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  • 61912.02
    These papers explores how issues related to the breakdown of a marriage, including support, matrimonial property division and dower rights, interact with a bankruptcy. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.  
  • 61914.04
    In this paper, the author offers a broad overview of the process and substance of an appeal in the child welfare context. He looks at the practical steps in the conduct of an appeal, including the requirements surrounding a notice of appeal, the standard of review, and issues relating to adducing new evidence. He concludes with tips on identifying bases for appeal. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.03
    From her perspective as duty counsel to parents in the child welfare system, this author looks at the issue of procedural fairness (including the requirements for service and notice) under the Child, Youth and Family Enhancement Act (CYFEA). Reviewing the general principles of law in this area, she examines how those principles are addressed in the CYFEA. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.02
    This paper examines the logistics of guardianship applications both before and after a PGO has been granted relating to a child in foster care. Contrasting applications under the Family Law Act with those under the Child, Youth and Family Enhancement Act, the author discusses the relevant case law and offers a look at both the funding issue and the processes. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.01
    This paper explores some of the significant amendments to the Child Youth and Family Enhancement Act (CYFEA) over the past decade and those still to come from a child welfare defence lawyer’s perspective. The author’s discussion is mainly focused on Part 1, Divisions 1,2,3, and 5; Part 4; and Part 5 of the CYFEA as they relate to intervention services and orders. This paper was presented at the Child Welfare Seminar in February, 2014.
  • 61911.04
    These authors examine the issue of whether all or part of the assets in a family trust can be attached in a matrimonial claim. They look at these and other issues: the distinction between discretionary and contingent interests, the likely factors applicable in determining if a trust asset should be included in family property for the purposes of matrimonial property division, and ideas on how to avoid the problem altogether. They offer case analysis in situations where a trust was treated as family property and where it was not. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • 61899.04
    Through the circumstances of two fictitious sisters and one husband, the author presents a legal brief on the interaction between entitlement to spousal support and the division of matrimonial assets on marriage breakdown. The brief itself provides an overview of the current law in this area. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61899.03
    The Matrimonial Property Act has changed minimally since its enactment in 1978. Economic, political, and social attitudes and expectations related to the distribution of matrimonial property on marriage breakdown have changed. The paper begins by briefly discussing how the MPA currently operates and what the comprehensive objectives of updating it are. It also examines the issues specifically related to matrimonial debt, dissipation of assets, and valuation dates. This paper was presented at the Matrimonial Property Issues program in November 2013.  
  • 61899.02
    This paper examines the enforceability of agreements made in various family law situations, specifically agreements made in mediation, through letters between counsel, at four-way meetings, and at non-binding JDRs. The author also provides practical advice on how to avoid litigation to enforce agreements. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61899.01
    In the context that courts, particularly in the area of family law, rely heavily on concepts of equity, this paper discusses and provides guidance on how equitable considerations may or may not come to bear upon the issue of contingent assets. Topics discussed include what “contingent assets are”, whether they are considered property and so distributable under the Matrimonial Property Act, and how they are valued. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • 61878.02
    This paper provides a practical explanation of the objectives that an estate freeze can serve; the advantages and disadvantages of implementing a freeze; and several alternative mechanisms for doing so. Special focus is given to tax and non-tax uses of trusts as well as specific issues that arise when creating and maintaining a family trust. This paper was presented at the Tax Law Update program in May 2013.  
  • 61875.14
    This 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.