Areas of Law
Areas of Law
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  • 62097.07
    B C-78, which proposes significant amendments to Canada’s Divorce Act, was first introduced in 2018. This paper highlights some of the key amendments to the Divorce Act contained in Bill C-78, including best interests of the child, family violence, relocation, and more. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.  
  • 62097.06
    The introduction of Bill C-78 represents, potentially, the first serious amendments to the Divorce Act in decades. This paper provides a brief historical overview of the evolution of divorce laws in Canada and emerging trends. It then discusses how key proposals in Bill C-78 respond to current societal trends within the family law context. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.  
  • 62092.07
    Understanding corporate obligations and oppressive conduct can often be helpful for family law lawyers dealing with matrimonial property disputes that include corporate interests. Within this context, this paper provides an overview of corporate control and minority shareholder rights, and discusses investigations and oppression actions under Parts 18 and 19 of the Alberta Business Corporations Act. It also highlights various remedies, including injunctive relief and Anton Piller orders. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
  • 62092.06
    This paper highlights negotiation strategies for family law practitioners to employ when dealing with matrimonial property agreements. The paper provides practical tips related to managing client expectations, dealing with opposing counsel, employing effective advocacy techniques, and more. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
  • 62092.05
    This paper discusses costs awards in matrimonial property actions in Alberta. It provides an overview of the law of costs, and discusses interim advances of property, advance costs, and the impact of bankruptcy on costs awards. It also highlights some recent developments regarding costs awards in matrimonial property actions. The paper includes a sample partial matrimonial property settlement agreement. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
  • 62092.03
    This paper considers select issues in matrimonial property division, with reference to recent case law. Issues addressed include gifts, dissipation of assets, contingent interests and liabilities, and pre-marriage and post-separation debts. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
  • 62092.02
    This paper seeks to bring clarity to some of the “gray areas” encountered in matrimonial property matters. It focuses on recent judicial decisions that address issues relating to occupation rent, unequal division of property, retirement savings, dissipation of assets, long separations, double dipping, and more. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.
  • 62092.01
    This paper discusses strategies for challenging matrimonial property agreements. It first reviews the current state of law regarding matrimonial property agreements, including legislation, jurisprudence, and common law principles. It then highlights arguments for challenging such agreements, including coercion, duress, undue influence, unconscionability, and lack of meaningful disclosure. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
  • 62079.04
    Lawyers are often asked questions about a variety of areas of law, sometimes outside of the scope of their practice. This paper provides answers to frequently asked questions about family law. A wide array of issues are covered, in a helpful question and answer format, including property division, cohabitation agreements, parenting rights, extra-marital affairs, and much more. This paper is part of a collection presented at LESA’s 2018 Top 10+ Things Every Lawyer Should Know program.
  • 62057.06
    This paper addresses tax issues in common-law partnerships. It reviews the definition of common-law partnerships for tax purposes, including the duration of cohabitation and other considerations. It also discusses whether common-law partnerships could apply to emerging forms of personal and family relationships (e.g. polyamorous relationships, etc.), and within that context includes, as an appendix, a discussion of select tax issues that may present during and after the conclusion of a common-law partnership. This paper is part of a collection presented at LESA’s Beyond Blended Families program in Edmonton on February 20, 2018 and in Calgary on February 28, 2018.  
  • 62057.05
    As society becomes more complex in our relationships, so too do the considerations for lawyers working with clients in complex relationships. This paper highlights tips and traps for lawyers involved in estate planning for clients in undocumented relationships, such as extra-marital relationships or secret families. It outlines a number of different estate planning scenarios, and then provides suggestions and strategies for how to respond. A sample acknowledgement for a joint retainer for drafting wills is included as an appendix. This paper is part of a collection presented at LESA’s Beyond Blended Families program in Edmonton on February 20, 2018 and in Calgary on February 28, 2018.  
  • 62057.03
    This paper discusses assisted reproduction technologies in the legal context. It examines the history of the Assisted Human Reproduction Act, as well as potential regulations to the Act. It also highlights assisted reproduction technology usage, and provides a summary of the law governing surrogacy in Canada, outlined on a province by province basis. This paper is part of a collection presented at LESA’s Beyond Blended Families program in Edmonton on February 20, 2018 and in Calgary on February 28, 2018.