Written by: Matthew K. LeBlanc What happens when a company terminates someone who is both an employee and a shareholder? In Kirke v Spartan Controls Ltd, 2025 ABCA 40 (“Spartan Controls”), the Alberta Court of Appeal reiterated the distinction between a person’s employment rights and their shareholder rights, and held that the payments owed upon […]
Hanak v Hanak, 2024 NSCA 44 Judge: Justice Elizabeth Van den Eynden Subject: Appeal of an Interim Order, Imputation of Income, Fresh Evidence Summary: Mr. Hanak sought leave to appeal from an interim order, which imputed his income at $200,000 for the purpose of determining his support obligations. He argued instead that his annual income should be […]
Fox v. Muise, 2024, NSSC 50 Judge: Honourable Justice Theresa M Forgeron Subject: Child Support, Unjust Enrichment Summary: Leonard Fox and Margaret Muise have two children born in 2001 and 2004 from a common-law relationship that ended in 2010. In 2012-2013, a contested hearing decided on parenting, child support, and unjust enrichment. Mr. Fox seeks to […]
A recent decision from western Canada gives employers confidence that circumstantial evidence can be relied on to justify the termination of an employee for time theft. The decision also provides support for categorizing time theft as theft in the ordinary sense of the word, for disciplinary purposes. Time theft is generally understood as the falsification […]
Owda v Hussini, 2024 NSSC 23 Judge: Honourable Justice Cindy Cormier Subject: Relocation, Parenting Time, Child Support Summary: Ms. Owda filed an initial application under the Parenting and Support Act to seek to have Mr. Hussini pay child support. The mother claimed that Mr. Hussini was not contributing to the children’s expenses and that he […]
Kulu v. Atuanya, 2024 NSSC 2 Judge: Honourable Justice Theresa Forgeron Subject: Parenting and Child Support Summary: The parties were in a brief relationship in March 2007. There is one child of the relationship, B. He is seventeen years old. The mother lives in Nova Scotia and the father lives in the USA. B has […]
Strait-Hinnerichsen v Strait-Hinnerichsen, 2023 NSSC 340. Judge: Honourable Justice Ingersoll Subject: Division of Assets, Unequal Division, Parenting, Child Support, and Special and Extraordinary expenses. Summary: The parties separated after almost 20 years of marriage. They have agreed to a shared parenting arrangement. Each issue in this decision will be discussed separately below. The first issue concerned […]
In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick. In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]
CT v JB, 2023 NSSC 351 Judge: Justice Lee Anne MacLeod-Archer Subject: Costs Summary: The parties participated in a nine day hearing on the issues of parenting and child support. CT was awarded primary care and decision-making responsibility and JB was ordered to pay prospective and retroactive child support. CT sought lump costs of $60,000 inclusive […]
These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all. We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]