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”

Child Support Variation Obligations & Colucci v Colucci, 2021 SCC 24

Another major directive from the Supreme Court of Canada concerning the variation of support obligations in the recent case Colucci v Colucci, 2021 SCC 24. This case puts complete onus on the payor to disclose timely, complete, and accurate financial information for both retroactive increases or decreases of their support obligations. It also reaffirms thatContinue reading “Child Support Variation Obligations & Colucci v Colucci, 2021 SCC 24”

Significant Solicitor-Client Costs Award in Family Law Litigation

The recent case, JWS v CJS, 2021 ABQB 411, was specific to the issue of costs, which were reserved after the 19-day Trial concluded in 2016. The Father’s behavior, described as a “scorched earth” approach to the litigation, caused irreparable harm and financial disparity for the Mother and their 5 children. The Father’s behavior wasContinue reading “Significant Solicitor-Client Costs Award in Family Law Litigation”

Hinz v Hinz, 2021 ABQB 385

Justice Fraser rendered a creative decision in finding that the payor Husband underpaid child support in the recent case, Hinz v Hinz, 2021 ABQB 385.  The Court considered leading cases, Michel v Graydon, 2020 SCC 24 and DBS v SRG, 2006 SCC 37, and found that the party’s failure to exchange financial information since 2010Continue reading “Hinz v Hinz, 2021 ABQB 385”

Dobrovolsky v Dobrovolsky, 2021 ABQB 62

Dobrovolsky v Dobrovolsky, 2021 ABQB 62, is an excellent case that serves as a primer on spousal support, matrimonial property, and dissipation in a long-term marriage. The long-standing principle established in the Family Property Act, RSA 2000 F-4.7, (“FPA”), is that marriage is an economic partnership and marital assets should be divided equally amongst theContinue reading “Dobrovolsky v Dobrovolsky, 2021 ABQB 62”

Caplan v Atas, 2021 ONSC 670

A new and debated online harassment tort has been introduced in the recent case Caplan v Atas, 2021 ONSC 670. Highlighting the “inadequacies in current legal responses”, this case is an extreme instance of relentless and malicious cyber stalking. Although a finding of defamation would have yielded similar remedies, the Honourable Justice Corbett’s decision setContinue reading “Caplan v Atas, 2021 ONSC 670”