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62259.02This paper addresses the challenging dynamics of working with a counterpart who has differing interests and emotions. It also examines 30 different challenges that lawyers may encounter while negotiating a settlement. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.
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62259.01This paper details important areas of file management in relation to negotiation, including: preparation, the lawyer’s approach to negotiation, client motivations, obstacles to reaching a negotiated settlement, and parenting plans. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.
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62251.03This paper provides tips for legal support staff in family law matters, garnered from the author’s own experiences and those of other lawyers and their staff. It also provides insight into some common traps that can come up for legal support staff. This paper is part of a collection presented at LESA’s Family Law Issues for Paralegals program in Edmonton on June 10, 2022.
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62251.02This paper provides some historical context for the Family Property Act, sets out considerations that lawyers and paralegals need to keep in mind when contemplating starting a claim under the Act, and addresses how family property is dealt with in a trial in court (or in arbitration) when parties have entered into a contract relating to their rights and obligations under the Act. This paper is part of a collection presented at LESA’s Family Law Issues for Paralegals program in Edmonton on June 10, 2022.
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62251.01This paper provides an overview of the key steps in this process from the perspective of a family lawyer and paralegal team. This paper is part of a collection presented at LESA’s Family Law Issues for Paralegals program in Edmonton on June 10, 2022.
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62248.21When advising clients on spousal or partner support, family lawyers must consider three substantive factors: entitlement, quantum, and duration. This paper considers the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act. This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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62267.01This paper provides a practical summary to guide lawyers in understanding what expenses are commonly added back to income when a payor parent is a shareholder, director, or officer of a company, or a sole proprietor. It also seeks to explain the why behind courts’ rationale. This paper was presented at LESA’s Child Support: Where CRA and the Courts Diverge webinar on April 12, 2022.
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62235.03Pension benefits and their legislative requirements provide important considerations when it comes to drafting prenuptial or cohabitation agreements and when dividing property or spousal support obligations on relationship breakdown. This comprehensive paper covers the essentials of defined benefit, defined contributions, and hybrid pension plans; registered and non-registered pension plans; federal and provincial public sector pensions; and more. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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62235.02In the context of teachers’ pensions, this paper explores governing legislation, death benefits, relationship breakdown situations, and resources that are available to help lawyers and their clients. It also explores common administrative issues that lawyers may encounter when drafting family property orders and family property agreements. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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62235.01When parties are going through a relationship breakdown, two important questions emerge: (1) What is the value of the pension entitlement (i.e. pension asset) for purposes of the Family Property Act? and (2) What assets will the pension plan make available for the parties to use as part of the settlement of the pension asset? This paper explores answers to those questions, along with other considerations including options for making a pension division, recent changes to some pension plans in Alberta, divisions of pensions in pay, and mortality concerns. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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62216.04Without a complete evidentiary record that supports one’s case, it will be difficult to win on appeal. At the Provincial Court, lawyers should keep in mind that their case may be headed to the Court of Queen’s Bench on appeal. This paper examines how to effectively build the record in the first instance to support potential future appeals. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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62216.03Appeals can be daunting for many family lawyers accustomed to the trench warfare of oral submissions and contested evidence. Whereas the outcome of a questionable parenting application or over-aggressive interim property division can sometimes be saved by the brilliance of your oral advocacy, the Court of Appeal is more interested in hard law, known facts, and the written record before it. In canvassing recent case law, this paper examines the standard of review and levels of appellate scrutiny in family law appeals. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
