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What changes should be made to family law?

These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.


Proposal: Keep family docket's method of addressing disclosure in place as is
Court Procedure - Nov 8th

69% in favour out of 16 votes

Ken Proudman - view Arbitrator profile
BARR LLP (Alberta. Joined 2017)

The QB's Family Law Consulting Committee is seeking feedback relating to the family court disclosure process, so I thought I'd post this here so that I could pass along any feedback. Please provide any feedback before Nov 17, 2022. Alternatively, you can send your feedback directly to Teri Burant at tburant@emeryjamieson.com or 780-970-6291.

0 27 days ago

Christopher King
CK Family Law (Alberta. Joined 2018)

In the majority of cases agreeing to exchange disclosure at Docket is sufficient. However, with a difficult opposing party or no need to attend Docket, the Notice to Disclose (via desk application) lacks the teeth and efficiency of the old Notice to Disclose with a Court date. On the issue of disclosure specifically, I'd prefer a method to bypass Docket entirely to address disclosure issues.

2 27 days ago

Wayne Barkauskas, Q.C. - view Arbitrator profile
Wise Scheible Barkauskas (Alberta. Joined 2020)

I agree with Christopher, but also, if we ever get to a place where Masters could take on some of the workload, as this is a procedural and evidentiary issue, perhaps Masters could manage bare disclosure applications.

2 27 days ago

Dawn Nelson
Dawn L. Nelson, Barrister & Solicitor (Alberta. Joined 2019)

We are now cluttering up the Docket list with discussions about disclosure, just like the pre-pandemic days of cluttering up the Chambers list. Use the desk process, and even better, just do it voluntarily given that it is a mandatory step anyway.

1 23 days ago

Anne McVea
Reliance Legal Group LLP (Alberta. Joined 2021)

The current method allows parties to avoid providing financial disclosure if they choose not to. I don't think that is helpful. It is beneficial that Family Docket Court routinely sets a date for the exchange of financial disclosure as part of another application process for child support or whatever but , if one party fails to do so, then the Applicant has to write up a Disclosure Order and then make an application for contempt of court...or something.

1 15 days ago

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