In this case, children were taken from their habitual residency in Spain, and the father hired Kalman Samuels, Attorneys to obtain the speedy return of the children. This case is notable for two reasons.
The first is because after we won at the Superior Court level, the case was taken to Appeal. We won again and obtained the return of the children to Spain.
This case is also noteworthy because the father did not have the means to pay for legal services and leave his work and travel to Canada for the hearing. Living up to our reputation as leaders and innovators, we became the first law firm in Quebec to obtain permission to have our client testify in a family law matter via SKYPE.
In this case, the children were wrongfully retained by the father in Quebec after the children had come to visit him for the summer. Their habitual residence was in New Zealand. This case is notable for three reasons.
The first is that the father, with the assistance of his local family, had spent the entire summer charming the children, buying them top of the line video game consuls and catering to their every wish and making every promise imaginable. By the time the hearing was scheduled, both children clearly announced to the Court, and to their own attorney that they would prefer to remain in Canada. Despite this manipulation, the Law Firm of Kalman Samuels, Attorneys was able to obtain an order for the immediate return of the children, plus a significant cost award for our client.
The second notable point about this case is that the hearing took place in Quebec City, three hours away from Montreal. Although the client understood that this would entail greater expense for travel, travel time, and hotel as our attorneys would have to travel from Montreal to Quebec City, she made the decision that she did not want to take any chances by hiring a firm not known for work in this area. Her decision paid off.
The third notable point about this case highlights the excellent teamwork that is practiced at Kalman Samuels, Attorneys. As mentioned above, this abduction occurred in summer time which is a busy time for family law firms. The senior attorney who eventually plead the case at trial was busy on other cases when this matter was first brought to us. The senior attorney who served the client and prepared the case knew that she would be unable plead at trial as she was about to depart on maternity leave. With the help of the junior attorneys and dedicated staff, the quick transition from one attorney to another happened efficiently and seamlessly, the case was won, and the children returned safely to where they belong.
Our attorneys regularly represent parents requesting shared custody or sole custody of their children in a variety of situations. For example, we have obtained shared custody for a parent of a child with special needs in a highly contested case.
In a highly mediatized victory, the Kalman Samuels Team obtained significant Moral and Punitive damages, breaking records in Quebec and in Canada, in a case of conjugal violence. The media reported several activists rejoicing that a ‘door to justice has been opened’ in cases of spousal abuse.
Contempt of Court
We have successfully obtained a contempt of Court ruling in a context where a parent did not comply with multiple court orders in a repetitive and intentional manner.
Cross-border litigation and jurisdiction debates
The Law Firm of Kalman Samuels, Attorneys regularly handles complex international cases which involve different jurisdictions and the application of foreign laws. We have gained significant experience and good knowledge of situations involving the international jurisdiction of the Quebec authorities under the Civil Code of Quebec.
We are one of the few Montreal law firms to have obtained damages in a defamation case. Using a psychosocial expertise and witness testimony, we were able to demonstrate the painful effects that defamation were having on her client who had immigrated to Canada and who was struggling to establish herself and build up her reputation in the professional world. We were able to obtain both moral and punitive damages, as well as an injunction against the defendant.
At Kalman Samuels, Attorneys, we have no tolerance for false allegations against our clients. In one case where a party was making manifestly false allegations of physical and sexual abuse so as to try to gain an advantage in a custody battle, our Attorney was able to obtain a stay away order against the spouse making the allegations.
(Superior Court of Quebec, Jugement, Hon. Karen Kear Jodoin, 2018-04-18)
In one case decided by the Superior Court of Quebec on 2015-03-30, a young artist had sliced through the tip of one of her fingers on a machine, resulting in damages that would ordinarily be valued at around one to two thousand dollars ($1,000 to $2,000), we were unable to negotiate a satisfactory settlement to the claim and so we chose to litigate the matter in court. In Court we obtained a victory that set a ground-breaking precedent with valuation of the injury at over one hundred dollars ($100,000). This case made jurisprudence and was the subject of many presentations at annual attorney conventions. We won on the basis that our client was an artist and the injury would have minor but permanent effect on her ability to draw, and substantially hampered her career choice and her development during her formative teen years. The morale of the story is that even for small injuries, it is best to consult a professional.
Right to Privacy
Our attorneys have obtained numerous injunctions and Court Orders for the removal of personal or defamatory material from the internet, often followed by damage awards or settlements.