Blog & Insights
Practical legal commentary from our family, mediation, and civil teams.
Curated insights from the lawyers and our mediator, Ms. Jana de Waal, at Stokes Law LLP — drawn from our family law, mediation, and civil practices.
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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: if my spouse stayed in the home while I moved out, can I claim rent from them? Alberta courts treat occupation rent as a discretionary remedy.
Misturah (Misty) OshodiMay 14, 2025Read article → - Family Law
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 safety.
Bawan KaurMay 14, 2025Read article → - Family Law
When Is an ‘Urgent Application’ Actually Urgent in Alberta Family Law?
Family law cases usually move on a careful, measured schedule. 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.
Stokes Law Family2025Read article → - Family Law
Protecting Family Assets: Preservation Orders and Mareva Injunctions
When a separation is on the horizon and there is real concern that assets may be dissipated, hidden, or moved offshore, Alberta courts can step in early with powerful preservation remedies — including Mareva injunctions.
Stokes Law Family2025Read article → - Mediation
Virtual Mediation – Resolving Disputes Without Leaving Home
Separation and divorce are stressful enough without navigating Alberta's crowded court system. Virtual mediation allows families to resolve disputes from the comfort of their own homes — faster, more affordable, and less adversarial.
Jana de WaalSep 23, 2025Read article → - Mediation
Why Alberta Families Need Affordable Alternatives to Court
In Alberta, a five-day family law trial can cost more than $44,000 in legal fees. For most families that is simply not sustainable. Mediation and other ADR options offer a faster, more affordable path forward.
Jana de WaalSep 23, 2025Read article → - Mediation
Mediation First – A Smarter Way to Resolve Family Disputes
Alberta courts now require families to try alternative dispute resolution before proceeding with a court application. It's not just another step — it's a real opportunity to resolve issues more quickly, affordably, and peacefully.
Jana de WaalSep 23, 2025Read article → - Mediation
Understanding Mediation: What Does a Successful Mediation Look Like?
Mediation is a form of Alternative Dispute Resolution where a neutral third party helps both sides reach a mutually agreeable solution. Here's what success actually looks like in family mediation.
Jana de WaalMay 31, 2025Read article → - Mediation
Why Every Family Mediator Must Be Trauma-Informed
Family law mediation isn't just about legal disputes — it's about navigating deep emotional trauma, power imbalances, and sometimes very high-conflict dynamics. Trauma-informed practice is essential.
Jana de WaalApr 14, 2025Read article → - Mediation
Talk Less, Listen More: The Transformative Power of Active Listening in Mediation
In the emotionally intense world of family mediation, people don't just want to be right — they want to be heard. Active listening is one of the mediator's most important tools.
Jana de WaalApr 14, 2025Read article → - Mediation
Beyond Positions: How Interest-Based Negotiation Creates Real Resolution
Family mediation is rarely about simple logistics. More often, it's about deep-rooted needs, fears, and emotions. Interest-based negotiation moves past stated positions toward durable resolution.
Jana de WaalApr 14, 2025Read article → - Mediation
Designing Trauma-Informed Mediation Processes for Family Violence Cases
With mandatory Alternative Dispute Resolution now required before most family court applications in Alberta, a mediator must be equipped to handle cases involving family violence safely and effectively. Our mediator, Ms. Jana de Waal, brings this training to every file.
Jana de WaalSep 9, 2024Read article → - Civil Law
Alberta Courts Uphold Testator's Handwritten Wish to Dispose of Her Assets
In Ripley Estate v Ripley, 2026 ABKB 210 (CanLII), the Alberta Court confirms that even a will made in hospital, under serious medical circumstances, shortly before death — and a drastic departure from previous wills — can be valid provided the legal requirements are met.
Stokes Law Civil2026Read article → - Civil Law
Colenutt v. Colenutt, 2023 ABKB 562: Tort Claims, Harassment, and Familial Violence in Alberta
The Alberta Court of King's Bench addresses how Alberta's tort law applies to allegations of ongoing harmful conduct within intimate relationships — including claims of harassment or coercive control.
Stokes Law Civil2023Read article → - Civil Law
First Recognition of a Stand-Alone Tort of Harassment in Alberta
In Alberta Health Services v Johnston, the Alberta Court of King's Bench broke new ground by recognizing a stand-alone common law tort of harassment — opening a civil avenue for damages where previously only restraining orders and adjacent torts were available.
Stokes Law Civil2024Read article → - Civil Law
When “60 Days or More” Isn't Enough: Lessons from Bryant v. Parkland School Division
Employment contracts often attempt to limit termination notice. As the Alberta Court of Appeal confirmed in Bryant v. Parkland School Division, 2022 ABCA 220, ambiguous termination clauses are scrutinized carefully and will almost always benefit the employee.
Stokes Law Civil2024Read article → - Civil Law
What Is Estate Litigation?
Estate litigation in Alberta covers disputes that arise after someone passes away — will challenges, executor disputes, dependant-support claims, and questions about the administration or validity of the estate, typically heard in the Surrogate Court.
Stokes Law Civil2024Read article →
Looking for more? Browse the full collections on Stokes Law Family, Stokes Law Mediation, and Stokes Law Civil.