In May 2020, the Court of Queen’s Bench implemented a Family Docket Court (“FDC”) in Edmonton and Calgary. All family matters, with a few of limited exceptions, must now attend FDC before any other Court process can be scheduled. The purpose of FDC is to assess each family’s needs and direct them to the most appropriate services and court processes. Consequently, the Judge sitting in FDC can grant Consent Orders (Orders both parties agree on) but cannot adjudicate contested applications.
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
Divorce with a Business The case of Aubin v Petrone, 2020 ABCA 13 (Leave to appeal to the Supreme Court of Canada denied.) is an important decision at the intersection of family law and corporate law that clearly demonstrates the application of fundamental corporate law principles in the context of family law. In this case, the Alberta Court of Appeal, the highest court in Alberta “pierced the corporate veil” and granted a spouse a security interest directly against the property of her spouse’s corporation to secure her equalization payment owing from her husband following their divorce. To contextualize this application
Separating Unmarried Couples and the Family Home in Alberta – the Family Property Act and the Dower Act
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
Alberta now has its own written Court decision for emergency parenting applications. In SAS v. LMS, 2020 ABQB 287, the father of two children applied to have the current parenting arrangement enforced after the children’s mother informed him that their children would be staying with her due to her concerns with his conduct during the current COVID-19 environment. While the Alberta Courts are still only hearing emergency or urgent matters, which require special permission from the Court to be heard,
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