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Fishman Beley Articles:
NOTE:
Some of these articles have not been updated since they were originally written. Care should be taken in using these materials as the cases may have been appealed, and certainly new case law as well as new statute law has come along since the date these were prepared.
DISCLAIMER:
SEE IMPORTANT LEGAL NOTICES
Retroactive Child Support - Case Comment - The Supreme Court of Canada Child Support Tetrology - 2006
Where the payor's income has increased, the payee's right to recover payments retroactively is the right of the child and will generally be allowed, for up to three years of payments.
Unjust Enrichment - 1996
One of the ways that property issues are resolved is through the finding of Unjust Enrichment which allows the court to make an order of Restitution. It is closely related to the constructive trust which is a declaration by the court that one person has earned an entitlement to share in an asset. This article written for a Law Society of Manitoba Continuing Legal Education Seminar on March 5, 1996.
This area of the law is of particular interest to the non-married or same sex couples who may have acquired assets together, but in the name of only one of them.
This comprehensive article was originally prepared as a chapter for the Bar Admissions Family Law materials. It has been updated to include recent developments. Oriented to the beginning lawyer, or the self-represented in family law, it touches on the usefulness, basic procedure, basic legal and drafting issues, and preparation for the argument.
Federal Child Support Guidelines - Case Update - January 1998
This article was prepared for a Law Society of Manitoba Continuing Legal Education Seminar on the Guidelines in January 1998. Please note that the case law was considered as of about November 1998. More importantly, for Manitobans, the Manitoba Child Support Guidelines have since been enacted. These guidelines are slightly different that the federal ones upon which the article is based). Given the novelty of the guidelines, important decisions of the courts are being made on a daily basis, inevitably changing the law. Some of the cases quoted or referred to have gone onto the appellate level and have been significantly changed. Hopefully, the article will introduce you to some of the questions.
Child Support Guidelines - Case Update May 11, 2000
This article was part of a Law Society of Manitoba Continuing Legal Education Seminar on that date, in which other presenters dealt with the changes in the law of spousal support, variations and Reciprocal Enforcement of Support procedures. The paper focuses on appellate decisions and also Manitoba Queen's Bench decisions.
Effective use of Case Management Conferences
This article was one of two that Terry Beley did for the Law Society of Manitoba's program "Family Practice in the New Millennium: Managing Your Case Efficiently and Effectively". It is in point form and will be a good reference for the experienced and inexperienced alike.
This article is the second of the two articles that Terry Beley did for the Law Society of Manitoba's program "Family Practice in the New Millennium: Managing Your Case Efficiently and Effectively". This is a good summary of the ways things actually work in real life with helpful hints for the presentation of a case or motion effectively.
This extensive paper is an adaptation of the chapter Terry Beley originally wrote a number of years ago for the Family Law Bar Admissions Course. It explores the law, the different kinds of agreements and in particular separation agreements, pre-nuptials, and cohabitation agreements, as well as providing a primer in negotiation, drafting and tactical considerations. The case law references are a few years old, and therefore should be used with caution. This comprehensive approach to the subject is a good starting place for anyone looking into the negotiation or drafting of a family law agreement.
How to Avoid, Terminate or Vary Spousal Support
This article is the text of Terry Beley's remarks to a Family Law Subsection Continuing Legal Education seminar held in 1998. He moves on from his initial reaction that "you can't!" to summarize a broad range of ideas and strategies. The case law quoted is as of that date and should be updated by anyone intending to use it.
