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61970.01This paper addresses the issue of common drafting errors in domestic contracts by referring to the problem contracts that have led to litigation. The paper includes a sample matrimonial property acknowledgement and a sample prenuptial agreement. This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.
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61875.09This paper reviews the law in Alberta applicable to common law relationships. Divided in various sections, this paper begins with the historical development of property rights for common law individuals followed by a review of the most recent Supreme Court of Canada decision (Kerr) and its subsequent interpretation. Next, Walsh and more recent case law as well as legislative responses in the various provinces are discussed. The author also examines spousal support entitlement, the Adult Interdependent Relationships Act, and, finally, the entitlements under provincial, federal legislation, and private rules. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
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OC-62396-1Farm clients expect lawyers to do a professional job in their divorce, comprehend the issues they face, and suggest appropriate courses of action. Identify common issues in farm divorces and provides considerations and solutions. This on-demand program was originally presented as an in-person program titled Advanced Family Property on May 16, 2024. Total running time is 50 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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62147.03This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62259.05Negotiation is the most common process for the resolution of family law conflict. This paper explores the natural tension in negotiation theory behind interest-based, rights-based, and competitive-based negotiations. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.
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OC-62259-1Price range: $95.00 through $445.00This on-demand presentation explores the natural tension between interest-based, rights-based, and competitive-based negotiations. When the practice of negotiation and the theory of these negotiation methodologies are placed in its proper context, a compromise exists in this tension and practical strategies between the two methodologies can emerge. This on-demand program was originally presented as an in-person session on June 14, 2022, as part of our Advanced Negotiation Techniques for Family Lawyers program. Total running time is 44 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62356Price range: $95.00 through $445.00Honour based violence (HBV) is not defined in Canadian jurisprudence, except to the extent that it is often conflated with domestic violence. Understanding how to navigate matters involving HBV is important for today’s family and criminal law practitioners. This presentation explores topics such as mainstream constructions of HBV (and how they produce both false positives and false negatives), and Western examples of HBV. This on-demand program was originally broadcasted as a live webinar on October 25, 2023. Total running time is 1 hour, 8 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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62141.02This paper explores how existing Matrimonial Property Act section 8 requirements to divide property in a “just and equitable” manner have been addressed in several major cases from 2018 and 2019. The paper also includes a review of section 8 amendments in the new Family Property Act, in effect January 1, 2020, and speculates on what will need to be considered by the courts and practitioners moving forward as case law continues to evolve. This paper is part of a collection presented at LESA’s Family Property Act program in Calgary on November 13, 2019 and in Edmonton on November 22, 2019.
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OC-62141.02Price range: $95.00 through $445.00Explore how existing Matrimonial Property Act section 8 requirements to divide property in a “just and equitable” manner have been addressed in several major cases from 2018 and 2019. Review section 8 amendments in the new Family Property Act, in effect January 1, 2020, and speculate on what will be considered by the courts and practitioners moving forward as case law continues to evolve. This on-demand program was originally presented as an in-person program in November, 2019. Total running time is 47 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62194-01Review topics like preparing a successful costs application, strategic considerations for counsel and costs and self-represented litigants.Select options This product has multiple variants. The options may be chosen on the product page
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62020.09Costs typically arise in every family law trial and are subject to judicial discretion. This paper provides an overview of general costs principles in family law trials in Alberta, with a focus on recent family law trial decisions. It discusses the general nature of costs, interim costs, and enhanced costs, as well as how positive misconduct, formal offers of settlement, and Calderbank offers can impact the calculation of enhanced costs. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Calgary on November 17, 2016 and in Edmonton on November 22, 2016.
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62497.06Should costs in family law matters be treated differently than in regular civil litigation matters? This paper explores the issue and provides a roadmap of costs considerations on interim applications, at trial, and in arbitrations. It also provides helpful tips when making cost submissions in family law matters. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
