| Court Forms Precedents (14) |
2020 Enhanced Statement of Claim
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 (131 downloads)
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 | Ken Proudman of BARR LLP (Alberta) | 7 Comments |
REVISED Business Expense Statement (for Sweezey and Cunningham compliance)
Jan 14, 2019 Significantly revised to provide one page of instructions, only 3 pages of useful examples based on actual court decisions which have been rendered since Cunningham/Sweezey, and more room for clients/bookkeepers to fill in the form if they're doing so by hand. The instructions/example and blank form are all now in one document, so that neither part is accidentally forgotten.
Based on paragraph 48 of Sweezey v Sweezey, 2016 ABQB 131. Although Cunningham v Seveny, 2017 ABCA 4 thereafter changed the law, several decisions have now adopted the Sweezey framework.
It's preferable ... [Read More] Office Document Download (111 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
REVISED Sworn Statement of Income, Assets, and Liabilities
Feb 5, 2019 Easier-to-use version of the Court's Schedule "A" to the NTD form. With multiple rows, hints, suggested language, and page numbers.
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 (88 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
REVISED Disclosure Statement
Feb 5, 2019 Editable and easier-to-use, with several new default/suggested paragraphs, including several pertaining to the labeling of business-income disclosure.
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 (86 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
Fiat form (for the new 2018 PN2)
Apr 11, 2018 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 (78 downloads)
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| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
Kitchen Sink Notice of Application
Apr 17, 2017 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 (70 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 1 Comment |
Statement of Claim for Divorce (and Division of Matrimonial Property) Template (enhanced)
Apr 20, 2017 The existing order, but with additions such as "further exemptions", unjust enrichment language, and equal division subject to factors in MPA. Office Document Download (68 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 1 Comment |
Enhanced Affidavit of Records
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 (59 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
Notice of Application precedent (comprehensive)
Apr 17, 2017 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 (54 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 0 Comments |
Enhanced Notice of Relocation & Notice of Objection to Relocation forms (Divorce Act amendments)
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 (51 downloads) |
| Ken Proudman of BARR LLP (Alberta) | 2 Comments |
