Category Archives: Family

A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

Posted on August 21, 2009 by Jennifer Koshan

Cases Considered:  J.S. v. D.J.K., 2009 ABQB 426. PDV Version: A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act Justice Donald Lee is a prolific author of judgments posted to the Alberta Courts website, and one of … Continue reading →

Posted in Civil Procedure, Evidence, Family, State Responses to Violence | Comments Off on A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

Courts send message to legislature that the Child, Youth and Family Enhancement Act requires amendment

Posted on November 24, 2008 by Jennifer Koshan

Cases considered: Alberta (Child, Youth and Family Enhancement, Director) v. Q.F., 2008 ABQB PDF Version:  Courts send message to legislature that the Child, Youth and Family Enhancement Act requires amendment It is always interesting to see a court sending a … Continue reading →

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Disinterment of RCMP Officer may proceed despite parents’ wishes

Posted on June 7, 2008 by Jennifer Koshan

Cases Considered: Johnston v. Alberta (Vital Statistics), 2008 ABCA 188 PDF Version: Disinterment of RCMP Officer may proceed despite parents’ wishes In a previous post, I reviewed a number of decisions of the Alberta courts relating to the disinterment of … Continue reading →

Posted in Administrative Law, Family | 5 Comments

Do Common-Law Spouses have Dower Rights?

Posted on May 24, 2008 by Jonnette Watson Hamilton

Cases Considered: Nielson v. Paumier Estate, 2008 ABCA 159 PDF Version:  Do Common-Law Spouses have Dower Rights? Strictly speaking, Mr. Justice Jack Watson’s decision in Nielsen v. Paumier Estate is simply a decision denying an application to restore an appeal … Continue reading →

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Counsel Shall Not Bear Witness: Clarifying the Obligation of Counsel to Withdraw When Required to be a Witness

Posted on March 4, 2008 by Alice Woolley

Cases Considered: Toliver v. Koepke, 2008 ABQB 37 PDF Version: Counsel Shall Not Bear Witness: Clarifying the Obligation of Counsel to Withdraw When Required to be a Witness During divorce litigation the Plaintiff and Defendant disputed the existence of a … Continue reading →

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