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61935.06This paper discusses the case law surrounding the division of matrimonial property, with a focus on sections 7(2), (3) and (4) of the Matrimonial Property Act. The author examines tracing and the valuation of exemptions, including analysis of what happens to property that has been put into joint names or has been used to pay down a debt or mortgage.This paper was presented at the Matrimonial Property Division program held in January and February, 2015.
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61935.04This paper discusses the common law as it relates to matrimonial debt and how matrimonial liabilities are taken into account when dividing property upon marriage breakdown, despite the fact that the Matrimonial Property Act does not explicitly mention debts. The paper also notes how the section 8 factors may render it unjust or inequitable to divide a liability equally.This paper was presented at the Matrimonial Property Division program held in January and February, 2015.
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61935.03High net worth clients can have complex financial assets, including investments, corporate shares, business assets, land, savings, and pension assets. This paper focuses on the complex financial issues that high net worth clients may have. The author provides a number of precedent agreements that are drafted based on complex financial situations. Agreements provided include divorce agreements, marriage agreements, and cohabitation agreements.This paper was presented at the Matrimonial Property Division program held in January and February, 2015.
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61935.02This paper provides a discussion of how the Kerr v Baranow case has been applied in Alberta since 2011. The author includes an analysis of decisions made by the Alberta Court of Appeal and Court of Queen’s Bench from a cohabitation and unjust enrichment perspective to determine how the Kerr decision is being applied in Alberta.This paper was presented at the Matrimonial Property Division program held in January and February, 2015.
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61935.01This paper provides case summaries of recent matrimonial property cases as well as a discussion of the significance of each case.This paper was presented at the Matrimonial Property Division program held in January and February, 2015.
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61938.05This paper is a simple and usable outline of the basic steps to be taken in the determination of income for support purposes. It looks at 3 common income scenarios for payors: salaried employees, sole proprietorships, and self-employed persons within private corporations. It also takes a close look at obtaining financial information.This paper is part of a collection presented at LESA’s Child Support program in November, 2014.
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61938.04Section 7 of the Federal Child Support Guidelines aims at allowing for sharing of the child support burden for families that incur specialized expenses for their children not contemplated in the tables themselves. This paper looks at the s 7 legislative framework and the cases that have applied it. This paper is part of a collection presented at LESA’s Child Support program in November, 2014.
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61938.03This paper looks at two difficult sections of the Federal Child Support Guidelines: Section 4, dealing with income over $150,000 and s 9 dealing with shared parenting. Specifically, the author explores how the courts exercise their discretion under s 4 and how they have applied s 9 since the Contino decision was handed down by the Supreme Court. This paper is part of a collection presented at LESA’s Child Support program in November, 2014.
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61938.02This paper represents an overview of the legislation and case law (beginning with the Supreme Court’s decision in DBS) relating to the difficult issues surrounding retroactive child support. The author also focuses on the practical aspects of the application for retroactive support, both from the perspectives of the payee and the payor. This paper is part of a collection presented at LESA’s Child Support program in November, 2014.
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61938.01Despite the fact that family law lawyers apply the Child Support Guidelines frequently, there remain a variety of underused, misunderstood and misused provisions of the Guidelines and also the Divorce Act and the Family Law Act. This paper addresses many of those misunderstood issues including those surrounding employment expenses, rental income, employer pension contributions, RSSP withdrawals, contracting out of the Guidelines, and more.This paper is part of a collection presented at LESA’s Child Support program in November, 2014.
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61954.08This short paper offers succinct descriptions of the traps that can arise for lawyers dealing with joint property and other issues in each of the areas of family law, real estate and wills and estates.This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
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61954.01This paper describes the legal processes involved when a relationship breaks down and one party must be removed from the home. It discusses the definition of family violence under the Protection Against Family Violence Act and how to apply for an EPO, a restraining order or an order for exclusive possession of a home.This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
