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62092.01This paper discusses strategies for challenging matrimonial property agreements. It first reviews the current state of law regarding matrimonial property agreements, including legislation, jurisprudence, and common law principles. It then highlights arguments for challenging such agreements, including coercion, duress, undue influence, unconscionability, and lack of meaningful disclosure. 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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62086.09This paper discusses issues related to applications to appoint a guardian or trustee for an elderly adult. It describes scenarios where access to the elderly adult is contested, and highlights applicable legislation and case law. It also discusses issues related to trustees and their compensation. Sample appointment clauses are included as an appendix. This paper is part of a collection presented at LESA’s Elder Law Topics program in Calgary on May 30, 2018 and in Edmonton on June 7, 2018.
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62057.06This paper addresses tax issues in common-law partnerships. It reviews the definition of common-law partnerships for tax purposes, including the duration of cohabitation and other considerations. It also discusses whether common-law partnerships could apply to emerging forms of personal and family relationships (e.g. polyamorous relationships, etc.), and within that context includes, as an appendix, a discussion of select tax issues that may present during and after the conclusion of a common-law partnership. This paper is part of a collection presented at LESA’s Beyond Blended Families program in Edmonton on February 20, 2018 and in Calgary on February 28, 2018.
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62057.03This paper discusses assisted reproduction technologies in the legal context. It examines the history of the Assisted Human Reproduction Act, as well as potential regulations to the Act. It also highlights assisted reproduction technology usage, and provides a summary of the law governing surrogacy in Canada, outlined on a province by province basis. This paper is part of a collection presented at LESA’s Beyond Blended Families program in Edmonton on February 20, 2018 and in Calgary on February 28, 2018.
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62076.06Child support is a common issue in family law matters. This paper highlights 5 recent child support cases that address the following: imputing income, disclosure, retroactive variations to reduce child support, variation of child support after a child is no longer a “child of the marriage” (as defined by the Divorce Act), and child support in shared parenting arrangements. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
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62076.05This paper discusses unequal division of matrimonial property using s 8 factors under the Matrimonial Property Act. It first highlights the applicable legislative provisions, and then examines the key principles for division of matrimonial property using s 8 factors that arise from recent Alberta case law. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
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62076.03This paper explores the Protection Against Family Violence Act [PAFVA], considering whether PAFVA has achieved its desired results and examining its weaknesses and effectiveness. The paper also considers duplicity and protection provided by other acts, and provides key strategies when dealing with emergency protection orders. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
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62076.02This paper explores the discord between biological and psychological families after a permanent guardianship order, and the impact of state interference. In particular, the paper examines 5 recent decisions from Alberta courts involving the placement and guardianship or adoption of children who are subjects of permanent guardianship orders. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
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62076.01Spousal support is often a vexing area of law for family law practitioners. This paper discusses recent principles that have emerged from Alberta case law that can help practitioners navigate spousal support issues. It reviews key spousal support cases within the context of income determination, variations and terminations of spousal support, and payment of spousal support to an estate. This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 7, 2018 and in Calgary on March 14, 2018.
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62075.06This paper discusses adoption law in Alberta, including the relevant legislative framework and key jurisprudence. It examines the evolution of birth father rights in adoptions in Alberta, step parent adoptions, and facilitation of adoptions. In addition, it highlights the process and procedure for adoptions in Alberta at present. The paper includes the following appendices: precedent forms for consent by a guardian to adoption and consent by birth father to adoption; step parent adoption client questionnaire; direct placement adoption client questionnaire; step parent or direct adoption checklist; and sample statutory declarations of birth father and mother. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
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62075.05This paper examines access issues, and in particular, focuses on more contentious issues where parties are seeking to limit and put conditions on access. Topics discussed include supervised access, access after adoption, supervised access exchanges, access and extra-curricular activities, long distance access, overnight access and breastfeeding infants, and access termination. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
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62075.04This paper discusses the current law and suggested approach to relocation applications in Alberta. The paper sets out the starting framework for mobility applications from Gordon v Goertz, [1996] SCJ No 52. It then considers relocation applications from both the applicant and opposing parent’s positions, discussing the threshold test, reasons for relocating, timing of the move, and the proposed destination. It also considers British Columbia’s statutory guidelines with respect to relocation matters as a legislative reference. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
