the possible outcomes of such applications. Several forward thinking/activist Justices have been appointed in theContinue reading “Relocating of Parents and Children in Family Law”

Malton v Attia, 2021 ABQB 503

Malton v Attia, 2021 ABQB 503, establishes a clear threshold of the competence required for lawyers in claims for professional negligence against them. Established in tort as well as contract ”a lawyer’s duty under his or her retainer is to meet the standard of care of a reasonably competent member of the profession…” (para 3).Continue reading “Malton v Attia, 2021 ABQB 503”

LESA Family Law Appeals Seminar

Are you a legal professional looking to expand your knowledge on Family Law Appeals? The Legal Education Society of Alberta (“LESA”) is sponsoring a *new* seminar “Family Law Appeals” on October 28 and November 18, 2021. LESA is a provincial body that sponsors seminars on all aspects of law to keep the legal profession currentContinue reading “LESA Family Law Appeals Seminar”