In Kalmbach v Kalmbach, 2024 ABCA 281, the applicant sought a stay pending appeal from an order of the case management justice, which held her in civil contempt and stayed the payment of child support, spousal support, arrears in support and mortgage payments until she purged her contempt. Under rule 14.48, the Court has discretion to stay an Order in advance of appeal. Rule 14.48 reads as follows:    14.48 An application to stay proceedings or enforcement of a decision pending

Lockdowns, restrictions, and other public health measures have been essential in preventing the spread of COVID-19 and in protecting our most vulnerable citizens. While collective efforts keep us and others safe from COVID-19, it creates an isolating and unsafe situation for individuals living with an abusive partner or family member. The restrictions can ultimately isolate vulnerable individuals and can limit opportunities for them to safely leave a dangerous situation. Both the EPS and RCMP have seen increased calls relating to

In Alberta, adult interdependent partners, or to use a phrase people are more familiar with, “common law” couples, now have similar protections to married couples when it comes to property division when their relationship breaks down. These are generally couples who have lived together in a “relationship of interdependence” for at least three years, or for a shorter period of time if they have children together, or couples who have chosen to sign an “adult interdependent partner agreement”. On January

The Alberta Courts are currently responding to the COVID-19 pandemic and doing their best to

McCuaig Desrochers LLP wants to alert you to upcoming amendments to the Matrimonial Property Act. These Amendments substantially change the property rights of people living in Alberta that are Married or in Common Law Couples. As of January 1, 2020, the Family Property Act will be in force in Alberta. How do these changes affect division of property at the end of a relationship? The most notable change is that Common Law Couples will be entitled to the same property