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When advising clients on spousal or partner support, family lawyers must consider three substantive factors: entitlement, quantum, and duration. This paper considers the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act.
This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.
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Lawyers, like other professionals, are often asked to participate on non-profit boards, which often involves providing that board with the presumed legal skills and legal guidance for board governance. This paper examines legal and governance structures of not-for-profit organizations. It further explores legal duties and obligations, potential liability (and how to avoid it), and key considerations for bylaws. This paper was presented at LESA’s Board Governance for Not-for-Profit Organizations webinar on February 2, 2021.
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This paper identifies post-separation agreement drafting considerations relating to disclosure, tax issues, corporate reorganizations, and pension plans. Practical aids, such as flow charts, sample clauses, and precedents are included.
This checklist is part of a collection presented at LESA’s Family Law Contracts program in Edmonton on October 1, 2019 and in Calgary on October 10, 2019.
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Division of matrimonial property can often become more complicated when there is a family farm involved. This paper considers the application of the Matrimonial Property Act, RSA 2000, c M-8, to family farms. It discusses considerations for exemption claims for farms and sets out the matrimonial property division process. It also discusses property evaluation, including methodologies, valuation sources, and date of valuation. Additionally, tax considerations involved in dividing a family farm are highlighted, and settlement options are discussed.
This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
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This 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.