Category Archives: Family

Unified Family Courts: An Established Mechanism for Improving Access to Justice

By: John-Paul Boyd PDF Version: Unified Family Courts: An Established Mechanism for Improving Access to Justice Lawyers practicing in jurisdictions with multiple trial courts and no unified family court will be aware of the challenges facing litigants without counsel. First there’s choosing … Continue reading

Posted in Access to Justice, Family | 1 Comment

How lawyers resolve family law disputes

By: John-Paul Boyd PDF Version: How lawyers resolve family law disputes This past July I was able to sample the views of 167 lawyers and judges attending the Federation of Law Societies of Canada‘s National Family Law Program in Whistler, British … Continue reading

Posted in Access to Justice, Family | Leave a comment

The Vicious Spiral of Self-Representation in Family Law Proceedings

Written by: John-Paul Boyd PDF Version: The Vicious Spiral of Self-Representation in Family Law Proceedings A lot of good research on litigants without counsel has been published in the last three years, most notably, in my view, Julie Macfarlane‘s Identifying and Meeting … Continue reading

Posted in Access to Justice, Family | Leave a comment

Deference, Discretion, and Adjudicative Substitution

By: Camille Sehn PDF Version: Deference, Discretion, and Adjudicative Substitution Case Commented On: E.G. v Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 237 Editor’s Note: The University of Calgary Faculty of Law runs a fantastic legal clinic, … Continue reading

Posted in Family | Leave a comment

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

Posted in Family | Leave a comment

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