Lux v Lux, 2019 ABCA 454

JudgeThe Honourable Mr. Justice Frans Slatter; The Honourable Mr. Justice Brian O’Ferrall; The Honourable Madam Justice Ritu Khullar
CourtCourt of Appeal (Alberta)
Case DateNovember 25, 2019
JurisdictionAlberta
Citations2019 ABCA 454
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12 practice notes
  • Vestby v Galloway, 2020 ABQB 361
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 8, 2020
    ...been dissipated, to the extent that the discretionary spending does not exceed the exempt funds available to that party: Lux v Lux, 2019 ABCA 454 at para [269] Kirby took lump sum amounts from his retirement savings accounts and used those funds for personal expenses and the payment of spou......
  • Bujak v Bujak, 2020 ABQB 256
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 15, 2020
    ...declines to pursue opportunities that may lead to greater self-sufficiency for good reasons, such as looking after a parent: Lux v Lux, 2019 ABCA 454. “That is undoubtedly an admirable thing to do,” the court stated, “but the cost of doing that cannot be imposed on the respondent”: para [66......
  • Harbaugh v Harbaugh, 2020 ABCA 280
    • Canada
    • Court of Appeal (Alberta)
    • July 27, 2020
    ...pension and RRSP at the date of trial, and equal distribution of the equity in the matrimonial home. Pension and RRSP [49] In Lux v Lux, 2019 ABCA 454 at para 26, this Court There is an important distinction between the date of valuation of matrimonial assets, and displacing the presumption......
  • Pensions, Benefits & Executive Compensation Newsletter – January 2020
    • Canada
    • Mondaq Canada
    • January 31, 2020
    ...IN THIS ISSUE BENEFICIARY DESIGNATIONS Nickel v. Gerbrandt, 2019 SKQB 117 FAMILY LAW Meloche v. Meloche, 2019 ONSC 6143 Lux v. Lux, 2019 ABCA 454 PRESUMPTION OF LIFE Threlfall v. Carleton University, 2019 SCC 50 INTERPRETATION OF PENSION PLAN TERMS Lamarche v. Canada (Attorney General), 201......
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11 cases
  • Vestby v Galloway, 2020 ABQB 361
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 8, 2020
    ...been dissipated, to the extent that the discretionary spending does not exceed the exempt funds available to that party: Lux v Lux, 2019 ABCA 454 at para [269] Kirby took lump sum amounts from his retirement savings accounts and used those funds for personal expenses and the payment of spou......
  • Bujak v Bujak, 2020 ABQB 256
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 15, 2020
    ...declines to pursue opportunities that may lead to greater self-sufficiency for good reasons, such as looking after a parent: Lux v Lux, 2019 ABCA 454. “That is undoubtedly an admirable thing to do,” the court stated, “but the cost of doing that cannot be imposed on the respondent”: para [66......
  • Harbaugh v Harbaugh, 2020 ABCA 280
    • Canada
    • Court of Appeal (Alberta)
    • July 27, 2020
    ...pension and RRSP at the date of trial, and equal distribution of the equity in the matrimonial home. Pension and RRSP [49] In Lux v Lux, 2019 ABCA 454 at para 26, this Court There is an important distinction between the date of valuation of matrimonial assets, and displacing the presumption......
  • Balisky v Balisky, 2020 ABCA 432
    • Canada
    • Court of Appeal (Alberta)
    • December 8, 2020
    ...or amounts to an injustice (Elsom v Elsom, [1989] 1 SCR 1367)”: Kroetsch v Kroetsch, 2005 ABCA 324 at para 9; see also Lux v Lux, 2019 ABCA 454 at para 11. Errors of law are reviewed on the correctness standard. [17]           Althoug......
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1 firm's commentaries
  • Pensions, Benefits & Executive Compensation Newsletter – January 2020
    • Canada
    • Mondaq Canada
    • January 31, 2020
    ...IN THIS ISSUE BENEFICIARY DESIGNATIONS Nickel v. Gerbrandt, 2019 SKQB 117 FAMILY LAW Meloche v. Meloche, 2019 ONSC 6143 Lux v. Lux, 2019 ABCA 454 PRESUMPTION OF LIFE Threlfall v. Carleton University, 2019 SCC 50 INTERPRETATION OF PENSION PLAN TERMS Lamarche v. Canada (Attorney General), 201......

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