Areas of Law
Content Type
Author
Find by author/faculty...
Date
  • Building on a 2007 LESA paper called Section 8 Factors, Fairness and Fruit of the Marriage Tree, this paper provides a timely update on the challenges lawyers and clients face when dividing family property. Topics include: the presumption of 50/50 sharing in s 7(4), exempt property in s 7(2), ‘just and equitable’ property in s 7(3), settlement (ss 37-38), increases in the value of exempt property, debt and exemptions, valuation date, retroactive and interim support, and pension division. This paper was presented at LESA’s Family Property Act and Fruit of the Marriage Tree 2021 Update webinar on March 23, 2021.
  • When parents separate, establishing a status quo for parenting can become the focus for clients and even their lawyers. This paper explores legislative mechanisms and requirements relating to the “history of care” of children, status quo considerations during interim applications and at trial, and the effects of Practice Note 7 Reports and Practice Note 8 Assessments. This paper was presented at LESA’s Stick to the Status Quo? Parenting and Family Law webinar on April 19, 2021.
  • This paper examines key provisions of the Family Property Act and explains important concepts. Topics canvassed include the application of the act to common law couples, date of separation, limitation periods, valuation date, exemptions, exclusive possession of the family home, pensions, existing and future agreements, and Court forms. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
  • This paper explores what court clerks are looking for, along with strategies for avoiding common mistakes on applications, claims, affidavits, orders, and in divorce packages. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
  • $65.00
    Legal support staff’s assistance in the preparation of Family Property Statements can be invaluable to a lawyer – if done properly. While the preparation of these statements may seem repetitive or mundane when you are being asked to complete one every property file, as you will learn within this paper, the FPS is extremely helpful because it provides a high-level overview of all the family property and is often used to settle the division of family property. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
  • Section 16(4) of the recently amended Divorce Act assumes that family law professionals have (or will acquire) a working knowledge of the concept of coercive control. This paper explores the general concept of coercive control, provides suggestions for screening for coercive control, and highlights how coercive behaviour manifests in the family law context. This paper was presented at LESA’s Coercive Control and Family Violence webinar on February 17, 2021.