Blogs, Recent Decisions, & News

Why it's easier now to update your Will

Why it's easier now to update your Will

Posted Dec 29th, 2021

The process of updating your Last Will and Testament (“Will”), should not be an arduous task that ends up being pushed aside due to the anxiety of dealing with this essential document.    Estate lawyers with a modernized practice can and should make it as easy as possible to complete an update of a Will, or the completion of your first Will; leaving you feeling comfortable that the process can be completed without stress and in a timely fashion. Completing a new or updated Will can be as ...

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Fun facts about lawyer Nicholas J. Van Duyvenbode - learn more about our legal family

Fun facts about lawyer Nicholas J. Van Duyvenbode - learn more about our legal family

Posted Dec 6th, 2021

Nicholas has been practicing as a lawyer since 2013.  During this time, he has had a series of non-law related successes in his life. Nicholas enjoys karaoke nights out with friends and taking to the mic for some not-so-crowd pleasing pop songs.  Notwithstanding the repeated attempts of his friends to prevent him from organizing further karaoke nights, these nights continue to persist. Every Halloween, a militant organization of Halloween festivities and compulsory costumes is required...

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Where to start when responding to an Emergency Protection Order (EPO)

Where to start when responding to an Emergency Protection Order (EPO)

Posted Nov 16th, 2021

If the criteria are met, the EPO will be granted, and the EPO document will be generated by the Court. A police officer will serve the Respondent with the EPO document. From this point forward, the Respondent must abide by the conditions of the EPO or face serious legal consequences. The police officer may accompany the Respondent back to the family home to collect a few of their personal belongings, which this service must be booked and confirmed in advance of this occurring. An individu...

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What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

Posted Nov 9th, 2021

A Personal Representative must take prudent steps to ensure that real property is kept to a standard that damages to the property are protected against, that if there is the opportunity that the property is utilized for income generation, while it continues to be retained by the estate, and lastly that if the property is to be sold in a timely fashion and steps taken to obtain the highest sale price.

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Family Dispute Resolution Processes- An Overview

Family Dispute Resolution Processes- An Overview

Posted Oct 11th, 2021

In family law matters, court litigation can be expensive, intimidating and time consuming, and may escalate the conflict in a family rather than resolve it. The Divorce Act now requires families to try to solve their family law issues by using family dispute resolution processes, where appropriate. There is also an obligation of legal advisors to encourage their family law clients to try to resolve issues using family dispute resolution, unless it would be clearly inappropriate to do so. The...

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Child Support: Who contributes towards the payment of post-secondary education?

Child Support: Who contributes towards the payment of post-secondary education?

Posted Sep 20th, 2021

Separated parents may be surprised to learn that their obligation to pay child support can extend well past their child’s 18th birthday. In Alberta, the Family Law Act and/or the Divorce Act govern the payments of child support. It has been widely acknowledged that children who are attending post-secondary education or training still require financial support from their parents. In turn, Courts have a and continue to routinely order both separated parents to support their child(ren) through...

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Family Law Dictionary of Common Words

Family Law Dictionary of Common Words

Posted Sep 7th, 2021

The breakdown of a relationship and marriage can be a stressful and emotional experience. The associated legal proceedings can be equally frustrating and confusing. Many people are unfamiliar with common terms used in the separation and divorce process. For your convenience, we have compiled the following list of commonly used but unfamiliar words you may encounter during your separation or Court experience in Alberta

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Fun facts about lawyer Brad J.P. Webber - learn more about our legal family

Fun facts about lawyer Brad J.P. Webber - learn more about our legal family

Posted Sep 1st, 2021

In both his personal and professional life, Brad provides the positive energy expected of a Millennial while maintaining the interests and attributes of a Baby Boomer. While Brad is quick to adopt innovative strategies and technologies in his advocacy, Brad’s Boomer disposition is evidenced by the traditional flair he brings to his practice style – appreciating the quality of a good pen, the importance of a firm handshake, and always making himself available for a good old-fashioned phone ca...

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What legal rights do grandparents have for time with their grandchildren?

What legal rights do grandparents have for time with their grandchildren?

Posted Aug 23rd, 2021

Grandparents play an important role for many children well into their adulthood, and many grandparents treasure the time they get to spend with their grandchild(ren). Unfortunately, the separation of parents and other life events can have an unforeseen impact on the relationship between grandparents and their grandchild(ren). In some circumstances, family members are unable to agree on the contact grandparents may have with their grandchild(ren). In Alberta, the Family Law Act allows grandpa...

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Can Separation Agreements be overturned or altered?

Can Separation Agreements be overturned or altered?

Posted Aug 14th, 2021

Canadian Courts are reluctant to interfere in the private contracts made between individuals. However, contracts in the family law context, whether separation agreements, prenuptial agreements, or cohabitation agreements, are held to a higher degree of scrutiny than traditional commercial contracts because of the often-unequal power relationships that exist between former spouses. In 2003, the Supreme Court of Canada (SCC) decided the case of Miglin v. Miglin, which had a significant impa...

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