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62037.04This paper considers the Protection Against Family Violence Act. It reviews Emergency Protection Orders [EPO], including the process and legal grounds for obtaining an EPO, its terms, and its confirmation. It also reviews Queen’s Bench Protection Orders [QBPO], including the process and legal grounds for obtaining a QBPO and service of a QBPO. Additionally, the process and grounds for obtaining a common law restraining order, including mutual restraining orders, is also discussed. The paper also highlights a few cases of note relating to EPOs and QBPOs. It includes, as appendices, an EPO application, a QBPO questionnaire, and a restraining order in form FL-30. This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
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62037.03This paper reviews some important considerations for dealing with self-represented litigants in a family law context, and provides some strategies and tips that counsel can employ when dealing with self-represented parties. Topics discussed include costs, limited retainers, law society complaints, and professional responsibility considerations. This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
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62037.02This paper reviews considerations for morning chambers and special chambers in family law. It includes an overview of family law practice note 2 and the rules related to special chambers materials and filing deadlines. It also highlights requirements for confirming letters. The paper also includes a refresher on leading family law cases dealing with parenting and access as well as mobility. It includes, as appendices, a template oral hearing order and sample confirming letter outlines. This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
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62037.01This paper is part of a collection presented at LESA’s Family Law: Chambers Advocacy and Practice Pointers program in Red Deer on April 21, 2017.
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62034.06This paper discusses considerations in the drafting of spousal support review clauses, whether in agreements or in court orders. It provides an overview of the relevant legislation on review orders and discusses the Leskun v Leskun decision from the Supreme Court of Canada. It also provides practical suggestions for when to seek and when to oppose a review of spousal or partner support. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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62034.05This paper discusses considerations in the drafting of spousal support review clauses, whether in agreements or in court orders. It provides an overview of the relevant legislation on review orders and discusses the Leskun v Leskun decision from the Supreme Court of Canada. It also provides practical suggestions for when to seek and when to oppose a review of spousal or partner support. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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62034.04This paper considers the imputation of income for child support purposes. It focuses on s 19(1)(a) of the Child Support Guidelines and circumstances where it is alleged that a payor is intentionally unemployed or underemployed. It provides a review of case law relating to the interpretation and application of s 19(1)(a) of the Child Support Guidelines in Alberta. It also provides practical tips to prepare clients from an evidentiary perspective when alleging unemployment or underemployment, or to best position an unemployed or underemployed client. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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62034.03This paper examines the law in Alberta as it relates to support for adult children. It provides an analysis of the entitlement to child support within the legislative frameworks of the Divorce Act and the Family Law Act. It also discusses establishing the quantum of child support. As well, common issues that arise when contemplating support for adult children are considered, including relationship status with parents, education savings plans, subsequent degrees, and re-establishing status. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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62034.02This paper focuses on the operation, policies, and processes of the Maintenance Enforcement Program (MEP), which is part of the Family Support Order Services branch of Alberta Justice and Solicitor General. It identifies what the MEP can and cannot do, clarifies how orders are administered once registered with the MEP, and provides tips for preparing enforceable orders. It also contains information on the Child Support Recalculation Program (RP), including factors to consider when deciding whether RP should recalculate a support order and suggestions for drafting orders to be eligible for RP. As well, resolving concerns with a client’s MEP and RP files is discussed. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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62026.01This paper examines some general principles related to the intersection of family law proceedings and bankruptcy, with a focus on strategies to protect the solvent spouse. It provides an overview of basic bankruptcy principles and considers timing and priority issues as between matrimonial property claims and a Trustee in Bankruptcy. It also discusses contents of matrimonial property agreements and orders, certificates of lis pendens, and other strategies to assist the solvent spouse. It includes references to further readings on bankruptcy and family law issues. This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.
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62026.03This paper provides a review of Alberta case law dealing with loans and gifts between close relatives. It highlights decisions in which funds advanced from a family member were considered by the court to be a loan, and other court decisions in which the funds were found to be a gift. It also discusses what happens after a gift has been given from a family member to one spouse, and how to determine the value of the exemption. This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.
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62026.04This paper focuses on family trusts. It provides background information on what they are, how they are created, and why they are created. It also discusses ways to pierce a trust to bring its property back under the matrimonial property regime, including revocation, the Statute of Elizabeth, fraudulent conveyances, and the doctrine of unjust enrichment. Steps to take to preserve a trust are also discussed, as well as limitations, laches, and acquiescence. Finally, future trends in trust litigation are highlighted. This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.
