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  • 62286.02
    Family violence cases are complex, and many factors contribute to their complexity. In addition, the alleged perpetrator often makes a counter-allegation of alienating behaviour. When these matters come to Court, often with limited and generally contradictory evidence, what can the Court do? This paper explores these issues and provides options to consider when these matters arise. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.
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  • 62241.05
    This paper provides tax information for family law practitioners relating to pre-tax corporate income generally, distributions, and allocation of undistributed pre-tax corporate income. This paper was presented at LESA’s Business Issues in Family Law webinar series on November 2, 2021 and November 9, 2021.
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  • 62474.04
    Participation in alternative dispute resolution processes is now mandated by Alberta courts for family law matters. In light of such requirements, and increasing desires by parties to participate in ADR, it is imperative that family law lawyers understand their responsibilities and obligations. This paper explores the standard of care in collaborative processes, whether parties can be compelled into arbitration, whether counsel can exert pressure on clients to mediate or settle, whether agreements reached in mediation are binding, the standard of appeal for arbitration, and ethical obligations to screen for family violence. These materials are part of a collection presented at LESA’s Family Law 25 program in Edmonton on May 27, 2025.
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  • 62075.06
    This 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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  • 62235.03
    Pension benefits and their legislative requirements provide important considerations when it comes to drafting prenuptial or cohabitation agreements and when dividing property or spousal support obligations on relationship breakdown. This comprehensive paper covers the essentials of defined benefit, defined contributions, and hybrid pension plans; registered and non-registered pension plans; federal and provincial public sector pensions; and more. This paper was presented at LESA’s The Winds of Change: Developments in Pension Law webinar on January 12, 2022.
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  • 61980.04
    Lawyers encounter domestic contracts in various forms: cohabitation agreements, marriage contracts, pre-nuptial agreements, and separation agreements. Consistent amongst these domestic contracts is the judicial analysis of the circumstances surrounding these agreements, and the factors considered in determining their enforceability. In addition to analyzing the enforceability of domestic contracts, the authors outline grounds on which such contracts may be set aside, such as statutorily requirements not being met or inadequate financial disclosure. Further, the role of independent legal advice and its impact on setting aside domestic contracts is discussed, and tips for lawyers giving independent legal advice are provided. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on January 6, 2016 and in Edmonton on January 12, 2016.
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  • 61914.04
    In this paper, the author offers a broad overview of the process and substance of an appeal in the child welfare context. He looks at the practical steps in the conduct of an appeal, including the requirements surrounding a notice of appeal, the standard of review, and issues relating to adducing new evidence. He concludes with tips on identifying bases for appeal. This paper was presented at the Child Welfare program in February, 2014.
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  • 62216.01
    The single most important document in any appeal is the factum. A strong factum will do most of the heavy lifting on an appeal. Alternatively, a bad factum may sink your case. This paper provides tips for writing an appellant’s factum and contains an overview of the technical requirements. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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  • 61914.02
    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.
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  • 62354.01
    This paper is a comprehensive review of the principles set out in the Anderson v Anderson decision, earlier consideration by Alberta courts of those same principles, and how Alberta courts will likely apply the Anderson decision. This paper is part of a collection presented at LESA’s Running an Effective Family Law Practice program in Edmonton on March 7, 2024.
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  • 62057.03
    This 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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  • 62259.06
    This paper provides case summaries of three cases: Association de médiation familiale du Québec v Bouvier, Mew v Mew, and Smith v Smith. It also includes some practical tips to deal with the question, “Should I cement or cool off at the end of a day of negotiation?”. This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022
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