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 […]
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 […]
Anderson v. Anderson, 2023 SCC 13 Judge: Justice Karakatsanis Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agreement without disclosing their individual finances or seeking independent […]
GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]
Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]
In November 2023, legislative amendments to Part I of the Family Orders and Agreements Enforcement Assistance Act (the “Act”) are expected to come into force. The main goal of these amendments is to assist the courts and provincial entities with the determination of fair and accurate amounts of support in situations where a parent fails […]
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]
It is no secret that family law disputes resolved using the court process come at great personal and financial expense. Being proactive with the use of domestic contracts ensures that both your family and business assets are better protected from costly legal disputes. What They Are Unfortunately, there is great stigma against pre-nuptial agreements because […]
Wolfson v Wolfson, 2021 NSSC 260 Justice Forgeron Issues: Unequal division of assets | Matrimonial property The couple was married for 12 years and have two children. Mr. Wolfson owns shares in 12 companies. The companies own and manage several rental properties. Mr. Wolfson sought to have the shares classified as business assets to exclude […]