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  • This paper examines the logistics of guardianship applications both before and after a PGO has been granted relating to a child in foster care. Contrasting applications under the Family Law Act with those under the Child, Youth and Family Enhancement Act, the author discusses the relevant case law and offers a look at both the funding issue and the processes. This paper was presented at the Child Welfare program in February, 2014.
  • This paper explores some of the significant amendments to the Child Youth and Family Enhancement Act (CYFEA) over the past decade and those still to come from a child welfare defence lawyer’s perspective. The author’s discussion is mainly focused on Part 1, Divisions 1,2,3, and 5; Part 4; and Part 5 of the CYFEA as they relate to intervention services and orders. This paper was presented at the Child Welfare Seminar in February, 2014.
  • These authors examine the issue of whether all or part of the assets in a family trust can be attached in a matrimonial claim. They look at these and other issues: the distinction between discretionary and contingent interests, the likely factors applicable in determining if a trust asset should be included in family property for the purposes of matrimonial property division, and ideas on how to avoid the problem altogether. They offer case analysis in situations where a trust was treated as family property and where it was not. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • This paper explores the unique challenges for those in the position of defending an unjust enrichment claim in Alberta. It outlines the test for unjust enrichment set out in Kerr v. Baranow, and discusses the tests involved in applying those principles and defending a case relying on them. The authors flag issues for defending counsel like preliminary considerations, the definition of “joint family venture”, the fact that the law surrounding unjust enrichment is subject to judicial discretion and the efficacy of negotiating settlement of these claims. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • This 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.    
  • $55.00
    Through the circumstances of two fictitious sisters and one husband, the author presents a legal brief on the interaction between entitlement to spousal support and the division of matrimonial assets on marriage breakdown. The brief itself provides an overview of the current law in this area. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • The Matrimonial Property Act has changed minimally since its enactment in 1978. Economic, political, and social attitudes and expectations related to the distribution of matrimonial property on marriage breakdown have changed. The paper begins by briefly discussing how the MPA currently operates and what the comprehensive objectives of updating it are. It also examines the issues specifically related to matrimonial debt, dissipation of assets, and valuation dates. This paper was presented at the Matrimonial Property Issues program in November 2013.  
  • $65.00
    This paper examines the enforceability of agreements made in various family law situations, specifically agreements made in mediation, through letters between counsel, at four-way meetings, and at non-binding JDRs. The author also provides practical advice on how to avoid litigation to enforce agreements. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • In the context that courts, particularly in the area of family law, rely heavily on concepts of equity, this paper discusses and provides guidance on how equitable considerations may or may not come to bear upon the issue of contingent assets. Topics discussed include what “contingent assets are”, whether they are considered property and so distributable under the Matrimonial Property Act, and how they are valued. This paper was presented at the Matrimonial Property Issues program in November 2013.
  • Effective Use of Valuators and Their Reports Heather Askham MA CA CBV This paper discusses the importance and benefits of retaining financial experts and business valuators for family law matters for both lawyers and clients. The role of financial experts, the approaches to value and valuation reports is discussed. In the conclusion, the author addresses the importance of creating and maintaining a well-developed relationship between lawyers and their experts. Calculation of Income for Support Purposes Brenda Pisko CA CBV This paper provides an overview of the Federal Child Support Guidelines. The author provides information regarding the various deductions permitted when determining a payor’s income and provides information on how to calculate the income of someone who is self-employed, a corporate shareholder or who has a low tax rate. Additionally, the author also discusses the spousal support advisory guidelines and the concept of double dipping. Getting the Most of Your [Tax Counsel] Expert