Areas of Law
Areas of Law
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  • 61901.02
    Organized in a step-by-step fashion, with a full table of contents, this paper surveys some of the more difficult areas in the process of achieving and maintaining charitable status, and, for those who do not qualify (or choose not to), provides information on how to create and maintain simple non-profit status under the Income Tax Act. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.  
  • 61901.01
    This paper seeks to define the term “social enterprise” and goes on to address questions like these: what considerations arise in giving advice to charities and not-for-profit organizations involving social enterprise? How does social enterprise currently fit into our legal system? What are the issues for individuals wanting to set up a social enterprise? Includes a list of reference materials including cases and articles. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.  
  • 61902.04
    This purpose of this 35-page paper is threefold: first, the author examines the most common issues with personal directives and enduring powers of attorney, as seen in the cases. Next, she outlines the steps involved in implementing an EPA or a PD. Finally, she provides suggestions for topics for discussion between practitioners and clients in planning and implementing an EPA or PD. Precedents attached. This paper was presented at LESA's Drafting Personal Directives and Enduring Powers of Attorney program held in December, 2013.
  • 61902.03
    For many, making a power of attorney or as personal directive is secondary to creating a valid will and other estate planning concerns. This paper provides a reference to the basic components of a well-drafted PA or PD and sets out additional drafting considerations for either. Its aim is to equip the practitioner to prepare or refine his or her own precedents and identify ways to go beyond the basic to help clients plan for their own unique circumstances. This paper was presented at LESA's Drafting Personal Directives and Enduring Powers of Attorney program held in December, 2013.
  • 61902.01
    The principles surrounding capacity to create a personal directive or enduring power of attorney are less developed or documented than those related to creating a valid will. This paper specifically addresses issues surrounding ensuring capacity for those making PDs and EPAs. The author examines what to do if capacity is at issue and good practice with respect to taking notes and gathering evidence to determine capacity. He offers valuable insight and tips into assessing capacity. This paper was presented at LESA's Drafting Personal Directives and Enduring Powers of Attorney program held in December, 2013.
  • 61893.01
    $65.00
    The authors see bail as, in many ways, an art, requiring not only an understanding of the rationale of the law of bail but also an ability to creatively prepare an approach in a strategic way, with a reasonable result in mind. This paper focuses on helping lawyers conceptualize an overall approach to judicial interim release on their files. The attached “toolkit” provides standardized forms, precedents, and checklists to make analysis of judicial interim release issues more effective, and to help maximize the efficient use of time while concurrently reducing or eliminating unnecessary use of court time. This paper was presented at the Criminal Advocacy – Judicial Interim Release program in October 2013.  
  • 61899.04
    Through the circumstances of two fictitious sisters and one husband, the author presents a legal brief on the interaction between entitlement to spousal support and the division of matrimonial assets on marriage breakdown. The brief itself provides an overview of the current law in this area. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61899.03
    The Matrimonial Property Act has changed minimally since its enactment in 1978. Economic, political, and social attitudes and expectations related to the distribution of matrimonial property on marriage breakdown have changed. The paper begins by briefly discussing how the MPA currently operates and what the comprehensive objectives of updating it are. It also examines the issues specifically related to matrimonial debt, dissipation of assets, and valuation dates. This paper was presented at the Matrimonial Property Issues program in November 2013.  
  • 61899.02
    This paper examines the enforceability of agreements made in various family law situations, specifically agreements made in mediation, through letters between counsel, at four-way meetings, and at non-binding JDRs. The author also provides practical advice on how to avoid litigation to enforce agreements. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61899.01
    In the context that courts, particularly in the area of family law, rely heavily on concepts of equity, this paper discusses and provides guidance on how equitable considerations may or may not come to bear upon the issue of contingent assets. Topics discussed include what “contingent assets are”, whether they are considered property and so distributable under the Matrimonial Property Act, and how they are valued. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61896.04
    This set of two papers summarizes the policies and procedures relating to immigration applications for permanent residence and of skilled workers. In the first paper, the authors discuss the Canadian Experience Class launched in 2008, and also the various categories under which applicants can apply for permanent residency under the Alberta Immigrant Nominee Program (the AINP). The second paper is devoted to the new Federal Skilled Trades Class and the changes to the Federal Skilled Worker Class. This paper was presented at the Immigration program in October 2013.  
  • 61896.03a
    These materials represent a succinct, point-form summary of the potential effects of criminal proceedings on an immigrant. Immigrant statuses discussed include sponsors, permanent residents, foreign nationals and those in Canada without legal status. Some case and legislative citations are included in the discussion. This paper was presented at the Immigration program in October 2013.