Hayher Lee LLP

Hayher Lee LLP Calgary-based boutique law firm, built around an exclusive client experience.

02/12/2025

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial multilateral treaty aimed at protecting children from the lasting harm of international abduction by a parent or guardian. By ensuring the prompt return of children to their habitual residence, it upholds their rights and safeguards their welfare.

Canada, including Alberta, is a signatory to the Convention, actively working with other member countries to expedite the return of abducted children.

Navigating the complexities of international child abduction cases under the Hague Convention can be challenging. Our experienced team is here to assist and provide comprehensive legal support for those facing these difficult situations.

https://www.hayherlee.com/the-hague-convention-and-international-child-abduction/

02/10/2025

In Alberta, personal injury damages for pain and suffering or future care are generally exempt from property division. However, compensation for income loss during the marriage is not exempt. The burden is on the person seeking an exemption to prove which portion of the settlement relates to pain and suffering, not economic loss to the marriage.

Recent cases show that the Court may require documents from the personal injury law firm or apply an assumption about the breakdown of the settlement.

If you're dealing with a personal injury settlement and property division, contact Hayher Lee LLP for expert advice.

https://www.hayherlee.com/do-i-have-to-share-a-personal-injury-settlement-with-my-ex-spouse/

02/06/2025

In Alberta, a will isn't always final.

Family members, such as spouses or children, can apply to the Court for support if a will doesn’t provide adequate maintenance. The Court considers factors like the deceased’s relationship with the family member, their financial needs, and the estate’s distribution.

If you believe you haven’t been adequately provided for, you may have grounds to claim family maintenance and support. Contact Hayher Lee LLP for expert guidance on navigating this process, and read more in Marty's article below.

https://www.hayherlee.com/family-maintenance-and-support-claims/

02/04/2025

Child support is a vital aspect of family law in Alberta, ensuring that children's financial needs are met after a parental relationship ends. The Federal Child Support Guidelines provide a standardized framework for determining the amount of support owed, based on the paying parent's income and the number of children involved. However, deviations from these guidelines may be necessary depending on factors like shared parenting arrangements or special expenses.

Enforcement of child support is managed by the Maintenance Enforcement Program (MEP), which can take actions such as garnishing wages or suspending licenses. Additionally, child support orders can be modified if there is a significant change in either parent's financial situation or the child's needs.

For parents navigating this process, seeking legal guidance is crucial to ensure that both rights and obligations are properly understood and managed.

https://www.hayherlee.com/navigating-child-support-in-alberta-what-you-need-to-know/

01/31/2025

Understanding property division in Alberta is crucial when facing a separation or divorce. Governed by the Family Property Act, the process includes dividing all assets and liabilities acquired during marriage or adult interdependent partnerships. However, exemptions exist, such as pre-owned assets, gifts, inheritances, and certain insurance claims. These, plus potential increases in value, can influence the outcome.

Agreements like pre-nuptials and cohabitation contracts can also set customized terms. Courts may order unequal division based on various factors, including economic contributions and asset dissipation.

Seeking expert legal guidance ensures clarity and fairness in navigating property division. At Hayher Lee LLP, we’re here to help.

https://www.hayherlee.com/navigating-the-family-property-act-in-alberta/

01/28/2025

An Enduring Power of Attorney (POA) is a powerful tool for managing another’s financial and legal affairs, carrying the critical responsibility of fiduciary duty. Unfortunately, breaches can occur, leading to serious financial harm to the donor.

Common violations include misusing funds for personal expenses, gifting assets improperly, or selling donor property below market value. Courts address these breaches with two primary goals: restitution to restore the donor's position and deterrence to prevent future misuse.

If you're navigating the complexities of a POA or suspect a fiduciary breach, our experienced team at Hayher Lee LLP is here to help.

https://www.hayherlee.com/power-of-attorney-the-breach-of-fiduciary-duty/

01/24/2025

Spousal support for high-income earners in Alberta comes with unique challenges. The Spousal Support Advisory Guidelines (SSAG) are helpful for up to $350,000, but beyond that, courts use discretion, considering the specific facts and circumstances of each case.

The 'ceiling' isn’t a cap but a shift to more personalized assessments based on fairness and the objectives of the Divorce Act, as noted in 𝐇𝐚𝐭𝐡𝐚𝐰𝐚𝐲 𝐯 𝐇𝐚𝐭𝐡𝐚𝐰𝐚𝐲 and Alberta cases like 𝐃𝐞 𝐖𝐢𝐧𝐭𝐞𝐫 𝐯 𝐃𝐞 𝐖𝐢𝐧𝐭𝐞𝐫.

High-income spousal support requires tailored advice to navigate effectively - visit the link below to learn more.

https://www.hayherlee.com/high-income-spousal-support/

01/20/2025

Predatory marriage is an often overlooked but serious issue affecting some of the most vulnerable members of our community—our elderly. These marriages occur when a vulnerable individual, often with diminished mental capacity due to age or dementia, becomes the target of a predatory partner seeking financial gain and control.

At Hayher Lee LLP, we emphasize the importance of understanding the legal framework surrounding such marriages. While the required mental capacity to marry is low, significant legal challenges can arise when contesting these unions after they occur—cases like 𝐁𝐚𝐫𝐫𝐞𝐭𝐭 𝐄𝐬𝐭𝐚𝐭𝐞 𝐯. 𝐃𝐞𝐱𝐭𝐞𝐫 have shown that, although difficult, voiding these marriages is possible when capacity is proven lacking.

Early awareness and protective legal measures can help prevent predatory marriages. If you or someone you know is concerned about a loved one’s welfare, seeking legal guidance can be a crucial step.

https://www.hayherlee.com/predatory-marriage-an-attack-on-the-vulnerable-elder-population/

01/16/2025

Child support in Alberta is guided by a principle that prioritizes the child’s right to financial stability, even after parents separate. ‘Guideline income’—typically the paying parent’s gross annual income from all sources—serves as the foundation for calculating support payments.

To ensure fairness, guideline income can account for fluctuations, deductions, and even imputed income based on earning potential.

At Hayher Lee LLP, we encourage parents to approach this calculation accurately and collaboratively, providing their children with the support they need.

Learn more about how guideline income affects child support obligations and why regular reassessment can help keep arrangements fair.

https://www.hayherlee.com/what-is-guideline-income-for-child-support-in-alberta/

01/14/2025

Going through a divorce is a personal journey and having the right guidance can make all the difference. At Hayher Lee LLP, we believe in a tailored approach, ensuring that every step—from selecting your lawyer to finalizing your divorce is appropriate and proportionate to your unique situation.

In this article, Stacey breaks down the key steps to a divorce in Alberta, including financial disclosure, resolution strategies, and the process of submitting your divorce application to the courts. If you're ready to start this journey or simply want to learn more, please do not hesitate to reach out.

https://www.hayherlee.com/what-are-the-steps-to-divorce-in-alberta/

01/10/2025

The rule in 𝐁𝐫𝐨𝐰𝐧𝐞 𝐯 𝐃𝐮𝐧𝐧 has been shaping courtroom fairness for over a century. This landmark case from 1893 established that if a party aims to challenge a witness’s credibility with contradictory evidence, they must give the witness a chance to respond. Rooted in fairness, this rule prevents 'trial by ambush' and promotes transparency in both criminal and civil cases.

Andy's article dives into what Browne v Dunn means for modern-day litigation, when it applies, and the remedies if breached. A must-read for anyone interested in courtroom procedure and fairness.

Click here to read Andy's full article: https://www.hayherlee.com/what-is-the-rule-in-browne-v-dunn/

01/09/2025

In Alberta, navigating common law relationships—or Adult Interdependent Partnerships (AIPs)—requires a clear understanding of what it means to "live together." A recent case, Abbott v Mamdani, 2024 ABKB 342, successfully argued by Andy Hayher KC and Jordan Lantz of Hayher Lee LLP, has shed new light on this topic.

Justice Gaston clarified that while continuous cohabitation under the same roof for three years is one way to establish an AIP, an intention to cohabit interrupted by valid external circumstances (e.g., work, health, or academic obligations) can also meet the criteria. However, there must be clear evidence of mutual intent to cohabit.

In Abbott, the Court found no such intent, despite a four-year romantic relationship, due to factors, like restricted home access and communications showing the parties, did not view themselves as "living together." This decision emphasizes the importance of both intention and evidence in AIP determinations.

Understanding your rights in AIP cases is essential. If you have questions, the team at Hayher Lee LLP is here to help - read more in Jordan's article below.

https://www.hayherlee.com/what-does-live-together-mean-in-common-law-relationships/

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