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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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62141.01This paper explores how the new Family Property Act (FPA) legislation, which took effect January 1, 2020, brings unmarried couples living together under the same property sharing scheme as married couples. Topics discuss adult interdependent partners, relationships of interdependence, domestic and economic units, and joint family ventures; issues related to transition times, declarations of irreconcilability, separation dates, and property sharing; and how the FPA extends requirements to cover certain family law agreements, like cohabitation and separation agreements. The materials also provide an overview of how FPA changes will impact other statutes. 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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62136.05This paper identifies post-separation agreement drafting considerations relating to disclosure, tax issues, corporate reorganizations, and pension plans. Practical aids, such as flow charts, sample clauses, and precedents are included. This checklist is part of a collection presented at LESA’s Family Law Contracts program in Edmonton on October 1, 2019 and in Calgary on October 10, 2019.
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62136.04This paper explores five main grounds used to challenge the enforceability of domestic contracts: not meeting statutory requirements, inadequate financial disclosure, duress, unconscionability, and lack of independent legal advice. The paper also discusses unique factors relating to spousal support challenges in light of the Miglin decision. This checklist is part of a collection presented at LESA’s Family Law Contracts program in Edmonton on October 1, 2019 and in Calgary on October 10, 2019.
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62136.02These materials emphasize the importance of being fully prepared with all relevant information necessary to achieve the best possible outcome for your client. A comprehensive checklist of family law negotiation considerations is provided as a practical resource to guide information gathering. This checklist is part of a collection presented at LESA’s Family Law Contracts program in Edmonton on October 1, 2019 and in Calgary on October 10, 2019.
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62120.20This paper identifies relevant Alberta-specific and interjurisdictional child support cases from the past decade that deal with concepts of need and dependency, focusing on high school and post-secondary education expenses and allowable section 7 expenses (including technology, extra-curricular, medical, vehicle, and nanny expenses). This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.19This paper reviews 10-years of relevant case law while identifying and clarifying differences between a review of spousal support and a variation of spousal support. Discussion explores issues related to retirement, self-sufficiency, gifts, material change, and remarriage. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.18This paper offers practical tips for providing legal advice to clients who separate while facing job loss and decreased financial opportunities. It explores topics such as who bears responsibility for financial burdens, income determination for self-employed individuals, imputing income, and how support obligations are influenced by retirement or perpetual student status. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.17This paper reviews case law reflecting current disclosure requirements and advocates for proportionality in interpreting the Rules of Court in a manner that promotes access to justice — balancing stringent rules from the courts on one hand with reasonable limits to disclosure on the other. Practically, this paper offers tips on how to give and receive reasonable, competent, and efficient disclosure. It also provides a sample consent order and sample analysis of corporate expenses. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.16This paper explores three approaches for attacking arbitration in court: (1) attacking the agreement or process, (2) attacking the arbitrator, or (3) attacking the award. Significant discussion of relevant case law occurs throughout the paper, and an included Appendix notes case law relevant to specific sections of the Arbitration Act for the purpose of further study. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.14This paper provides an overview of process options and design considerations to help practitioners and clients evaluate and select an alternative dispute resolution process that fits the needs of the issue at hand. It also includes three sample arbitration agreements. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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62120.13This paper provides a brief overview of the arguments for and against including children in the alternative dispute resolution process. The paper also outlines process options for including children’s perspectives and offers a summary of additional resources for further consideration. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
