Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Author listing includes first and last names only.
Date
-
62075.05This 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.
-
62075.04This 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.
-
62075.03This 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.
-
62075.02Many 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.
-
62075.01High 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.
-
62068.06This 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.
-
62068.05This 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.
-
62068.04This paper outlines the options available to parties who share an interest in a business that is part of matrimonial property. The paper first discusses negotiated settlements, and then reviews Alberta, British Columbia, and Saskatchewan case law on dividing a business as part of matrimonial property. It also briefly highlights common-law claims to businesses. 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.
-
62068.03It is becoming increasingly common to have clients who are self-employed, which comes with unique considerations when dealing with matrimonial property division. This paper explores important considerations and practical steps for family law lawyers to employ when advising clients with corporate or business interests in matrimonial property division matters. It provides an overview of business structures and steps to follow when gathering disclosure. It also highlights general principles regarding financial disclosure as well as commonly encountered issues in obtaining corporate financial disclosure. Finally, the paper discusses how to deal with financial disclosure once it is obtained, including methods for valuing a business. 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.
-
62068.02This paper examines commonly accepted approaches and considerations for the valuation of viable and not viable going concern businesses. It discusses valuation approaches, methods, and types of valuation reports. It also highlights certain inputs of the valuation analysis that can significantly impact the results of the overall valuation conclusion; for example, owner-manager remuneration, debt to equity ratio, working capital, and others. 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.
-
62068.01It is important for family law lawyers to have a basic understanding of corporate law issues when providing settlement advice. This paper provides an overview of corporate matters for the family law practitioner. Topics discussed include types of business interests, corporate structures, minute books, and corporate maintenance. 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.
-
OC-62056Receive tips for managing self-represented litigants and emotional clients, analyze the document production process in a litigation file, learn where to find and properly store shared documents, and more. This on-demand program was originally presented as an in-person program in October 2017. Total running time is 4 hours, 3 minutes.
