Search LESA Resources
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.
-
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.
-
This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
-
This brief overview offers a clerk’s perspective on common Court of Queen’s Bench filing rejections in family and divorce matters, with an emphasis on the practice application in Edmonton. This paper is part of a collection presented at LESA’s Advanced Family Law Issues for Paralegals program in Edmonton on January 16, 2020 and in Calgary on January 23, 2020.
-
This paper examines common ethical issues addressed by the Law Society’s Office of the Practice Advisor. The main topics of discussion are (1) trust conditions and undertakings, (2) self-represented parties, (3) confidentiality, and (4) communicating with the court and court staff. This paper is part of a collection presented at LESA’s Advanced Family Law Issues for Paralegals program in Edmonton on January 16, 2020 and in Calgary on January 23, 2020.
-
This paper provides paralegals with a practical guide to understand and implement the Court of Queen’s Bench Family Law Practice Notes when assisting lawyers and the law firms they work with. These materials emphasize the application of the Practice Notes in Calgary and explain how (not when) to use the Practice Notes correctly. Particular attention is given to Practice Notes 6–10, and useful day-to-day tips are suggested throughout. This paper is part of a collection presented at LESA’s Advanced Family Law Issues for Paralegals program in Edmonton on January 16, 2020 and in Calgary on January 23, 2020.
-
This paper reviews some common rules and procedures of the family law Rules of Court. While not an exhaustive guide, it aims to help paralegals address and identify process issues. This paper does not address rules and procedures of the Provincial Court and Court of Appeal. Topics relate to starting a family action, resolving family issues, disclosure of information, financial disclosure, judgements and orders, and managing litigation.
-
This short paper offers some tips to help lawyers deal with the specific challenges that self-represented litigants pose. Also included is a sample introductory letter with a checklist for disclosure and statement of income, assets, and liabilities.
-
This paper offers practical suggestions on how to organize a file and stay on top of document management, providing tips that can be implemented even without the aid of an expensive IT system. Topics include, for example, a discussion of file structures, file naming conventions, and saving emails, attachments, and documents.
