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Court Forms Precedents (7)

Fiat form (for the new 2018 PN2)

At the March 13, 2018 Court of Queen's Bench Townhall meeting in relation to the new Family Law Practice Note 2 (discussed here), the Honourable Madam Justice Yungwirth mentioned that the Court would need to develop a new fiat form. I've obtained a copy of this form, which can be downloaded below. It appears to relate to fiats where Special Chambers is sought to be adjourned, where a filing deadline is sought to be extended, or where oral evidence is sought. I assume that counsel will be directed to complete the form ... [Read More]

PDF Download (30 downloads)

Apr 11thKen Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

Statement of Claim for Divorce (and Division of Matrimonial Property) Template (enhanced)

The existing order, but with additions such as "further exemptions", unjust enrichment language, and equal division subject to factors in MPA.

Office Document Download (20 downloads)

Apr 20, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

Disclosure Statement (enhanced)

The Court of Queen's Bench's Disclosure Statements, in Word format.

As I found those statements difficult to complete and that they didn't make sense at some points, I've revised some of the language.

The enhancements aren't judicially sanctioned, but I haven't had any issues using this form yet.

Office Document Download (25 downloads)

Apr 20, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

Kitchen Sink Notice of Application

An example of a Notice of Application which was originally rejected by the Clerks, then following consultation with a Court Clerk, was permitted after being revised to clarify that certain items were agreed-upon, others would not be sought in morning/afternoon Chambers, and others were merely procedural.

This precedent was first presented at LESA's Family Law: Chambers Advocacy and Practice Pointers seminar on April 21, 2017.

PDF Download (25 downloads)

Apr 17, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)1 Comment

Notice of Application precedent (comprehensive)

A sample of the language to seek various orders.

Trim down irrelevant portions, expand on Grounds for Making Application.

Note that your filing may be rejected where too much relief is sought. See the Kitchen Sink Notice of Application precedent.

This precedent was first presented at LESA's Family Law: Chambers Advocacy and Practice Pointers seminar on April 21, 2017.

Office Document Download (15 downloads)

Apr 17, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

Notice to Admit Facts [Written Opinions]

A precedent of a Notice to Admit Facts [Written Opinions].

This precedent was first presented at LESA's Family Law: Chambers Advocacy and Practice Pointers seminar on April 21, 2017.

Office Document Download (7 downloads)

Apr 17, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

Written Interrogatories: Notice to Reply to Written Interrogatories/Application precedent

Example of a Notice to Reply to Written Interrogatories / Application (ie written questions in substitution of a Questioning, although the Court may still order further Questioning).

This format might not apply where the Court has ordered that written interrogatories be exchanged, as in that case a hearing date may not be required.

This precedent was first presented at LESA's Family Law: Chambers Advocacy and Practice Pointers seminar on April 21, 2017.

Office Document Download (3 downloads)

Apr 17, 2017Ken Proudman of Miller Boileau Family Law Group (Alberta)0 Comments

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