Areas of Law
Areas of Law
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  • 61954.08
    This short paper offers succinct descriptions of the traps that can arise for lawyers dealing with joint property and other issues in each of the areas of family law, real estate and wills and estates.  
     
    This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
     
  • 61954.05
    This paper discusses the concept of joint ownership. The author cites the Supreme Court's decision in Pecore v. Pecore and goes on to canvass the post-Pecore cases on this topic. Specifically, she comments on the issues surrounding the presumption of advancement, resulting trusts and "conscious uncoupling".
    This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
     
  • 61954.01
    This paper describes the legal processes involved when a relationship breaks down and one party must be removed from the home. It discusses the definition of family violence under the Protection Against Family Violence Act and how to apply for an EPO, a restraining order or an order for exclusive possession of a home.
    This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
     
  • 61937.04
    This author defines the two primary types of registered pension plans:  the defined benefit plan and the defined contribution plan.  He then explains the main factors considered in a pension valuation and provides a detailed look at the standards of the Canadian Institute of Actuaries for determining pension value on marriage breakdown.
    This paper was presented at the LESA Pensions program in October 2014.
     
  • 61937.03
    These authors, representing the Alberta Pensions Services Corporation, discuss the pension plans administered by APS under the Public Sector Pension Plans Act and other related plans. Some specifics include the governing legislative scheme, benefits under the plans, how matrimonial property orders are handled, details on the benefits under the plans, disclosure issues and pension division on relationship breakdown
    This paper was presented at the LESA Pensions program in October 2014.
  • 61937.02
    This author, the CEO of the Alberta Teachers’ Retirement Fund Board, shares details about the Fund and the most common problems encountered in pension division on the marriage breakdown of members.
    This paper was presented at the LESA Pensions program in October 2014.
  • 61937.01
    This lawyer, mediator and collaborative lawyer with a certificate in pension law, explains in this paper some of the broader contexts and requirements of pension plans often relevant to the family law case. After setting out the historical context of today’s pension standards relating to pension division on marriage breakdown, the author identifies some of the preliminary considerations for family law lawyers dealing with pensions, details surrounding defined benefit and defined contribution plans, registered versus non-registered plans, and  private and public sector plans.
    This paper was presented at the LESA Pensions program in October 2014.
  • 61918.02
    This paper discusses practical issues regarding divorce and pre-nuptial planning particular to farming families. Topics include issues related to unmarried parties, including unjust enrichment, the farm as matrimonial property, using experts for farm valuation, property agreements, and creative settlement options. This paper was presented at the Family Farm Issues program in May 2014.  
  • 61906.04
    Formatted in a convenient question-and-answer style, this paper details the process of tackling the financial aspect of a family file. The paper’s purpose is two-fold: first, it provides a general model for the resolution of a typical family law file from a financial perspective, and second, it provides a look at some issues one encounters in a typical file as well as suggestions to move it forward to resolution. Helpful flow chart and checklists attached. This paper was presented at the Running Your First Family File program in March 2014.  
  • 61906.03
    This paper provides a detailed overview of issues one will encounter in dealing with custody. It covers topics like client management, case management, mediation, shared custody, counsel for children, restraining orders/emergency protection orders, in loco parentis, mobility, and much more. This author also provides both theoretical advice and tips from her own practice. Relevant practice note excerpts and other background information is attached. This paper was presented at the Running Your First Family File program in March 2014.  
  • 61906.02
    Initial consults are important, forming, as they do, the base of one’s family law practice. This author, an experienced family law practitioner, offers a detailed, step-by-step guide to creating a successful initial consult. Complete with her personal experiences and tips, this paper covers topics like: structuring a schedule, first contact, preparation for the consult, and setting the scene, and provides details useful in conducting the consult itself, including points to cover specifically related to divorce actions and actions under the Family Law Act. A precedent consult checklist and follow-up letter to a client are attached. This paper was presented at the Running Your First Family File program in March 2014.
  • 61906.01
    Formatted as a concise checklist, this paper is designed to assist those new to family law in avoiding some of its pitfalls. The author also provides an appendix of relevant sections of the Code of Conduct. Topics covered in this paper include dealing with clients, dealing with the opposition, and dealing with the courts. This paper was presented at the Running Your First Family File program in March 2014.