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62012.03Clients are sometimes dealing with legal issues in multiple areas of law. When considering strategy and tactics, counsel should also evaluate how the options considered may affect a client’s position on other legal issues. This paper focuses on the advantages of keeping tabs on a client’s other litigation arenas for the client’s benefit: first, to avoid weakening a client’s position in those other arenas, and second, to gain information from those other arenas. The paper consists of two parts: (1) employing social media to litigate; and (2) discovering what exists in other litigation arenas and utilizing it for the client’s benefit. In the first part, the legal principles that have developed with respect to accessing and utilizing information gathered from social networking sites is discussed in the context of civil law applications, criminal law applications, and ethical issues. In the second part, a range of topics related to the intersection of legal arenas are discussed, including: statutorily compelled statements and the right against self-incrimination; disclosure and use of pre-trial proceedings or witness testimony in other proceedings; access to Crown files by civil litigants; and the impact of a criminal or traffic verdict on a related civil case. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.
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62012.02Family and criminal law routinely intersect, and it is important for counsel to be aware of the potential implications of actions in one area on the other. This paper focuses on that intersection of family and criminal law, discussing topics such as: charges and bail, pre-trial orders (for example, Child Protection Orders or Emergency Protection Orders), implications of criminal prosecution on family law proceedings, and information sharing. The paper also reviews Criminal Code sections that intersect with family law matters. Tips for family law lawyers dealing with a client whose spouse or partner is criminally charged are also provided. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.
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62012.01This paper provides lawyers with tools to assist a client going through a marriage breakdown to “keep the peace and be of good behaviour”. It provides a range of tips and suggestions on various topics for lawyers to employ when working with a family law client in a high conflict situation. Topics addressed include dealing with high conflict personalities, communication strategies, decision making strategies, threat assessment tools, parental kidnapping prevention, suicide prevention, dealing with bullies, and setting boundaries. The paper also includes a number of appendices, such as “Top ten rules for keeping things calm”, “Top ten list for doing separation and divorce right”, lawyer/client expectations list, settlement skills list, and a family mission statement precedent, among others. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.
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62012.04This paper highlights areas of consideration for family lawyers relating to criminal or quasi-criminal conduct. In particular, the following topics are discussed: charging a spouse or partner with assault; encouraging clients to obtain Emergency Protection Orders; threatening prosecution as leverage; breaching privilege in the case of client threats; dealing with illegally obtained evidence; and considerations for judicial interim release and no-contact conditions. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.
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62034.01This paper provides a review of non-compensatory spousal support, with a particular focus on the impact of illness and disability on spousal support in Alberta. It provides an overview of the statutory framework for spousal support, the Spousal Support Advisory Guidelines, and leading decisions from the Supreme Court of Canada. It also discusses what qualifies as an illness or disability and what evidence is required to substantiate an illness or disability. In addition, considerations for spousal support orders, such as permanence and payment frequency, are 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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62014.11This paper examines new and noteworthy developments in family law for 2016. Topics discussed include changes to Maintenance Enforcement Program policies regarding section 7 expenses; applications for costs in family law litigation; dealing with self-represented litigations; imputing income for determining spousal support; and tips for handling social media in family law practice.This paper is part of a collection presented at LESA’s 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.
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62003.02This paper is directed at lawyers who occasionally encounter family law matters and want to develop more familiarity with the subject area. It provides advice for client management, particularly in the high-stress context of family law. The paper also provides practical advice and factors to consider when dealing with the following issues: custody and parenting, child support, spousal support, divorce, and division of property. This paper is part of a collection presented at LESA's Complete Lawyer program in Lethbridge on May 6, 2016.
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61989.01This paper examines developments in jurisprudence throughout 2015 and 2016 in the law of parenting, and within that context, discusses practice observations, practice points, and negotiation strategies. In particular, this paper considers a variety of issues relating to parenting, including the burden required to alter a parenting arrangement; steps that can be taken to uphold shared parenting arrangements; addressing relocation disputes; factors that warrant restrictions on access to children; and tips for analyzing psychological assessment reports. In addition, included in the appendices is a guide for separated parents with practical suggestions for parenting disputes. It contains advice for parents to minimize conflict and its impact on their children, assist with evidence preservation, and provide tools for achieving a positive parenting arrangement.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
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61989.06This paper addresses unjust enrichment in family law through a review of the leading jurisprudence. In particular, several key cases dealing with unjust enrichment, including Kerr v Baranow, [2011] SCC 10 and the more recent decision in Thew v Nichol, 2015 ABQB 556, are summarized, with a detailed discussion of each decision and references to other relevant case law. In addition, included as an appendix is a point-form summary highlighting key elements of each of the cases reviewed.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
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61989.05This paper reviews 5 important decisions from Alberta courts from 2014–2015 that impact the practice of family law in the area of matrimonial property law. The cases considered highlight such issues as the valuation date of assets, filing certificates of lis pendens, financial hardship, pensions, and the intersection of bankruptcy and matrimonial property. Further, one of the most significant recent developments in the area of matrimonial property law, the Alberta Law Reform Institute’s Matrimonial Property Act: Valuation Date, Final Report 107 (September 2015), is reviewed, and its potential impact on matrimonial property-related practice going forward is discussed.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
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61989.04Spousal support is often an uncertain and difficult area in which to advise clients. This paper reviews the legislative provisions related to spousal support and identifies key cases that deal with entitlement, imputing income, the means and conduct of the parties, and interim versus permanent orders. Brief summaries of those recent spousal support cases are provided as an appendix. The paper also includes a discussion of common errors to avoid when dealing with spousal support matters, and provides a list of exceptions that can affect spousal support outcomes.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
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61989.03This paper digests 10 of the most frequently cited judicial decisions on child support rendered by courts of appeal in Canada in the past 3 years. The decisions address aspects of the Federal Child Support Guidelines, SOR/97-175 [Guidelines], that tend to be most prone to litigation, including imputing income (ss 18–19), support for adult children (s 3), special expenses (s 7), and averaging income (s 17). Other provisions highlighted in the cases include retroactive support orders, incomes in excess of $150,000, and shared custody. In addition, a summary discussion of some of the key Guidelines-related issues is also provided.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
