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62214.01Building on a 2007 LESA paper called Section 8 Factors, Fairness and Fruit of the Marriage Tree, this paper provides a timely update on the challenges lawyers and clients face when dividing family property. Topics include: the presumption of 50/50 sharing in s 7(4), exempt property in s 7(2), ‘just and equitable’ property in s 7(3), settlement (ss 37-38), increases in the value of exempt property, debt and exemptions, valuation date, retroactive and interim support, and pension division. This paper was presented at LESA’s Family Property Act and Fruit of the Marriage Tree 2021 Update webinar on March 23, 2021.
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62193.01When dealing with child welfare matters, it is important to consider the requirements imposed by section 4 of the Children, Youth, and Family Enhancement Act (CYFEA), the interplay of section 39 of the CYFEA and section 23(5.1) of the Family Law Act, requests for information under section 126 of the CYFEA, and the proposed provisions of Bill C92 (An Act respecting First Nations, Inuit, and Métis children, youth and families). This paper was presented at LESA’s Family Law Update Part 1 – Parenting and Children webinar on November 20, 2020.
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62218.01When parents separate, establishing a status quo for parenting can become the focus for clients and even their lawyers. This paper explores legislative mechanisms and requirements relating to the “history of care” of children, status quo considerations during interim applications and at trial, and the effects of Practice Note 7 Reports and Practice Note 8 Assessments. This paper was presented at LESA’s Stick to the Status Quo? Parenting and Family Law webinar on April 19, 2021.
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62215.03This paper examines key provisions of the Family Property Act and explains important concepts. Topics canvassed include the application of the act to common law couples, date of separation, limitation periods, valuation date, exemptions, exclusive possession of the family home, pensions, existing and future agreements, and Court forms. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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62215.02This paper explores what court clerks are looking for, along with strategies for avoiding common mistakes on applications, claims, affidavits, orders, and in divorce packages. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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62215.01Legal support staff’s assistance in the preparation of Family Property Statements can be invaluable to a lawyer – if done properly. While the preparation of these statements may seem repetitive or mundane when you are being asked to complete one every property file, as you will learn within this paper, the FPS is extremely helpful because it provides a high-level overview of all the family property and is often used to settle the division of family property. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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62210.01Section 16(4) of the recently amended Divorce Act assumes that family law professionals have (or will acquire) a working knowledge of the concept of coercive control. This paper explores the general concept of coercive control, provides suggestions for screening for coercive control, and highlights how coercive behaviour manifests in the family law context. This paper was presented at LESA’s Coercive Control and Family Violence webinar on February 17, 2021.
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OC-62218Consider the status quo as it relates to various aspects of parenting and family law, including when it is established. This on-demand program was originally broadcasted as a webinar on April 19, 2021. Total running time is 1 hour, 3 minutes.
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OC-62214This on-demand program addresses recent developments in the law and cases touching on increase in value of exempt assets, valuation dates, and double-dipping issues that arise when both income and property are shared in the same post-separation period. This on-demand program was originally broadcasted as a webinar on March 23, 2021. Total running time is 1 hour, 6 minutes.
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OC-62195The duty of care fluctuates from transaction to transaction when giving independent legal advice. Learn how to identify and set the obligation, and how to fix the commensurate fee. Explore how to sue lawyers who get it wrong. This on-demand program was originally broadcasted as a webinar on December 7, 2020. Total running time is 1 hour, 22 minutes.
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OC-62198-4Understand what a firm needs to do to prevent possible disruptions to business, how to recover in the event of a disruption, and the role technology plays in this. This on-demand program was originally broadcasted as a webinar as part of our Business Fundamentals for Lawyers series on December 9, 2020. Total running time is 1 hour, 21 minutes.
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OC-62184-7Review tax deductions, benefits, amounts, and credits as they relate to family law, with particular focus on support and legal fee deductions, child care expenses, and the Tax Court’s new approach to the Amount for Eligible Dependent. Although some tax concepts will be briefly reviewed, viewing Part 1 is recommended, especially for practitioners less familiar with these concepts. This on-demand program was originally broadcasted as a webinar on July 28, 2020. Total running time is 1 hour, 38 minutes.
