As innovative as the decision might seem, Kerr v. Baranow represents nothing more than a renovation and modernization of the law of unjust enrichment.1 The cause of action is relatively well-established, as is its analysis. The Supreme Court of Canada has merely tweaked or reinforced each step of the original …
If you are in a situation where you are separating from your spouse and they are not earning the income that you believe they could be earning, you are not entitled to insist that they get a job or find alternative employment, but you may be able to impute income …
In order to set child and/or spousal support payments, the payor’s Guideline Income must first be determined. If a payor is an employee, often his/her Guideline Income will be the amount found on Line 150 of his/her previous year’s income tax return. However, if a payor is self-employed, the amount …
When going through a separation, understanding your financial disclosure obligations is crucial for ensuring a fair division of property, debts, and determining appropriate support payments. Upon separation from your spouse, you are entitled to financial disclosure documents in order to determine what support may be payable (either child support, spousal …
The Civil Marriage Act of 2005 changed Canadian law to allow same-sex partners equal access to marriage for civil purposes on the basis that every individual has the right to equality without discrimination. Since 2005, thousands of same-sex couples have accessed the rights afforded them under the Civil Marriage Act …
Issues that may impact the validity of a Cohabitation or Pre-Nuptial Agreement are typically viewed far too abstractly by parties and lawyers alike. The demise of the relationship or marriage is viewed as merely a remote possibility. Any disputes about the agreement actually culminating in litigation are seen as even …
More than ever, employment and economic forces are conspiring to force some Albertans to consider relocation. In those situations that involve relocation with children of a divorce or separation, this may culminate in a Court application. When one parent seeks a significant relocation with a child, and in so doing …
In 1996, the Federal Government introduced the Federal Child Support Guidelines (the “Guidelines”). The purpose of the Guidelines was to promote consistency and fairness in child support payments. The Guidelines provide for two classes of payment. First is “Section 3” child support, which is based on the payor’s income as …
Alberta residents may remember that in June 2013, the House of Commons agreed to pass a bill before the summer recess that would enable same-sex married couples who were wed in Canada but currently live out of the country to receive divorces from Canadian courts. If it receives royal assent …
Court heads deny comments made by premier that there is a “war” between the courts The heads of Alberta’s provincial court and the Court of King’s Bench have denied comments recently made by Premier Dave Hancock that a “war” between the courts is an obstacle to creating a unified family …
