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62147.05This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. 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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OC-62396-5Explore Common Valuation Issues and Tax Tools for Settlement, with topics including: an overview of business valuations; common areas of disagreement with respect to valuations; and tax issues 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 1 hour.Select options This product has multiple variants. The options may be chosen on the product page
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62112.03This paper highlights some commonly encountered matrimonial questions or problems and discusses tips or tricks that lawyers can employ to address them. It also includes a number of precedents, such as a certificate of lis pendens, writ of enforcement, garnishee summons, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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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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61875.14This paper reconsiders the law of entitlement to spousal support by reviewing a history of ideas about spousal support, including compensatory and non-compensatory support, and the Spousal Support Advisory Guidelines. The author suggests that the outdated nature of today’s spousal support law requires an evaluation of the old ideas before moving forward while recognizing tensions between the “lay intuitions” of clients, theoretical articles by academics, court decisions by judges, and the practicalities of amount and duration. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
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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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61936.01This author focuses on privately-held corporations from the perspective of the family law lawyer. Specifically, she looks at the impact of these corporations on matrimonial property division and support issues. Sub-topics include discussions of the anatomy of financial statements, balance sheets, and income and expense statements; different methods for valuing the privately-held corporation; the principles of valuation; considerations when distributing closely-held business interests; considerations under the Matrimonial Property Act; and calculating income for the self-employed under the Child Support Guidelines. References included.This paper is part of a collection presented at LESA’s All That Touches Family Law program in September, 2015.
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62120.06This paper explores the interplay of various pieces of legislation – including the Wills and Succession Act, Matrimonial Property Act, Dower Act, Divorce Act, Insurance Act, Family Law Act, and Family Property Act – in issues that arise in separation and divorce proceedings upon the death of one spouse, citing relevant precedent-setting cases. Discussion addresses many topics, including the definition of a family member, Part 3 of the Wills and Succession Act, applying for a certificate of divorce after the death of a spouse, the enforceability of agreements, designated beneficiaries, continuing spousal or child support obligations after death, and claims for retroactive spousal or child support. 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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61970.05This author looks at domestic contracts from the perspective of what happens on the death of a payor under a domestic contract. Discussion includes the effect of the standard enurement clause on spousal support vs child support, the relevant legislation, and the issue of pension benefits and life insurance proceeds. Lastly, the author offers some suggested agreement clauses to ensure the parties’ intentions on the payor’s death. This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.
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62113.05This paper discusses common issues that arise from a failure to update estate planning documents following separation or divorce. In particular, the implications for wills and powers of attorney following a relationship breakdown are discussed. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.
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OC-62283-12In the recent Alberta Court of Appeal case of Peters v Atchooay, the law dealing with imputing income in child support matters changed. This presentation canvasses the law surrounding imputation of income in child support matters and spousal support matters. This on-demand program was originally presented as an in-person conference from May 4–7, 2023 as part of LESA's Refresher 2023: Family Law. Total running time is 1 hour, 2 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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61980.01Family trusts have become more prevalent, with clients not only being the beneficiaries of family trusts, but also creating trusts for tax and estate planning purposes. The question for family law practitioners is how those interests are divided upon separation. In the context of matrimonial property division, this paper discusses the interests a spouse has in the family trust income or assets held by his or her partner, as well as trusts created during marriage.This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on January 6, 2016 and in Edmonton on January 12, 2016.
