Author Archives: Family Law Solutions

The overall rate of police-reported family violence increased for the 3rd consecutive year, rising 13% over this period as per Statistics Canada. The stressors from COVID-19 have done nothing but exacerbated this issue. Effective April 1, 2021, Alberta has now become the second province in Canada to introduce “Clare’s Law” – known in Alberta asContinue reading “Clare’s Law has come to Alberta”

In Dove v MacIntyre, 2021 NSSC 1, the Applicant/Mother sought a retroactive variation of child support and an adjustment to the Section 7 expenses after having financed an 18-month dental hygiene program for the parties’ 26-year old daughter. Despite her age and having had periods of self-sufficiency, the Supreme Court of Nova Scotia found thatContinue reading “Dove v MacIntyre, 2021 NSSC 1”

Family law lawyers have seen a myriad of new parenting cases related to the decision to vaccinate their child(ren), which is precisely what occurred in the recent Ontario case AP v LK, 2021 ONSC 150. The Court determined that the crux of the issue on appeal was whether the arbitrator had committed a reviewable errorContinue reading “Parenting & the COVID-19 Vaccine”

The long awaited amendments to the Divorce Act come into effect today. The most significant changes relate to:using the term “parenting responsibilities” instead of “custody” or “access”;new guidelines regarding parent and child(ren)relocation; andmandatory consideration of domestic violence, which covers physical, psychological, and financial abuse. For more information, the Department of Justice has provided an overviewContinue reading “Divorce Act Amendments”

It is rare that the Court of Appeal grants a stay of enforcement of a lower court order and this is one of those rare cases. In the recent Alberta Court of Appeal decision, Lloyd-Martinez v Martinez, 2021 ABCA 13, the Court considered the appellant Mother’s request to stay the parenting schedule ordered in caseContinue reading “Lloyd-Martinez v Martinez, 2021 ABCA 13”

Parental alienation occurs when one parent inappropriately attempts to negatively influence a child(ren) against the other parent. In some instances, this can lead to the child refusing to visit or have a relationship with the other parent. In the recent case Glegg v Glass, 2020 ONCA 833. The appellant Father alleged that the Mother alienatedContinue reading “Parental Alienation? Case Summary – Glegg v Glass, 2020 ONCA 883”

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In Postans v Davidson, 2021 ABQB 30, the Honourable Madam Justice Grosse considered a constructive trust claim and imposed an aggressive remedy over a portion of the Defendant’s pension that was acquired during the relationship. The unravelling of common-law parties pre-cohabitation assets and sharing continues to be a very difficult area to advise clients. ForContinue reading “Postans v Davidson, 2021 ABQB 30”

The recent case Please v Herjavec, 2020 ONCA 810, raises the bar for the benchmark for spousal support in Canada. The Ontario Court of Appeal considered the parties 24-year marriage and found that spousal support must bear some resemblance to the standard of living during the marriage, however luxurious it may have been. Even thoughContinue reading “Plese v Herjavec, 2020 ONCA 810”