Category Archives: Family

Non-Biological Father from Separated Same-Sex Couple Declared a Legal Parent

By: Melissa Luhtanen PDF Version: Non-biological Father from Separated Same-Sex Couple Declared a Legal Parent  Case Commented On: 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 … 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?

By: Jennifer Koshan 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 … Continue reading

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

Tracing Original Property to Replacement Property: What Evidence is Required?

PDF version: Tracing Original Property to Replacement Property: What Evidence is Required?  Case considered: Scheffelmeier v. Krassman, 2011 ABCA 64 In Scheffelmeier v. Krassman the Alberta Court of Appeal once again dealt with tracing exempt property under the Matrimonial Property … Continue reading

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New Rules of Court Interpreted: Rule 12.48 and Summary Judgment in Divorce Proceedings

Case commented on: Maykowski v. Maykowski, 2011 ABQB 31 This case is described by Justice D.C. Read as “high-conflict divorce proceedings” commenced by the husband in combination with a claim for matrimonial property division, and in which the wife counterclaimed … Continue reading

Posted in Civil Procedure: New Rules of Court, Family | 1 Comment

The Saskatchewan Court of Appeal’s Marriage Commissioners Decision – What are the Implications for Alberta?

Case and Legislation Commented On: In the Matter of Marriage Commissioners Appointed under the Marriage Act, SS 1995, c M-4.1, 2011 SKCA 3; Marriage Act, RSA 2000, c M-5 The Saskatchewan Court of Appeal ruled last week on the constitutionality of proposed … Continue reading

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