Areas of Law
Areas of Law
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  • 62076.05
    This paper discusses unequal division of matrimonial property using s 8 factors under the Matrimonial Property Act. It first highlights the applicable legislative provisions, and then examines the key principles for division of matrimonial property using s 8 factors that arise from recent Alberta case law. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
  • 62076.03
    This paper explores the Protection Against Family Violence Act [PAFVA], considering whether PAFVA has achieved its desired results and examining its weaknesses and effectiveness. The paper also considers duplicity and protection provided by other acts, and provides key strategies when dealing with emergency protection orders. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
  • 62076.02
    This paper explores the discord between biological and psychological families after a permanent guardianship order, and the impact of state interference. In particular, the paper examines 5 recent decisions from Alberta courts involving the placement and guardianship or adoption of children who are subjects of permanent guardianship orders. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
  • 62076.01
    Spousal support is often a vexing area of law for family law practitioners. This paper discusses recent principles that have emerged from Alberta case law that can help practitioners navigate spousal support issues. It reviews key spousal support cases within the context of income determination, variations and terminations of spousal support, and payment of spousal support to an estate. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
  • 62075.06
    This paper discusses adoption law in Alberta, including the relevant legislative framework and key jurisprudence. It examines the evolution of birth father rights in adoptions in Alberta, step parent adoptions, and facilitation of adoptions. In addition, it highlights the process and procedure for adoptions in Alberta at present. The paper includes the following appendices: precedent forms for consent by a guardian to adoption and consent by birth father to adoption; step parent adoption client questionnaire; direct placement adoption client questionnaire; step parent or direct adoption checklist; and sample statutory declarations of birth father and mother. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
  • 62075.05
    $65.00
    This paper examines access issues, and in particular, focuses on more contentious issues where parties are seeking to limit and put conditions on access. Topics discussed include supervised access, access after adoption, supervised access exchanges, access and extra-curricular activities, long distance access, overnight access and breastfeeding infants, and access termination. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
  • 62075.04
    This paper discusses the current law and suggested approach to relocation applications in Alberta. The paper sets out the starting framework for mobility applications from Gordon v Goertz, [1996] SCJ No 52. It then considers relocation applications from both the applicant and opposing parent’s positions, discussing the threshold test, reasons for relocating, timing of the move, and the proposed destination. It also considers British Columbia’s statutory guidelines with respect to relocation matters as a legislative reference. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.  
  • 62075.03
    This paper discusses the types of interventions conducted by a parenting expert, which are classified as either evaluative interventions or therapeutic interventions. It provides an overview of the following types of evaluative interventions: informal and formal triage, views of the child, parent psychological evaluation, child/adolescent psychological evaluation, focused assessments, and arbitration. It also examines the following therapeutic interventions: educational sessions, mediation, parent counselling, divorce counselling, child counselling, family counselling, and remedial facilitated access. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.  
  • 62075.02
    Many children are exposed to separation and family breakups each year, but their opinions and feelings aren’t always sought when determining custody arrangements. This paper argues that a child’s voice should be heard in high conflict custody, access, and parenting matters. It explores strategies and mechanisms to consider the child’s voice in such proceedings, including direct (affidavit or oral) evidence, videos/letters from the child, hiring a child consultant or psychologist to meet with the child, appointing independent counsel for the child, and other methods. The paper also briefly discusses Practice Note 8 Assessments. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.  
  • 62075.01
    High conflict custody and parenting matters are some of the most challenging files that family law lawyers deal with. This paper discusses strategies and considerations for lawyers to keep in mind when faced with a high conflict custody matter in all stages of a file: consulting with the client, gathering evidence, developing a strategy, questioning, using alternative dispute resolution, and preparing for trial/arbitration. It also includes, as an appendix, a high conflict custody checklist for questioning. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
  • 62068.06
    This manual is designed to assist legal and accounting professionals in properly determining a person’s guideline income. The manual defines key terms encountered in guideline income calculations, and then outlines, in detail, steps and considerations involved in preparing guideline income calculations and reports. It includes a discussion of deductions and inclusions, imputing income, employee expenses, and dealing with businesses, among other things. The manual includes the following as appendices: summary of Alberta child support decisions dealing with amortization, depreciation, and capital cost allowance; business practice suggestions; sample instruction letter to an accounting expert; mandatory documentation checklist; and sample and fillable business expense disclosure worksheets. This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 and in Edmonton on January 24, 2018.
  • 62068.05
    This paper focuses on tax risks in matrimonial property division. First, it reviews the tax concepts of “relatedness,” “affiliation,” and “arm’s length dealings.” Next, it discusses tax issues associated with transfers of matrimonial property, including income attribution, derivative liability, and shareholder benefits. It also discusses proposed income splitting rules and potential income tax traps associated with distributing corporate property as dividends and with capital gains deduction planning. Finally, the paper discusses related-party “butterfly” reorganization and what should be avoided in such a transaction. This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 and in Edmonton on January 24, 2018.