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62216.01The single most important document in any appeal is the factum. A strong factum will do most of the heavy lifting on an appeal. Alternatively, a bad factum may sink your case. This paper provides tips for writing an appellant’s factum and contains an overview of the technical requirements. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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62241.05This paper provides tax information for family law practitioners relating to pre-tax corporate income generally, distributions, and allocation of undistributed pre-tax corporate income. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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62241.04The term ‘personal benefits’ means something different to accountants than it does to family law professionals. When the payor spouse/parent asks their accountant for assistance in quantifying personal benefits, which is reasonable, the accountant presumes their definition of the term is appropriate, and often concludes there are none. However, this may not be the case when calculating or disputing child support payable. This paper examines tax and other issues relating to personal benefits in the family law context. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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62241.03The “how” of determining the amount of child support owed by parents continues to stymie parents, lawyers, and judges alike. Some of the issues include how the income of the payor parent is determined, what types of documents are needed to confirm the amount of income, who is responsible for requesting or obtaining the supporting documentation, and so on. This paper provides insight into and information about the type of financial disclosure that is required to determine the “how” of child support. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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62241.02When a closely held corporation is run by a couple who are ending their personal relationship, the corporation, as a ‘legal person’ becomes a third individual that must be accounted for in settlement proceedings. This paper looks at defining roles within corporate governance, including the rights and responsibilities of shareholders, directors, and officers. It also reviews equitable remedies, focusing on oppression remedies and piercing the corporate veil to provide practical relief for parties whose wealth is caught up in corporate structures. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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62241.01Family property divisions involving one or more shareholders of a Canadian-controlled private corporation can present both the opportunity for a tax-efficient property division and significant tax risks for both the transferor and transferee of property. The focus of this paper is on the tax risks, with the intention of allowing the reader to identify potential issues and protect their clients by seeking expert advice where warranted. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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62249.01Property statements can be an incredibly useful tool as they allow lawyers to organize all of the property issues into one fluid, live document while detailing relevant disclosure, production, and offers. The challenge for many is that there is no one “right” way to put one together. Property statements can look very different depending on who drafted them and how they are organized, which can be overwhelming and confusing – especially if you have never been taught to prepare one. This paper seeks to establish the fundamentals, to understand the overarching legal and financial principles, and to discuss further considerations while reviewing and vetting the documents supporting same. This paper was presented at LESA’s Family Property Problems for Paralegals webinar on October 20, 2021.
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OC-62249Explore problems and practical solutions for family law paralegals. This on-demand program was originally broadcasted as a webinar on October 20, 2021. Total running time is 1 hour, 36 minutes.
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OC-62236Identify, unpack, and intervene in systemic racism within legal institutions and your own practice. Moving beyond a diversity and inclusion lens, this session encourages members of the legal community to develop an anti-racist framework. This on-demand program was originally broadcasted as a webinar on September 9, 2021. Total running time is 1 hour, 54 minutes. This on-demand program is complimentary.
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62193.03Surveying recent Alberta jurisprudence, this paper provides an update on parenting issues. Topics include: Practice Note 2 and clarification on what can and cannot occur in regular family chambers; how courts have addressed COVID-19 factors; mobility; shared parenting; supervised parenting; reversal of custody cases; and the stay of enforcement test for parenting decisions. This paper was presented at LESA’s Family Law Update Part 1 – Parenting and Children webinar on November 20, 2020.
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62209.05While core concepts relating to the law of child support and spousal support may be straightforward, overlooking important considerations could impact clients in ways that family lawyers do not anticipate. This paper canvasses seven core fundamentals family counsel should keep in mind when analyzing their clients’ right to claim support or their respective liability for support.
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62209.04This paper provides some background on the intersection of family violence and family law, particularly parenting issues, and your obligations to your client. It also highlights recent amendments to the Divorce Act that touch on family violence.
