by admin | Apr 26, 2025 | Best Criminal Lawyer, Blog, Criminal Defence Lawyer, Criminal Lawyers, Family Law Lawyer
What Is the Affluenza Defence?
The “affluenza” defence is a controversial argument suggesting that someone raised in extreme wealth may not fully understand the difference between right and wrong. It first gained attention in a 2013 U.S. case where a teenager avoided jail after a fatal drunk driving crash. His lawyers claimed his privileged upbringing made him unable to grasp the consequences. Though not legally recognised, it sparked a global debate.
While Canada has never accepted affluenza as a legal defence, the idea raises fundamental questions about fairness and whether the justice system treats everyone equally, regardless of status. It also forces us to think about how upbringing and environment shape behaviour, and whether justice accounts for that, or ignores it.
Is Affluenza Used in Canada?
No. Canadian courts don’t recognise affluenza as a valid defence. Judges may consider a person’s background during sentencing, like trauma or age, but wealth alone won’t reduce responsibility. Courts often expect more accountability from those with privilege.
Even in complex cases, such as those handled by a Top Criminal Defence Lawyers in Edmonton, arguments based solely on upbringing and wealth carry little weight.
Does Wealth Still Affect Outcomes?
Yes—but indirectly. Those with money can hire better legal teams, access expert witnesses, and build stronger defences. That doesn’t mean the law favours the wealthy, but having resources can make things easier.
Privilege can also appear in other ways: stable housing, community support, and clean records are factors judges may consider. These are often easier to maintain with wealth. Still, these are supporting factors, not legal excuses.
Whether you’re seeking legal help for a criminal charge or a complex family matter, the quality of your representation matters. It’s not just about money—it’s about how your case is handled from day one.
Personal Responsibility in Canadian Courts
Canadian law is built on the idea that people are responsible for their actions. Whether you’re wealthy or not, courts expect you to understand the difference between right and wrong.
Using wealth as an excuse can backfire. Judges often expect more from people who can make better choices. That’s true in criminal and family court.
The justice system isn’t perfect, but it works hard to treat people fairly. Fairness relies on the idea that no one is above the law, no matter how much money they have in the bank.
What to Expect in Your Case
Having a privileged background doesn’t let you off the hook, but it also doesn’t guarantee a harsher outcome. What really shapes your case is how it’s approached, from strategy to representation.
If you’re facing charges, it’s essential to have someone on your side who knows the system and can clearly present your story. The justice system values fairness, but getting there often depends on careful preparation, solid arguments, and a defence that’s built on facts, not assumptions.
Conclusion: Justice and Privilege
The affluenza defence doesn’t hold up in Canadian courts—but the concerns it raises are real. Does money make it easier to get through the system? Sometimes, yes. But that doesn’t mean the law excuses the rich.
In the end, Canadian courts expect individuals to take personal responsibility. If you break the law, you answer for it—no matter who you are or how much you have.
If you’re looking for a strong Criminal Defence, remember: a fair outcome depends on preparation, not privilege. Justice isn’t about what you were born into—it’s about what you do, and how the law responds to it.
by admin | Mar 20, 2025 | Best Lawyer for Family Disputes, Best Lawyers in Edmonton, Blog, Cohabitation, Cohabitation Agreements, Family Attorney, Family Dispute Lawyer, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Understanding Property Rights in a Cohabitation Split
In Alberta, property division laws vary significantly between married and common-law couples. Married spouses are covered under the Matrimonial Property Act (MPA), which ensures a structured division of assets. However, common-law partners, legally referred to as Adult Interdependent Partners, do not have the same automatic rights.
When an unmarried couple separates, asset division is primarily determined by legal ownership—meaning that whoever holds the title to a property or asset is recognised as its legal owner. This can create challenges when one partner has contributed financially or through unpaid labor but does not have legal ownership.
In such cases, legal doctrines like unjust enrichment and constructive trust may allow the non-owner to claim compensation or an interest in the property to prevent unfair financial gain.
Dividing Jointly Owned Assets
For jointly owned assets, the division is generally more straightforward. When both partners are listed on a property title, vehicle registration, or other jointly owned assets, they are typically entitled to a share.
However, the actual division may depend on financial contributions, maintenance efforts, or other non-monetary inputs made by each partner during the relationship. In cases involving joint bank accounts, funds are often split 50/50, but disputes can arise if one partner withdraws a significant amount before the separation is finalised.
In such situations, courts may intervene and adjust the division based on each partner’s financial contributions and fairness.
Unjust Enrichment and Constructive Trust Claims
If an asset is in one partner’s name but the other contributed significantly—financially or through unpaid labor—they may have a claim under unjust enrichment. This applies when:
- One partner benefits financially while the other suffers a loss.
- There was no formal agreement for compensation.
- Keeping the asset solely in one partner’s name is deemed unfair.
A constructive trust claim may also be used when a partner’s contributions increase an asset’s value, giving them a right to a share.
Handling Debt in a Cohabitation Split
Debt responsibility in a cohabitation split is typically assigned to the individual whose name appears on the loan or credit agreement. However, when both partners have shared financial obligations, such as joint loans, credit cards, or household expenses, the division of debt can become a legal issue.
Courts may assess each partner’s financial contributions, usage of borrowed funds, and the intended purpose of the debt to determine a fair allocation. If one partner incurred debt for mutual benefits, such as funding home improvements or covering shared expenses, they may seek reimbursement from the other partner, though disputes can arise in the absence of a formal agreement outlining debt responsibilities.
Cohabitation Agreements: Preventing Future Disputes
A cohabitation agreement can prevent disputes by outlining asset and debt division terms before issues arise. A legally binding agreement can:
- Define property ownership and division.
- Establish financial responsibilities.
- Outline how debts will be handled.
- Reduce the risk of legal conflicts.
Having a clear financial agreement in place can provide security for both partners and avoid costly legal battles.
Seeking Legal Assistance
Property and asset division in a cohabitation split can be complex, especially when high-value assets or financial contributions are involved. Since common-law partners do not have automatic property rights, seeking legal guidance from the Best Family Lawyers in Edmonton is crucial.
Courts consider various factors, including financial contributions, shared responsibilities, and agreements between partners, when determining asset division. Without clear documentation or legal protection, disputes can arise over ownership, compensation, or entitlement to shared property.
Understanding Alberta’s cohabitation laws and potential legal claims can help individuals protect their financial interests, prevent unexpected legal battles. These laws also help navigate the separation process fairly and effectively, ensuring a more equitable outcome.
by admin | Mar 19, 2025 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer
Introduction
Divorce among older couples, often referred to as gray divorce, has been rising steadily over the past few decades. While divorce rates among younger generations have declined, studies show that the rate of divorce among those aged 50 and older has doubled since the 1990s.
This shift raises important questions: Why are long-term marriages breaking down later in life? What unique challenges do older divorcees face?
Several factors contribute to this trend. Longer life expectancy, changing priorities, financial independence, and shifting societal norms all play a role. Gray divorce also presents unique legal and financial challenges, from dividing decades of shared assets to ensuring retirement stability.
Understanding these factors can help individuals dodge the complexities of ending a marriage after 50.
Key Reasons Behind the Rise of Gray Divorce
1. Longer Life Expectancy and Changing Priorities
With increased life expectancy, many individuals in their 50s or 60s begin reassessing their happiness and future. If a marriage no longer provides emotional satisfaction, some choose to start fresh rather than remain unfulfilled.
2. Financial Independence
Both partners in a marriage today are more likely to be financially independent, making it easier to separate. With more women in the workforce and managing their finances, the fear of financial insecurity after divorce has diminished.
3. The ‘Empty Nest’ Effect
Many couples stay together for their children. Once children grow up and leave home, some spouses realise they have grown apart. Without shared parental responsibilities, they may struggle to maintain their connection.
4. Evolving Social Norms
Divorce carries far less stigma today than in previous generations. Older adults increasingly recognize their right to seek happiness and fulfilment. The rise of online dating and social media has also made starting over seem more attainable.
5. Lifestyle and Personal Growth Differences
Over time, partners may develop different interests and values. One may want to travel and explore, while the other prefers a quiet retirement. When aspirations no longer align, divorce may become the best option.
Legal and Financial Challenges of Gray Divorce
1. Division of Assets and Retirement Savings
Decades of accumulated wealth, real estate, and investments make asset division complex. Retirement accounts, pensions, and Social Security benefits must be carefully assessed to ensure both parties maintain financial stability.
2. Spousal Support Considerations
In many gray divorces, one spouse may have been the primary earner. Courts often consider long-term spousal support (alimony) if one partner lacks the financial means to sustain themselves.
3. Healthcare and Insurance Issues
Health insurance and medical care become major concerns in gray divorce. Many spouses rely on their partner’s health benefits, which may be lost after separation. Securing alternative coverage can be expensive, especially with pre-existing conditions. Planning for long-term care, medical expenses, and insurance options is crucial for financial stability post-divorce.
4. Emotional and Social Impact
Gray divorce affects more than finances. Older couples often share friendships, family ties, and social circles, which may change after divorce. Rebuilding a social life can be challenging, making emotional support important.
Conclusion
The rise of gray divorce highlights shifting dynamics in marriage, agging, and personal fulfilment. While divorce after 50 presents unique financial and legal challenges, it also offers individuals the opportunity to seek happiness and independence. Proper planning, financial foresight, and legal guidance are crucial in navigating this transition successfully.
As societal attitudes evolve, more older adults choose to embrace change rather than remain in unfulfilling marriages. Understanding the factors behind this trend and preparing for its legal implications can help individuals make informed decisions about their future.
Get in touch with Kolinsky Law the Best Divorce Lawyers in Edmonton to make your divorce process as smooth as possible.
by admin | Mar 18, 2025 | Best Lawyer for Family Disputes, Best Lawyers in Edmonton, Blog, Cohabitation Agreements, Family Attorney, Family Dispute Lawyer, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Many couples in Alberta choose to live together without getting married. While this arrangement offers flexibility, it also comes with legal uncertainties—especially regarding property division, financial responsibilities, and potential disputes if the relationship ends. Unlike married couples, common-law partners do not automatically have the same legal rights, making a cohabitation agreement a crucial legal tool.
A cohabitation agreement is a legally binding contract that outlines financial and property arrangements between unmarried partners. It helps clarify rights and responsibilities, preventing future conflicts and ensuring both parties are protected. But do you need one? Let’s explore why a well-drafted cohabitation agreement can be essential.
What Is a Cohabitation Agreement?
A cohabitation agreement is a written contract between two people who live together in a romantic relationship but are not legally married. This agreement defines how assets, debts, and other financial matters will be handled during the relationship and in the event of a breakup.
Unlike verbal agreements, a legally enforceable cohabitation agreement provides clarity and security, helping both partners understand their rights and obligations. It can cover various aspects, including property ownership, financial contributions, spousal support, and debt responsibilities.
Why Is a Cohabitation Agreement Important?
Many couples assume that living together for a certain period automatically grants them the same rights as married couples. However, common-law relationships in Alberta do not carry the same legal protections as marriage. Without a cohabitation agreement, disputes over assets and financial obligations can become complex and costly.
A cohabitation agreement can help:
- Protect assets: Clearly outline who owns what to prevent disputes.
- Define financial responsibilities: Specify how expenses, rent, and debts will be shared.
- Avoid lengthy legal battles: Provide a clear framework for resolving disagreements.
- Ensure fairness in separation: Outline provisions for property division and support if the relationship ends.
What Can Be Included in a Cohabitation Agreement?
A well-drafted agreement can cover:
- Property Ownership: Defines asset ownership and handling of joint property.
- Financial Responsibilities: Details expense-sharing and debt management.
- Spousal Support: Establishes support terms if the relationship ends.
- Estate & Inheritance Rights: Clarifies inheritance arrangements.
- Dispute Resolution: Includes mediation or arbitration provisions.
Is a Cohabitation Agreement Legally Enforceable?
Yes, a properly drafted and signed cohabitation agreement is legally enforceable in Alberta. However, for it to hold up in court, certain conditions must be met:
- Both parties must enter the agreement voluntarily.
- The agreement must be in writing and signed by both partners.
- Each partner should seek independent legal advice before signing.
- Both parties must provide full financial disclosure.
If any of these conditions are not met, the agreement may be challenged in court.
When Should You Get a Cohabitation Agreement?
It is best to create a cohabitation agreement before moving in together or shortly afterward. However, even if you have already been living together for years, it is never too late to establish one.
Situations where a cohabitation agreement is significant include:
- One partner owns property or significant assets.
- One or both partners have substantial debt.
- One partner has a substantially higher income than the other.
- The couple plans to purchase a home together.
- One partner intends to leave their job to support the household.
How We Can Help
At Kolinsky Law, our Family Lawyers in Edmonton understand the legal challenges of common-law relationships. Our experienced family law team can draft an explicit, enforceable cohabitation agreement to protect your rights and prevent disputes.
Whether you’re moving in together or already cohabiting, having a legally binding agreement can safeguard your financial and emotional well-being. Don’t wait for conflicts to arise—take proactive steps to protect your future. Contact us today to discuss your options.
by admin | Feb 20, 2025 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
Understanding DUI and Employment Law in Alberta
Driving under the influence (DUI) is a serious offence in Alberta, carrying legal and professional consequences. While a DUI conviction can lead to license suspensions, fines, and even jail time, many people also worry about how it might affect their jobs.
In Alberta, employers generally have the right to terminate employees for various reasons, including misconduct outside of work. However, whether a DUI leads to job loss depends on multiple factors, including the nature of employment, workplace policies, and the specific circumstances of the case.
Can an Employer Fire You for a DUI?
Alberta follows an “at-will” employment approach in many cases, meaning employers can dismiss employees with proper notice or severance. If a DUI violates company policies or affects job performance, termination is more likely. Several factors determine whether an employer can legally fire an employee for a DUI:
- Job Requirements – If driving is an essential part of the job, such as for truck drivers, delivery personnel, or company vehicle operators, a DUI-related license suspension can make continued employment impossible.
- Reputational Damage – If the employer believes that the DUI harms the company’s reputation—especially in positions requiring public trust, such as teachers, executives, or government workers—dismissal might be justified.
- Workplace Policies – Some employers have strict policies regarding employee conduct, including legal issues outside of work. If a contract or employee handbook explicitly states that a criminal charge could lead to termination, the employer may have grounds to enforce it.
- Repeated Offences – A single DUI may not always result in job loss, but multiple offenses suggest a pattern of risky behavior, which could justify termination.
Unionised vs. Non-Unionised Employment
The impact of a DUI on job security also depends on whether an employee is part of a union. Unionised workers often have more protection, as employers must follow collective bargaining agreements when considering termination.
This means that firing an employee for a DUI may require just cause and proper disciplinary procedures. Non-unionised employees, however, may have fewer legal protections and could be dismissed with notice or severance.
Employer Obligations and Employee Rights
Employers can enforce workplace policies, but employees have legal protections. Firing someone due to a disability, including alcohol dependency, may be discriminatory, requiring accommodation under Alberta’s human rights laws.
However, if a DUI makes an employee unfit for their role, termination may be justified. Wrongful dismissal claims can arise if an employer fires without just cause or proper severance. Seeking legal advice is essential in such cases.
What to Do If You’re Facing Job Loss Due to a DUI
If you have been charged with or convicted of a DUI and are concerned about your employment, consider the following steps:
- Review Your Employment Contract – Check for any clauses related to criminal charges or misconduct.
- Seek Legal Advice – A lawyer can assess whether your employer has grounds for termination and explore potential legal remedies.
- Communicate with Your Employer – If possible, be upfront about the situation and discuss potential accommodations or solutions.
- Know Your Rights – Understanding employment and human rights laws can help you navigate any disciplinary action.
How We Can Help
Kolinsky Law has the Best DUI Lawyers in Edmonton who understand the implications of a DUI on both your personal and professional life. If you are facing job loss due to a DUI charge, we can assess your legal options and help protect your rights. Whether it involves negotiating with your employer, challenging a wrongful dismissal, or exploring defence strategies for your DUI charge, our team is here to guide you through the process.
Contact us today for a consultation and let us help you navigate your legal challenges.