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This paper explores how Alberta courts have treated the law of evidence in family law matters. It examines general rules of admissibility, affidavits, exhibits. letters, wiretapping and recording, electronic evidence, evidence from other actions, hearsay, judicial notice, business records, credibility, privilege and confidentiality, lawyers as witnesses, children’s evidence, expert opinions, new evidence and fresh evidence, onuses, and publication and broadcast bans. It also considers evidence issues in the arbitration context. Lastly, the paper includes a helpful checklist and a disclosure and evidence handbook for legal support staff. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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This paper addresses the challenging dynamics of working with a counterpart who has differing interests and emotions. It also examines 30 different challenges that lawyers may encounter while negotiating a settlement.
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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This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout.
This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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This paper provides general information for Alberta spouses who have separated or are considering separation. It is written for clients, but contains information also relevant to lawyers representing clients in a separation. Information is provided on parenting seminars, legal representation, and alternative dispute resolution. The paper also discusses the first steps for spouses to take upon separating, and provides tips for splitting property.
This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
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This paper provides general information related to parenting disputes. It is written for clients, but contains information also relevant to lawyers representing clients in parenting disputes. It provides tips for how to speak to and create a stable environment for children. It also offers suggestions for dealing with the other parent. As well, it highlights evidentiary considerations if the dispute proceeds to court.
This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.
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This manual is designed to assist legal and accounting professionals in properly determining a person’s guideline income. The manual defines key terms encountered in guideline income calculations, and then outlines, in detail, steps and considerations involved in preparing guideline income calculations and reports. It includes a discussion of deductions and inclusions, imputing income, employee expenses, and dealing with businesses, among other things.
The manual includes the following as appendices: summary of Alberta child support decisions dealing with amortization, depreciation, and capital cost allowance; business practice suggestions; sample instruction letter to an accounting expert; mandatory documentation checklist; and sample and fillable business expense disclosure worksheets.
This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 and in Edmonton on January 24, 2018.
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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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This 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.