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OC-62404From the defence perspective, explore the practicalities of sentencing, including what to gather for the sentencing (e.g. exhibits, caselaw, written submissions, restitution, references), how to prepare your client for sentencing, review of facts or creating an Agreed Statement of Facts, how to structure the sentencing submissions to address all the key factors at play. and flow and order of sentencing submissions. This on-demand program was originally broadcasted as a live webinar on April 19, 2024. Total running time is 57 minutes.
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62409.03This paper explores a variety of topics including negligence claims against drafting solicitors, limitations periods, practical advice for drafting solicitors who are sued, applicable legislation and rules, solicitor client privilege, and obtaining and using evidence of the drafting solicitor. This paper is part of a collection presented at LESA’s The Next Level: Elevating Your Practice in Estate Litigation program in Edmonton on April 25, 2024.
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62409.01This paper discusses the interplay between family law and wills and estates law. This paper is part of a collection presented at LESA’s The Next Level: Elevating Your Practice in Estate Litigation program in Edmonton on April 25, 2024.
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62408.01This paper explores recommendations that are aimed at optimizing the likelihood of a client’s advance care plans being carried out in health care settings. It further outlines sources that describe the current state of advance care planning (ACP), describe gaps in the legislation, and prescribe principles and practices to strengthen lawyers’ understanding of and effectiveness in their ACP-related practices. This paper was presented at LESA’s Aligning Practice to Reality: Understanding Advance Care Planning webinar on April 18, 2024.
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62400.01Timely and comprehensive preparation is key to running a successful regulatory hearing. This paper explores key topics for lawyers to consider when engaged in regulatory litigation matters, including nature and scope of regulatory proceedings, expert witnesses and witness preparation, regulatory proceedings and hearings, hearing preparation, argument and reply argument, and research in regulatory law. This paper was presented at LESA’s Running Your First Regulatory Hearing webinar on April 17, 2024.
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62387.01This paper provides strategies and best practices for legal writing in Alberta, with topics including three principles of legal writing, drafting emails, drafting blogs, and practicing your writing. This paper was presented at LESA’s Effective Legal Writing Skills webinar on April 16, 2024.
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62380.07The quantum of ongoing child support for children over the age of majority is presently the most discretionary, least consistent, and least predictable child support issue. This paper explores the various tests applied across Canada to determine an adult child’s entitlement to ongoing child support, and the many approaches Canadian courts have taken to determine the amount of child support payable for those children per section 3(2)(b) of the Federal Child Support Guidelines. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.05This paper serves as a primer on imputation of income for the purposes of support. It explores imputation of income under the Federal Child Support Guidelines and the Alberta Child Support Guidelines and the Peters test. It also provides a sampling of case law in child support matters; practical tips for advancing an imputation argument, including evidence required; and a quick note on imputation for the purposes of spousal support. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.04Whether for the purposes of proceeding with a court application or negotiating a settlement outside of the courtroom, disclosure is imperative for family law matters. This paper discusses the key concepts of family law disclosure, including practical insights as to how practitioners can best manage the disclosure obligations that clients face. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.03This paper explores the role of the date of presumptive retroactivity; the importance of effective notice; the contextual considerations that may rebut the presumptive date of retroactivity or otherwise inform effective notice; the difference between retroactive child support and child support arrears; specific considerations for retroactive support in shared parenting arrangements; the interplay of retroactive child support claims with retroactive spousal support claims; retroactive child support versus child support arrears; time limits for bringing a claim; ‘tips and tricks’ for practitioners; and a general reminder that with retroactive claims, if you snooze, you lose. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.02Although the Spousal Support Advisory Guidelines are a good tool for providing a range of numbers to determine quantum, and even offering some guidelines on duration, they do not give guidance on a very important issue: entitlement. This paper provides an overview of the law of entitlement when it comes to spousal (or partner) support and looks at unique challenges that counsel face when trying to resolve these claims. This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
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62380.01Legal Professionals can be creatures of habit. These Child Support Guidelines short snappers will help break common habits that get in the way of good legal work. Topics include, tips for calculating Guideline income, dealing with the section 7(3) childcare calculation trap, Schedule III adjustments, listing (or not listing) all section 7 expenses, issues arising from RESPs, split parenting calculations (s. 8), and shared parenting setoffs (s. 9). This paper is part of a collection presented at LESA’s Spousal & Child Support program in Edmonton on April 4, 2024.
