Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
62396.06This paper explores topics that frequently arise with domestic contracts, including: identifying parties’ motivations, disclosure considerations, negotiation factors, agreement drafting, formal requirements, independent legal advice, and costs and legal fees. This paper is part of a collection presented at LESA’s Advanced Family Property program in Edmonton on May 16, 2024.
-
61875.12This paper seeks to address the following questions that challenge both junior family law counsel and senior practitioners: How can lawyers juggle various files while keeping their practice moving forward while, at the same time, minimizing stress and having a life outside of the office? Divided into sections, this paper discusses important topics such as planning a career, client service, and time management. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
-
62092.07Understanding corporate obligations and oppressive conduct can often be helpful for family law lawyers dealing with matrimonial property disputes that include corporate interests. Within this context, this paper provides an overview of corporate control and minority shareholder rights, and discusses investigations and oppression actions under Parts 18 and 19 of the Alberta Business Corporations Act. It also highlights various remedies, including injunctive relief and Anton Piller orders. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.
-
61875.04This paper addresses affinity, alignment, and estrangement with a focus on the concepts behind parental alienation, the warning signs that alienation might exist, and what lawyers and judges can do to address parental alienation. In its conclusion, this paper discusses the importance of identifying warning signs and symptoms of parental alienation as well as the best ways to treat and deal with these cases. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
-
62371.01This paper addresses aspects of the Alberta Child, Youth, and Family Enhancement Act (CYFEA), including the responsibilities of the Ministry of Child and Family Services and the Director, the roles of Family and Surrogate Court Litigation (FASCL) and Court Coordinators, principles that guide the interpretation and administration of the CYFEA, agreements with the Director, supervision orders, apprehension orders, temporary guardianship orders (TGOs) and permanent guardianship orders (PGOs), private guardianship, administrative reviews, and pertinent forms. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
-
62406.01These materials provide a comprehensive overview of the legal assistant’s role in preparing for trial, from the preparation and filing of commencement pleadings to the creation and use of trial materials. Each stage demands meticulous attention to detail and adherence to the relevant practice notes, directions, and Rules of Court. This paper is part of a collection presented at LESA’s Family Law for Legal Support Staff program in Edmonton on June 6, 2024.
-
62143.01This paper informs paralegals about changes to the Family Property Act and the Divorce Act, aiming to equip paralegals with the knowledge needed to provide enhanced service to clients and practical assistance to lawyers in light of legislative changes. The paper is meant to introduce the changes that will most affect practices on a day-to-day basis. Topics address terminology changes, definitions, relationship interdependence, property exemptions, client duties and obligations, best interests of the child, parenting orders, contact orders, and relocation.
-
62456.05This paper explores how Alberta courts have treated the law of evidence in family law matters. It examines general rules of admissibility, affidavits, exhibits. letters, wiretapping and recording, electronic evidence, evidence from other actions, hearsay, judicial notice, business records, credibility, privilege and confidentiality, lawyers as witnesses, children’s evidence, expert opinions, new evidence and fresh evidence, onuses, and publication and broadcast bans. It also considers evidence issues in the arbitration context. Lastly, the paper includes a helpful checklist and a disclosure and evidence handbook for legal support staff. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
-
62215.03This 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.
-
61824.03The issue of child support for adult children pursuing a post-secondary education is a complicated, fact-driven analysis. This paper provides an overview of key tests and relevant decisions touching on this issue. This paper was drawn from materials presented at the Child Support Fundamentals seminar held in February 2012.
-
61989.03This paper digests 10 of the most frequently cited judicial decisions on child support rendered by courts of appeal in Canada in the past 3 years. The decisions address aspects of the Federal Child Support Guidelines, SOR/97-175 [Guidelines], that tend to be most prone to litigation, including imputing income (ss 18–19), support for adult children (s 3), special expenses (s 7), and averaging income (s 17). Other provisions highlighted in the cases include retroactive support orders, incomes in excess of $150,000, and shared custody. In addition, a summary discussion of some of the key Guidelines-related issues is also provided.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
-
61911.01This paper provides a practical guide to bringing claims for unjust enrichment and constructive trust as a result of common-law relationships. Topics covered include: status to bring a claim, practical advice on bringing the claim and other procedural issues involving things like notices to admit facts, affidavits of records and questioning. A helpful Plaintiff’s Check List and Trial Preparation Check List are attached. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.
1
2
3
…
26
Next