NEW Program Materials Now Available – 52nd Annual Refresher

52nd Annual Refresher: Family Law

Looking for family law resources to add to your CPD plan this year?

Browse through the latest program materials from the 52nd Annual Refresher: Family Law.


Materials from the 52nd Annual Refresher: Family Law cover a wide variety of family law topics, including:

  • court practices and upcoming changes,
  • legislative changes with the Family Statutes Amendment Act and Bill C-78,
  • arbitration, and
  • considerations related to death and divorce issues.

Some materials also take a multi-disciplinary approach to discuss the intersection of family law issues with considerations in other areas such as corporate law, estate matters, criminal law, and immigration law.

 

1. The Corporate Divorce: Where Corporate Law and Family Law Collide by Catherine Gerrits

This paper examines the concept of corporate divorce, where one or both of the separating parties is either a shareholder or a director of a private corporation. Topics, with the aid of a fictional case study, include:

    • issues relating to ongoing business needs,
    • child or spousal support obligations,
    • director and personal liabilities,
    • equitable matrimonial property division, and
    • contractual and corporate law mechanisms for resolving shareholder conflicts.

Checklists and precedents included!

 

2. The Intersection of Immigration and Family Law: Immigration Tips for Family Lawyers by Michael Greene QC

This paper highlights some common intersections between immigration law and family law and provides practical tips from an immigration lawyer’s perspective for family lawyers to consider. Topics include:

    • spousal and child support obligations,
    • restrictions on sponsorship of family members,
    • custody and access issues,
    • implications of foreign divorce law,
    • marriage fraud,
    • international adoptions,
    • misrepresentation,
    • maintaining permanent resident status,
    • issues for temporary residents, and
    • the value of pursuing citizenship.

 

3. Tips, Trips, and Traps: The Intersection of Family Law and Criminal Law by Michele J. Reeves

This paper offers some criminal law considerations that family law lawyers should take into account when advising clients. Topics include:

    • emergency protection orders,
    • using criminal charges as leverage,
    • illegally obtained evidence, and
    • harassment.

 

4. Impact of Death on Separation and Divorce Proceedings by Patricia L. Daunais QC

This paper explores the interplay of various pieces of legislation – including the Wills and Succession Act, Matrimonial Property Act, Dower Act, Divorce Act, Insurance Act, Family Law Act, and Family Property Act – in issues that arise in separation and divorce proceedings upon the death of one spouse, citing relevant precedent-setting cases. Topics include:

    • the definition of a family member,
    • Part 3 of the Wills and Succession Act,
    • applying for a certificate of divorce after the death of a spouse,
    • the enforceability of agreements,
    • designated beneficiaries,
    • continuing spousal or child support obligations after death, and
    • claims for retroactive spousal or child support.

 

5. Child Support in the Age of the Millennial by Tina Huizinga

This paper identifies relevant Alberta-specific and interjurisdictional child support cases from the past decade that deal with concepts of need and dependency, focusing on high school and post-secondary education expenses and allowable section 7 expenses including:

    • technology,
    • extra-curricular,
    • medical,
    • vehicle, and
    • nanny expenses.

ADDITIONAL 52ND ANNUAL REFRESHER MATERIALS

 


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