Given the many Canadians who have business, assets, work or winter in the United States (“US”), it is not uncommon for someone in Canada to owe money to a US lender. If you went to school in the US, you may even have US student debt. How US debts are treated in a bankruptcy if you cannot repay those … [Read more...]
BenchPress – Vol 41-3
Intolerable Delay, 5 Years: Case 1 Barrett Jordan was charged with a criminal offence in 2008 and his trial ended with his conviction in 2013. He alleged that his Charter right to trial within a reasonable time had been breached and the Supreme Court of Canada agreed. It set out a new standard … [Read more...]
Looking at Mental Health Courts: Should Alberta Pursue Them?
The case of Donald Kushniruk was a tragedy, and it was a tragedy that could have been avoided with due diligence by the proper authorities. A man with no criminal record who had committed a minor crime, which ultimately led to a sentence of just seven days, spent more than two years in jail waiting … [Read more...]
Understanding the Criminal Trial Process
Some 20 years ago, a sexual offender broke into a series of homes in downtown Vancouver. Several of the victims visually identified Ivan Henry as the perpetrator based on an in-person line up, a photographic line up or when he was sitting as the accused in court. Given the similarities between the … [Read more...]
Representing Yourself at the Tax Court
The Tax Court of Canada has gone to some lengths to make information available for self-represented taxpayers who want to appeal a tax decision. The website of the Court prominently displays a tab for Self-represented litigants. Under the tab there is a wealth of information about forms, … [Read more...]
Divorce and Bankruptcy Law in Canada
Almost one in five insolvencies in Canada (a bankruptcy or consumer proposal) involves someone who has experienced a marital or relationship breakdown. Often the financial problems occurred long before the divorce. Financial pressures often increase after divorce as two households are now trying to … [Read more...]
Self-Represented Parties at the Alberta Appeals Commission for Worker’s Compensation
The Alberta Appeals Commission for Worker’s Compensation is a tribunal that hears appeals from decisions made by the Worker’s Compensation Board (WCB). In Alberta the scheme for worker’s compensation is governed by the terms of the Worker’s Compensation Act RSA c. W- 15 and WCB policies that amplify … [Read more...]
What Types of Proceedings Can You File Under the Bankruptcy & Insolvency Act?
The Bankruptcy & Insolvency Act regulates insolvency law in Canada. This legislation governs both business proceedings and personal procedures. In terms of personal insolvency, individuals have three basic legal measures available to them to obtain relief from creditors. The primary types of … [Read more...]
Missing the Mark: Why the Post-Ghomeshi Outrage Makes Little Sense
Almost everyone has an opinion about one of the most followed trials in Canadian history. The Jian Ghomeshi trial left a trail of furious people in its path like an F5 tornado that veered off course. Many of those who are angry about the Ghomeshi trial allege that there was an injustice— that the … [Read more...]
Dealing with Pets after Separation, Part 2: Going to Court
In the first half of this article, I wrote about the laws on personal property that might apply when a couple can’t agree on how they’ll manage their pets after they separate. In this half, I’ll talk about the sorts of orders you can and can’t ask the court to make about pets, assuming you and your … [Read more...]