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This paper provides a practical summary to guide lawyers in understanding what expenses are commonly added back to income when a payor parent is a shareholder, director, or officer of a company, or a sole proprietor. It also seeks to explain the why behind courts’ rationale. This paper was presented at LESA’s Child Support: Where CRA and the Courts Diverge webinar on April 12, 2022.
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Pension benefits and their legislative requirements provide important considerations when it comes to drafting prenuptial or cohabitation agreements and when dividing property or spousal support obligations on relationship breakdown. This comprehensive paper covers the essentials of defined benefit, defined contributions, and hybrid pension plans; registered and non-registered pension plans; federal and provincial public sector pensions; and more. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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In the context of teachers’ pensions, this paper explores governing legislation, death benefits, relationship breakdown situations, and resources that are available to help lawyers and their clients. It also explores common administrative issues that lawyers may encounter when drafting family property orders and family property agreements. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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When parties are going through a relationship breakdown, two important questions emerge: (1) What is the value of the pension entitlement (i.e. pension asset) for purposes of the Family Property Act? and (2) What assets will the pension plan make available for the parties to use as part of the settlement of the pension asset? This paper explores answers to those questions, along with other considerations including options for making a pension division, recent changes to some pension plans in Alberta, divisions of pensions in pay, and mortality concerns. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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Without a complete evidentiary record that supports one’s case, it will be difficult to win on appeal. At the Provincial Court, lawyers should keep in mind that their case may be headed to the Court of Queen’s Bench on appeal. This paper examines how to effectively build the record in the first instance to support potential future appeals. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.