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  • 62147.02
    This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • 62147.01
    This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • 62147-GP
    Effective September 1, 2019, the Court of Queen’s Bench lifted the suspension of mandatory ADR. Now lawyers seeking quick resolution of disputes must consider alternative methods. Revisit various forms of ADR and develop strategies to enhance your use of them.
  • 62140.06
    This paper explores sections 37, 38, and 39 of the Wills and Succession Act (WSA) and examines Alberta’s dispensing and rectification powers in regards to their application, scope, and relationship to one another. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.  
  • 62140.05
    This paper reviews tips and traps when collecting information and drafting wills. Topics include joint assets, life insurance, registered assets, Registered Education Savings Plans (RESPs), specific bequests, gifts to charities, Assured Income for the Severely Handicapped (AISH) trusts, spousal trusts, advances/loans/gifts, and administration clauses. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.  
  • 62140.04
    This paper discusses some potential pitfalls and risks of unanticipated personal liability faced by lawyers who act under the power of attorney. The paper outlines the duties of attorneys, the common types of litigation faced by attorneys, the adverse consequences of litigation arising from a power of attorney, and some measures to take to protect against personal liability. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.  
  • 62140.02
    This list, from a retired Court of Queen’s Bench Justice, provides a brief overview of best practices that wills and estates practitioners should consider implementing to avoid getting sued for negligence. The list enumerates 10 important tips for both drafting wills and acting for executors. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.  
  • 62120.08
    This paper offers considerations for drafting prenuptial, cohabitation, and separation agreements to clearly deal with the death of one party and reduce the risk of litigation. Discussion focuses on the application of prenuptial agreements, use and possession of the family home, contracting out of support via prenuptial or cohabitation agreements, beneficiary designations, registered plans, child and spousal support provisions, and life insurance as security for support. Additional practical resources include standard letter inclusions, reporting letter language, and sample clauses for use in prenuptial, cohabitation, and separation agreements. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.  
  • 62120.06
    This paper explores the interplay of various pieces of legislation – including the Wills and Succession Act, Matrimonial Property Act, Dower Act, Divorce Act, Insurance Act, Family Law Act, and Family Property Act – in issues that arise in separation and divorce proceedings upon the death of one spouse, citing relevant precedent-setting cases. Discussion addresses many topics, including the definition of a family member, Part 3 of the Wills and Succession Act, applying for a certificate of divorce after the death of a spouse, the enforceability of agreements, designated beneficiaries, continuing spousal or child support obligations after death, and claims for retroactive spousal or child support. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.  
  • 62107.02
    This paper explores the legal assistant’s role in screening, coordinating appointments, collecting information, and preparing applications for non-contentious estate matters. It discusses frequently used NC Forms and related considerations, including notices to be served, service of documents, and submitting documents to court. This paper provides information and tips to assist with completing NC Forms, including a sample information collection form and sample NC Forms with additional precedent information and instructions noted in coloured text. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.  
  • 62107.01
    This paper covers three main topics. First, it reviews formal proof of will processes, including considerations for filing caveats, notices of objection, and applications. Second, it discusses issuing notices and claims under the Matrimonial Property Act and Wills and Succession Act as well as related procedural requirements. Third, it considers court applications for advice and direction. Practical discussion of materials preparation and file management occurs throughout, providing tips for effective information gathering procedures. This paper also includes precedents for documents commonly filed in applications for family maintenance and support, proving formal validity of a will, and seeking advice and directions. This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
  • 62113.06
    Estate litigation and family law frequently intersect. This paper considers several family-related issues that commonly arise in estate matters, with reference to key legislation and case law. It discusses family home considerations and allowances following a testator’s death. It also considers the proper maintenance and support of certain individuals following a testator’s death. Additionally, the paper examines unjust enrichment claims in estate matters. This paper is part of a collection presented at LESA’s Family Law Considerations for the Wills and Estates Practitioner program in Edmonton on March 6, 2019 and in Calgary on March 13, 2019.