Publication ARCHIVE

8

Jan

Step-Parents and Child Support Obligations



The Brady Bunch was ahead of its time. The blended family sitcom of the early 1970s is increasingly common. According to the 2011 census, 12% of families in Canada are in a blended or step family. So, what would have happened if Mike had left Carol? Would he have had child-support obligations fo

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4

Jan

Arm Yourself with Knowledge



Real-life stories of family law 'negotiations' gone wrong Most people do not enter a marriage thinking that it will end. But, as we all know, relationships do break up, and couples negotiating that split often find themselves dealing with detailed, essential information at a time when they are st

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2

Oct

The Importance of Asking 'Why?' in Mediations and Negotiations



One of my favourite negotiation stories in 'The Sunday Minute' published by the Program on Negotiation at Harvard Law School, is the story by Max H. Bazerman, the Jesse Isidor Strauss Professor of Business Administration at Harvard Business School (HBS), and author of 3-D Negotiation: Powerful Tools

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28

Dec

Who Gets What? Divorce and the Division of Marital Property



When couples separate and divorce, one of the issues that must be settled is the distribution of joint property. In Alberta The Matrimonial Property Act creates a regime which governs the division of property between parties on divorce. It directs that property accumulated during the course of t

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9

Sep

Protecting the Family Businesses From Marital Breakdown



While nobody likes to think about the consequences of a failed marriage before walking down the aisle, the risks faced by shareholders in a family business can be high. After all, without the proper protection mechanisms in place, a divorcing spouse could be entitled to half their partner's shares i

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13

Jun

Beautiful BC (Except when you Die)



For many Albertans, the dream of owning property or retiring in BC is part of their life plan. No more shoveling. No more scraping ice. However, for estate planning purposes, the two provinces are surprisingly different. Albertans need to know about these differences, and, where possible, do some pl

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16

Mar

My View on Estate Mediation



In June, 2015 Phil completed the Mediating Disputes course at the Program on Negotiation at Harvard Law School Executive Education. Phil has acted as a mediator and as counsel in estate meditations since the 1990's. He previously completed Levels I and II of mediation training with the Alberta Arbi

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22

Dec

Testamentary Freedom- with Limits. Your rights and obligations to family members in estate planning.



In Alberta, we are mostly free to leave our estates to whomever we please, as long as we adequately provide for our spouse or common law partner (Adult Interdependent Partner) and dependent children (and sometimes grandchildren or great grand children if we are raising them). From a policy perspecti

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29

Sep

Property on Trial: Canadian Cases in Context



Alex worked with Professor Bruce Ziff in the development of his book Property on Trial: Canadian Cases in Context.

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12

Jun

10 Questions to Ask Before Selecting a Personal Injury Lawyer



The settlement with the insurance company is the one and only chance injury victims have to secure compensation for medical and treatment costs, loss of income and earnings capacity, and for their pain and suffering. Here are ten questions to ask a personal injury lawyer:

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1

Mar

Assessing a Monitor's Accounts is not a Rubber Stamp Exercise: Re: Winalta Inc.



Darren Bieganek, QC has been published in The Canadian Association of Insolvency and Restructuring Professionals' 2013 spring edition of Rebuilding Success, the CAIRP Magazine.

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5

Feb

Estate Freezes: What, Why, When and How



Lawyers who advise owners of closely-held corporations will be asked to assist in implementation of a share value freeze for a client from time to time. The term "estate freeze" is often applied to this type of corporate reorganization, even though it may be undertaken for reasons not involving esta

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5

Dec

The Wills and Succession Act and Amendments to the Matrimonial Property Act



The Wills and Succession Act was passed by the Alberta Legislature in the fall of 2010 and was proclaimed in force effective February 1, 2012. The legislation will have a significant impact on all wills and estate planning in the province of Alberta. The Matrimonial Property Act has also been amend

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3

Nov

Real Estate Development And Construction Project Insolvencies: Is Debt Restructuring Feasible?



While the global economy has cooled, the insolvency practice is certainly experiencing its own boom at the present. One of the hardest hit industries after the large run up in prices has been real estate development, particularly in Alberta and British Columbia. While each insolvency creates certai

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22

Mar

Case Comment on Alberta Treasury Branches v. Harder (Trustee Of): Subjectivity and Actual Knowledge Join the Test of what is Seriously Misleading



Prior to the spring of 2004, the accepted practice among bankruptcy trustees in consumer bankruptcies in this jurisdiction was to disallow a secured creditor's claim where there was an error in the serial number of a serial numbered consumer good and a search in the registry using the correct serial

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22

Nov

Protecting an Inheritance from Creditors



Fact Scenario George is a businessman whose business has not been doing well lately. He has decided to put the business into bankruptcy. Due to the nature of his business and some of his creditors, he will have some personal liability which will also require him to declare personal bankruptcy.

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