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62474.04Participation in alternative dispute resolution processes is now mandated by Alberta courts for family law matters. In light of such requirements, and increasing desires by parties to participate in ADR, it is imperative that family law lawyers understand their responsibilities and obligations. This paper explores the standard of care in collaborative processes, whether parties can be compelled into arbitration, whether counsel can exert pressure on clients to mediate or settle, whether agreements reached in mediation are binding, the standard of appeal for arbitration, and ethical obligations to screen for family violence. These materials are part of a collection presented at LESA’s Family Law 25 program in Edmonton on May 27, 2025.
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62474.03Modern child support laws are child-focused and evaluate parental obligations to financially support their children within their social context and in consideration of all the circumstances. This area of law is continually undergoing refinement, and its multitude of nuances can make the determination of child support challenging. This paper explores various concepts including retroactive child support, the DBS factors, adult children, and imputation of income. These materials are part of a collection presented at LESA’s Family Law 25 program in Edmonton on May 27, 2025.
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62474.02Through the lens of five key family property cases, this paper explores the intersection of sections 7 and 8 of the Family Property Act. Topics addressed include the difference between section 7(3) and section 7(4) property, the presumption of equal sharing of section 7(4) property, section 7(3) property to be adjusted in a just and equitable manner, rebutting the presumption of equal sharing of section 7(4) property, the section 8 factors, property acquired during separation, and dissipation. These materials are part of a collection presented at LESA’s Family Law 25 program in Edmonton on May 27, 2025.
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62474.01The legal test in parenting cases continues to be the best interests of the child test. However, recent legislative changes and jurisprudence have resulted in deviations from prior case law. This paper explores mobility applications, parental conduct and contempt of court, special chambers parenting applications, the interplay with An Act Respecting First Nations, Inuit and Metis Children, Youth and Families, and interim parenting orders and credibility. These materials are part of a collection presented at LESA’s Family Law 25 program in Edmonton on May 27, 2025.
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62504.01As Canadians increasingly create and store content and assets online, the concerns for Personal Representatives, Agents, Trustees and Attorneys in managing and administering those assets should be carefully considered. With the objective of informing advisors to these Trustees, this paper explores the landscape of access to digital assets, the gaps therein, and provides some recommendations on how to best serve your clients. These materials were presented at LESA’s Digital Afterlife: Navigating Online Assets in Estate Planning webinar on May 22, 2025
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62505.01Understanding Section 86 share exchanges is crucial for lawyers advising clients on corporate reorganizations, estate freezes, and tax-efficient succession planning. This paper explores the practical knowledge to navigate the tax implications, avoid common pitfalls, and structure share exchanges effectively to confidently advise your clients. These materials were presented at LESA’s Section 86 Share Exchanges: Tax Considerations for Lawyers webinar on May 21, 2025.
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62506.01The rights of grandparents to have contact with their grandchildren is becoming an increasingly significant legal issue in Alberta. This paper explores the current legal framework governing grandparents’ contact rights, key case law developments, and the process by which grandparents can seek contact through the courts. These materials were presented at LESA’s Grandparents’ Rights in Alberta: Navigating Access and Custody Challenges webinar on May 13, 2025.
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62496.04While every transaction for the purchase and sale of commercial property will need to be tailored to the specific situation, key provisions exist that should be included regardless of the value of the transaction, the parties involved, or the size or type of the subject commercial property. This paper explores these provisions, including conditions precedent, additional covenants, representations and warranties, default provision, closing mechanics, boilerplate clauses, and post-closing matters. The paper also includes a sample purchase and sale agreement. These materials are part of a collection presented at LESA’s Navigating Commercial Real Estate Transactions: Closing with Confidence program in Edmonton on May 7, 2025.
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62496.03Proper due diligence is crucial in commercial real estate transactions. This paper provides practical insight and tips regarding the due diligence searches that lawyers should conduct, what to look for when reviewing the results, recommended steps if adverse information is uncovered, where and how to conduct the searches, and an estimate of the cost of each search. The paper also includes a due diligence checklist, a lease summary checklist, and a due diligence search details table. These materials are part of a collection presented at LESA’s Navigating Commercial Real Estate Transactions: Closing with Confidence program in Edmonton on May 7, 2025.
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62496.02The paper explores commitment letters, mortgages, general and specific security agreements, guarantees, assignments of rents and leases, assignments and pledges of deposit accounts, assignments and pledges of interest reserve accounts, assignment of purchase agreements, assignments of insurance policies, environmental indemnity agreements, solicitors’ opinion letters, directors’ resolutions, and officers’ certificates. It also includes a sample opinion letter and sample borrower resolutions.
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62496.01This paper tracks the workflow for typical commercial real estate purchase and sale transactions and focuses on trust conditions, undertakings, and escrow agreements. It also includes a sample commercial real estate trust letter. These materials are part of a collection presented at LESA’s Navigating Commercial Real Estate Transactions: Closing with Confidence program in Edmonton on May 7, 2025.
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62497.01Within the context of estate litigation, this paper addresses types of costs, exceptions to the general rule, circumstances justifying costs awarded to the losing party, the interplay of the Surrogate Rules and the Alberta Rules of Court, and the Surrogate Rules dealing with Costs. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
