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62112.03This paper highlights some commonly encountered matrimonial questions or problems and discusses tips or tricks that lawyers can employ to address them. It also includes a number of precedents, such as a certificate of lis pendens, writ of enforcement, garnishee summons, and more. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62112.02This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62112.01This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout. This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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62110.02This paper provides general information related to parenting disputes. It is written for clients, but contains information also relevant to lawyers representing clients in parenting disputes. It provides tips for how to speak to and create a stable environment for children. It also offers suggestions for dealing with the other parent. As well, it highlights evidentiary considerations if the dispute proceeds to court. This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
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62110.01This paper provides general information for Alberta spouses who have separated or are considering separation. It is written for clients, but contains information also relevant to lawyers representing clients in a separation. Information is provided on parenting seminars, legal representation, and alternative dispute resolution. The paper also discusses the first steps for spouses to take upon separating, and provides tips for splitting property. This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
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62097.07B C-78, which proposes significant amendments to Canada’s Divorce Act, was first introduced in 2018. This paper highlights some of the key amendments to the Divorce Act contained in Bill C-78, including best interests of the child, family violence, relocation, and more. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.
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62097.06The introduction of Bill C-78 represents, potentially, the first serious amendments to the Divorce Act in decades. This paper provides a brief historical overview of the evolution of divorce laws in Canada and emerging trends. It then discusses how key proposals in Bill C-78 respond to current societal trends within the family law context. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.
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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.
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62092.06This paper highlights negotiation strategies for family law practitioners to employ when dealing with matrimonial property agreements. The paper provides practical tips related to managing client expectations, dealing with opposing counsel, employing effective advocacy techniques, and more. 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.
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62092.05This paper discusses costs awards in matrimonial property actions in Alberta. It provides an overview of the law of costs, and discusses interim advances of property, advance costs, and the impact of bankruptcy on costs awards. It also highlights some recent developments regarding costs awards in matrimonial property actions. The paper includes a sample partial matrimonial property settlement agreement. 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.
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62092.03This paper considers select issues in matrimonial property division, with reference to recent case law. Issues addressed include gifts, dissipation of assets, contingent interests and liabilities, and pre-marriage and post-separation debts. 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.
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62092.02This paper seeks to bring clarity to some of the “gray areas” encountered in matrimonial property matters. It focuses on recent judicial decisions that address issues relating to occupation rent, unequal division of property, retirement savings, dissipation of assets, long separations, double dipping, and more. 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.
