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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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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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62497.06Should costs in family law matters be treated differently than in regular civil litigation matters? This paper explores the issue and provides a roadmap of costs considerations on interim applications, at trial, and in arbitrations. It also provides helpful tips when making cost submissions in family law matters. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
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62487.01The rise of digital assets in recent years has created novel challenges in family law matters. This paper explores topics on tax considerations for transferring digital assets, solutions to prevent dissipation of digital assets, the equalization of assets through reapportionment of Canadian assets, the reality of crypto asset division in family law, and compelling disclosure of digital assets. This paper was presented at LESA’s Crypto and Conflict: A Family Lawyer’s Guide to Digital Assets webinar on March 12, 2025.
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62462.02For clients, success in chambers applications may enhance their chances of success at trial or even eliminate the need to go to trial. For lawyers, success in chambers requires meticulous preparation and adaptability. This paper provides tips to help practitioners understand the art and skill of chambers advocacy. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62473.11This reference guide provides practical considerations for many common and less common court procedures, with a particular focus on Court of King’s Bench family law procedures. In addition, it includes interesting cases as well as practical suggestions to assist as a starting point in preparing arguments and identifying issues. This paper is part of a collection presented at LESA’s Family Law Chambers and Practice Pointers program in Edmonton on January 28, 2025.
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62473.07Author: Shari L. Lewis Addressing allegations of family violence is one of the most challenging aspects of family law practice, regardless of who the lawyer’s client is, especially if the allegations are denied. This paper considers how family violence allegations can impact parenting matters. This paper is part of a collection presented at LESA’s Family Law Chambers and Practice Pointers program in Edmonton on January 28, 2025.
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62473.06This paper explores the legislative framework for the Maintenance Enforcement Program and the Child Support Recalculation Program. It addresses key sections of the Maintenance Enforcement Act,, enforcement considerations when drafting court orders, statements of account, and the FSOS Complaint Review Process. This paper is part of a collection presented at LESA’s Family Law Chambers and Practice Pointers program in Edmonton on January 28, 2025.
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62473.02This paper reviews general principles regarding the oppression remedy and explores cases where the remedy has been applied in a family law context. It considers topics such as lack of valid corporate purpose, lack of good faith by directors, discrimination benefitting a majority shareholder, lack of adequate disclosure, plans to eliminate a minority shareholder, cases of no oppression, director liability, procedural options and agreement drafting considerations. The paper also includes a precedent Statement of Claim. This paper is part of a collection presented at LESA’s Family Law Chambers and Practice Pointers program in Edmonton on January 28, 2025.
