Category Archives: Family

What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim?

By: Jonnette Watson Hamilton PDF Version: What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim? Case commented on: Lemoine v Griffith, 2014 ABCA 46 The recent decision of the Alberta Court of Appeal in Lemoine … Continue reading

Posted in Family, Property | 1 Comment

Court of Appeal Reaffirms Gay, Non-bio Dad’s Status as Legal Parent

PDF version: Court of Appeal Reaffirms Gay, Non-bio Dad’s Status as Legal Parent Case commented on: DWH v DJR, 2013 ABCA 240. This case began to wind its way through the courts when Mr. H. and Mr. R. split up. … Continue reading

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Intersection Between Different Legal Areas

PDF version: Intersection Between Different Legal Areas Case commented on: Basha v Lofca, 2013 ABQB 159. Introduction It is quite common for certain legal areas to intersect with others in cases that come before the courts. In the recent Alberta … Continue reading

Posted in Conflict of Laws, Family, Immigration and Refugee Law | Leave a comment

The Organized Pseudolegal Commercial Argument (OPCA) Litigant Case

PDF version: The Organized Pseudolegal Commercial Argument (OPCA) Litigant Case Case Commented on: Meads v Meads, 2012 ABQB 571  This decision by Associate Chief Justice John D. Rooke was the subject of much media attention when it was released. That … Continue reading

Posted in Civil Procedure and Evidence, Family | 7 Comments

The Pleasures and Perils of Holograph Wills

PDF version: The Pleasures and Perils of Holograph Wills Case Considered: Lubberts Estate, 2012 ABQB 506  This Court of Queen’s Bench decision interprets a provision in a holograph will.  The case is an example of the not-uncommon human tendency to try … Continue reading

Posted in Family, Property, Wills and Estates | 3 Comments

Non-Fatal Exclusion: The Fatal Accidents Act, Stepchildren, and Equality Rights

PDF version: Non-Fatal Exclusion: The Fatal Accidents Act, Stepchildren, and Equality Rights Case considered: Dares v Newman, 2012 ABQB 328 A father died in a motor vehicle accident. For his grief and the loss of his father’s guidance, care and companionship, … Continue reading

Posted in Constitutional, Family | 1 Comment

Dower Consent Teasers

Case considered: Karafiat v Webb, 2012 ABCA 115 and Webb (Re), 2011 ABQB 89. PDF: Dower Consent Teasers This case shows that the Dower Act, RSA 2000, c D-15 can still throw up intellectual teasers 55 years after this version … Continue reading

Posted in Family, Property | 2 Comments

British Columbia Supreme Court Releases Reference Decision on Polygamy – One Alberta Connection

PDF version: British Columbia Supreme Court Releases Reference Decision on Polygamy – One Alberta Connection Case comment on: Reference re: Criminal Code, s. 293, 2010 BCSC 1588 In 2005, Brian Seaman, Melissa Luhtanen and I, on behalf of the Alberta … Continue reading

Posted in Constitutional, Criminal, Family | 1 Comment

Non-biological father from separated same-sex couple declared a legal parent

PDF version: Non-biological father from separated same-sex couple declared a legal parent  Decision considered: D.W.H. v D.J.R., 2011 ABQB 608 Background Mr. H. and Mr. R. lived together as partners and planned to have a baby through a surrogate mother. … Continue reading

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The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?

PDF version: The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women? Legislation considered: Bill C-19, An Act to amend the Criminal Code and the Firearms Act (“Ending the Long-gun Registry Act”), … Continue reading

Posted in Constitutional, Criminal, Family, Human Rights | 3 Comments