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61874.00aThis paper discusses the importance and benefits of retaining financial experts and business valuators for family law matters for both lawyers and clients. The role of financial experts, the approaches to value and valuation reports is discussed. In the conclusion, the author addresses the importance of creating and maintaining a well-developed relationship between lawyers and their experts. This paper was presented at LESA’s Family Law – Getting the Most Out of Your Experts program on April 27, 2013.
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OC-62286-05This presentation consists of two panel discussions and includes answers to questions from attendees at the live session. The morning discussion focuses on the program’s first two topics: evidence in chambers and legal principles surrounding family violence. The afternoon discussion focuses on the additional topics of allegations of family violence, counter-allegations of alienation, and outcome options. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. The total running time for each individual presentation ranges between 1 hour, and 1 hour and 20 minutes.
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OC-62286-04This presentation discusses legal tools that are available to help parties move forward after a Court has determined that domestic violence has occurred. It considers tools that exist in other jurisdictions and in Alberta legislation, with a view to helping Alberta lawyers be creative in crafting solutions. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. Total running time is 44 minutes.
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OC-62286-03Family violence cases are complex, and many factors contribute to their complexity. In addition, the alleged perpetrator often makes a counter-allegation of alienating behaviour. When these matters come to Court, often with limited and generally contradictory evidence, what can the Court do? This presentation explores these issues and provides options to consider when these matters arise. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. Total running time is 58 minutes.
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OC-62286-02Legal matters that involve family violence are not easy situations for anyone involved. Understanding and keeping the legal principles regarding family violence will help lawyers navigate these difficult issues. This presentation discusses the legal principles at play when dealing with Emergency Protection Orders and Restraining Orders. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. Total running time is 37 minutes.
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OC-62286-01At the beginning of the presentation, Sarah Dargatz, the program chair, sets the stage with factors that lawyers should consider when addressing family violence in chambers. The rest of the presentation addresses evidence issues that may arise in chambers applications where there are allegations of family violence. It examines facts that need to be proven and how to prove/disprove them, statutory and common law definitions and requirements, and procedural steps that lawyers should consider. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. Total running time is 1 hour, 6 minutes.
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62286.05This paper looks at legal tools that are available to help parties move forward after a Court has determined that domestic violence has occurred. It considers tools that exist in other jurisdictions and in Alberta legislation, with a view to helping Alberta lawyers be creative in crafting solutions. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.04These materials summarize recent cases dealing with family violence under the Family Law Act and the Divorce Act. They also explore cases of contact resistance (i.e. “alienation”) and situations involving PAFVA/restraining orders. Lastly, caselaw is considered on the emerging tort of family violence. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.03Family violence is prevalent, but it can be hard to prove. Credibility is often going to be the crux of the issue, especially if a person did not seek or was not successful in obtaining an Emergency Protection Order or if criminal charges were not laid. Evidentiary issues frequently arise as victims often do not keep proper records of the family violence. This paper is a practical “how to” guide on gathering and using evidence of family violence in court matters. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.02Family violence cases are complex, and many factors contribute to their complexity. In addition, the alleged perpetrator often makes a counter-allegation of alienating behaviour. When these matters come to Court, often with limited and generally contradictory evidence, what can the Court do? This paper explores these issues and provides options to consider when these matters arise. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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62286.01Legal matters that involve family violence are not easy situations for anyone involved. Understanding and keeping the legal principles regarding family violence will help lawyers navigate these difficult issues. This paper discusses the legal principles at play when dealing with Emergency Protection Orders and Restraining Orders. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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OC-62296-05From the perspective of Court of King’s Bench clerks, this presentation provides insight into why rejections occur in family law matters. It also discusses reasons for rejection on divorce applications as well as email/digital filing service requirements and expected timelines. This on-demand program was originally presented as an in-person program on October 13, 2022 as part of our Divorce Law for Legal Support Staff program. Total running time is 58 minutes.
