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Court Process Flow Chart - September 2022
Other
Sep 20th

I put together a flow chart of the different types of KB family court hearings for my students. Now you have it, and you can put it on your fridge.

PDF Download (96 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

How to Present Evidence via Laptop
Other
Apr 30th

This is a pdf I received from the Calgary Courts Centre in April 2022 giving instructions to counsel about how to properly prepare for and set up the tech needed to present evidence using a laptop.

PDF Download (38 downloads)

Emma Benarzi of Benarzi Law (Alberta)1 Comment

Layperson's Guide to Family Law Arbitration
Client Handouts
Mar 15th

This is a paper I wrote last year that I recently ran into again going through my website. This paper is a guide aimed at people going through arbitration processes without a lawyer. It's written in plain language and talks about how arbitrators make decisions, evidence, case law and statute law, preparing for hearings and so forth.

Feel free to use all, some or none of the paper as you'd like. Permission isn't required to reproduce or distribute.

PDF Download (41 downloads)

John-Paul E. Boyd, QC of John-Paul Boyd Arbitration Chambers (Alberta)2 Comments

Enhanced Notice of Relocation & Notice of Objection to Relocation forms (Divorce Act amendments)
Court Forms Precedents
Dec 28, 2020

The amendments to the Divorce Act come into force in two months on March 1, 2021. Those amendments, summarized here and here, include the establishment of a new regime to notify of and object to relocations of children. While new Notice of Relocation Regulations were registered in November, I haven't seen any actual forms be circulated yet, and the minimum information that must be included in the Regulation's ... [Read More]

Office Document Download (78 downloads)

Ken Proudman of BARR LLP (Alberta)3 Comments

Declaration of Intention to Retain Beneficial Interest and Exemption (sole)
Other
Jun 16, 2020

I developed this form after reading all of the decisions following Jackson and Harrower which discussed rebutting the presumption of advancement when an exemption is placed into joint names.

I'll be presenting it to the CBA real property section tomorrow, in hopes that real estate lawyers will use it as an opportunity to discuss exemptions with clients, so that they can make informed decisions. See more about the webinar tomorrow here: https://familycounsel.ca/calendar.php?id=191

You'll see that there's a disclaimer in the form, because it is a murky area that's circumstance-dependent, and if ... [Read More]

Office Document Download (47 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

Declaration of Intention to Retain Beneficial Interest and Exemption (joint)
Other
Jun 16, 2020

I developed this form after reading all of the decisions following Jackson and Harrower which discussed rebutting the presumption of advancement when an exemption is placed into joint names.

I'll be presenting it to the CBA real property section tomorrow, in hopes that real estate lawyers will use it as an opportunity to discuss exemptions with clients, so that they can make informed decisions. See more about the webinar tomorrow here: https://familycounsel.ca/calendar.php?id=191

You'll see that there's a disclaimer in the form, because it is a murky area that's circumstance-dependent, and if ... [Read More]

Office Document Download (39 downloads)

Ken Proudman of BARR LLP (Alberta)3 Comments

Chambers Procedure Manual (with Family Law Highlights)
Condensed Notes (CANS)
Mar 24, 2020

You may have some additional time to read given the pandemic-related closures, so I've attached the 2020 171-page update to my 2017 paper, which was previously titled the Family Chambers Procedure Manual.

It's the manual which addresses over 60 different court procedures. Each procedure is broken down by case law and practical suggestions. It's meant to help assist lawyers with the preparation of applications, affidavits, and arguments. In the 2020 update, there's now a separate subheading within each application setting out any special treatment in the family law realm.

Most of the new content was written by our newest associate ... [Read More]

PDF Download (155 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

Directory of Family Law Arbitrators in the Edmonton Area
Other
Jan 21, 2020

Posted with permission from Tracy Brown of Brown Law Group. Thank you for assembling this Tracy!!

PDF Download (38 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

2020 Enhanced Statement of Claim
Court Forms Precedents
Dec 30, 2019

Based on the old Enhanced SOC which included additional terms such as "further exemptions", generic unjust enrichment terms, and equal division subject to factors in the FPA. http://familycounsel.ca/download.php?id=32

However, I've also added the changes to the forms as listed in the Family Property Act amendments to the Rules: http://www.qp.alberta.ca/documents/Orders/Orders_in_Council/2019/2019_250.html

Office Document Download (160 downloads)

Ken Proudman of BARR LLP (Alberta)7 Comments

Enhanced Affidavit of Records
Court Forms Precedents
Feb 5, 2019

Revised version of Form 26. Cleaner formatting, particularized to the family law context, and some suggested language.

Want your assistant to learn how to complete this? Have them attend LESA's Effective Legal Support: Matrimonial Property Seminar in Edmonton on March 5, 2019, and in Calgary on March 12, 2019. Out of respect for LESA, I don't publish my slides or presentations on FamilyCounsel.ca, or otherwise distribute them.

Office Document Download (80 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

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