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Occupation Rent in Family Law: Can One Spouse Claim “Rent” After Separation? Busenius v Busenius
One of the more misunderstood concepts in family property disputes is “occupation rent.” A common question after separation is: “If my spouse stayed in the home after separation while I moved out, can I claim rent from them?” The answer is: sometimes, but not always.
Alberta courts treat occupation rent as a discretionary remedy, and it is awarded cautiously, particularly in the family law context.

Misturah (Misty) Oshodi
May 143 min read


Family Violence Allegations in Alberta Parenting Disputes
In Alberta parenting disputes, allegations of family violence are addressed through the best interests of the child analysis. The court’s role is not to punish a parent, but to determine whether the proposed parenting arrangement protects the child’s physical, emotional, and psychological safety while supporting the child’s healthy development and relationships where appropriate.

Bawan Kaur
May 144 min read


Protecting Family Assets: Preservation Orders and Mareva Injunctions
In family law, it is widely acknowledged that complete financial disclosure can be elusive. When one party maintains control over family assets, the other may be entirely unaware of the full scope of the family property. Even with mutual financial awareness, there remains a significant incentive for a party to conceal or dissipate assets, a task made increasingly complex by technological advancements like blockchain and the global nature of modern finance.

Rylan Alston
May 114 min read


Dunmore v. Mehralian (2025 SCC 20): With Whom the Child Lives
The Supreme Court of Canada’s recent decision in Dunmore v. Mehralian provides important guidance on how courts should determine a child’s “habitual residence” in parenting disputes involving competing jurisdictions. The ruling reinforces a flexible, child-focused approach and moves further away from rigid or technical interpretations that prioritize parental intention over the lived reality of the child.

Ozan S. Guzel
May 113 min read


When Is an ‘Urgent Application” Actually Urgent in Alberta Family Law?
Family law cases usually move on a careful, measured schedule. Deadlines give everyone enough time to prepare and respond, and most disputes are resolved within these timelines. But some situations demand immediate attention where waiting weeks or months could put a child, a party, or critical property at risk.
That’s where an urgent application comes in. It’s a special process that family Court uses to deal with truly time-sensitive matters, but it’s not a shortcut for disp

Bawan Kaur
Apr 94 min read


Cunningham v Seveny, 2017 ABCA 4Calculating a Business Owner’s Income to Determine Support
Family law matters can become significantly more complex when one party operates a corporation, as there are various ways to allocate and report income. These methods can make it difficult for another party to ascertain the precise earnings generated through the business. The Alberta Court of Appeal addressed this issue in Cunningham v Seveny, 2017 ABCA 4 (the “Cunningham decision”).

Rylan Alston
Apr 95 min read


Can the Court “Guess” Your Income? Understanding Imputed Income in Alberta Family Law: The Case of Peters v Atchooay
One of the most common disputes in family law is not whether support should be paid, but how much. And when one party’s income is unclear, inconsistent, or suspiciously low, the Courts may step in and do something many people don’t expect: assign (or “impute”) an income that differs from what the person claims to earn

Misturah (Misty) Oshodi
Apr 93 min read


When Acting Like a Parent Has Legal Consequences: What Chartier v. Chartier Means for You
Blended families are common, and many people take on meaningful parenting roles for children who are not biologically their own. What many don’t realize is that those roles can come with lasting legal responsibilities.
A key Canadian case, Chartier v. Chartier, decided by the Supreme Court of Canada, makes this very clear:
If you act like a parent, the law may treat you like one.

Ozan S. Guzel
Apr 93 min read


Child Support in Alberta: Who pays for Special or Extraordinary Expenses?
When parents pay child support in Alberta, most are familiar with the basic monthly payment calculated under the Federal Child Support Guidelines. However, many parents are unsure about special or extraordinary expenses, also called Section 7 Expenses. Understanding how these expenses are handled can help prevent disputes and ensure their child’s needs are properly supported.

Bawan Kaur
Mar 192 min read


Civil Contempt in Family Law | Envacon Inc v 829693 Alberta Ltd, 2018 ABCA 313 (CanLII)
In family law, contempt is a recurring issue. Parties frequently fail to produce mandatory financial documentation, notwithstanding specific court orders requiring such disclosure. A parent may also fail to adhere strictly to precise parenting arrangement terms. However, non-compliance with a court order does not automatically mean a party should commence formal civil contempt proceedings.

Rylan Alston
Mar 127 min read


Case Brief: Laurence v Ross, 2025 ABKB 131 | Mobility/relocation determination
Case Purpose: Mobility/relocation determination— Child safety, stability, and well being prioritization— Long-distance parenting regime design— Best Interests of the Child

Stokes Law
Mar 34 min read


Abuse, Trauma, and the Law: Why Staying does not Equal Consent
One of the most misunderstood aspects of family violence is this “if it was that bad, why didn’t they just leave?” Or worse: “Why did they go back?” The reality is that abuse is rarely simple. Neither are the psychological, financial, and legal consequences that follow. It is therefore increasingly important for courts and legal professionals to recognize how the dynamics of abuse can affect an Applicant’s conduct, both during the relationship and after separation.

Misturah (Misty) Oshodi
Mar 33 min read


We Signed an Agreement — Now What?
When couples separate, one of the most common and understandable concerns is this: If we sign an agreement now, will it actually hold up in court later? The Supreme Court of Canada has addressed this question in important ways in two leading decisions: Miglin v. Miglin and Anderson v. Anderson. Although these cases deal with different legal issues. Together they offer clear guidance about how courts treat formal and informal domestic agreements.

Ozan S. Guzel
Mar 34 min read


The Enforceability of Unsigned Settlement Agreements: Shibley v Shibley¹.
In the case of Shibley v Shibley , the Alberta Court of King’s Bench enforced an unsigned separation agreement reached during two four-way settlement meetings, rejecting a later attempt to reopen child support and property issues based on alleged disclosure deficiencies and “buyer’s remorse.”

Misturah (Misty) Oshodi
Feb 132 min read


The intersection of Family Law and Adult Guardianship/Trusteeship.
Parental Access to Child’s Health Records Where Disclosure May Impact Gender Identity and Safety— Parental Alienation—Family Violence—Best Interest of the Child
Family law often brings to mind formal contracts crafted with lawyers and long negotiation sessions. But in Anderson v. Anderson, 2023 SCC 13, the Supreme Court of Canada took a step into the real world of family breakdowns.

Rylan Alston
Feb 133 min read
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