Areas of Law
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  • 62464.04
    The determination of damages is key to any wrongful dismissal claim. It is fundamentally important to understand the principles that apply to the assessment of damages and the onus of proving or rebutting a damages claim. This paper explores the issues to consider as part of a damages assessment, including reasonable notice, additional damages (punitive, exemplary, aggravated), mitigation, other causes of action, and practical considerations. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62013.05
    Understanding how to anticipate and gauge damages is key for any practitioner in employment law. This paper provides an overview of the issues to consider in a damages assessment, including reasonable notice and valuation, economic factors, additional damages (punitive, exemplary, and aggravated), mitigation, the duty of honesty and good faith, and other causes of action. References to relevant case law are included throughout the paper.
    This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 5, 2016 and in Calgary on October 13, 2016.
     
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  • 62396.06
    This paper explores topics that frequently arise with domestic contracts, including: identifying parties’ motivations, disclosure considerations, negotiation factors, agreement drafting, formal requirements, independent legal advice, and costs and legal fees. This paper is part of a collection presented at LESA’s Advanced Family Property program in Edmonton on May 16, 2024.
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  • 62314.04
    Attempting to pierce the corporate veil can be risky. This paper explores the history of piercing the corporate veil and some key considerations that lawyers should keep in mind when they contemplate doing so. This paper is part of a collection presented at LESA’s Directors and Officers: Duties, Liabilities, Coverages program in Edmonton on January 26, 2023.
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  • 61875.12
    This paper seeks to address the following questions that challenge both junior family law counsel and senior practitioners: How can lawyers juggle various files while keeping their practice moving forward while, at the same time, minimizing stress and having a life outside of the office? Divided into sections, this paper discusses important topics such as planning a career, client service, and time management. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.  
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  • 62092.07
    Understanding corporate obligations and oppressive conduct can often be helpful for family law lawyers dealing with matrimonial property disputes that include corporate interests. Within this context, this paper provides an overview of corporate control and minority shareholder rights, and discusses investigations and oppression actions under Parts 18 and 19 of the Alberta Business Corporations Act. It also highlights various remedies, including injunctive relief and Anton Piller orders. This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on September 20, 2018 and in Edmonton on September 27, 2018.  
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  • 62027.03
    This paper addresses boilerplate provisions in contracts. It highlights 10 common boilerplate provisions, and discusses why to include or exclude them in an agreement. It also provides sample boilerplate clauses. The provisions discussed include: recitals and attachments; heading, articles, and sections; entire agreement; no waiver; severability; assignments; governing law; counterparts; time of essence; and notice. This paper is part of a collection presented at LESA’s Contract Review and Clause Negotiation seminar held in Edmonton on February 15, 2017 and in Calgary on February 23, 2017.  
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  • 62013.02
    This resource identifies 10 considerations for employment contracts, and provides supporting case citations for each. Items discussed include: offer and acceptance, crystallization of terms, terminating a contract, probationary periods, the Employment Standards Code, changing a contract, among others.
    This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 5, 2016 and in Calgary on October 13, 2016.
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  • 62014.09
    This paper examines common tax issues encountered in general practice, and provides a summary of recent developments in legislation, administrative practice, and case law. It is especially relevant to those practitioners involved in the purchase or sale of businesses or in the set up and reorganization of family businesses and other closely-held corporate structures. In particular, the following topics are discussed: the sale of goodwill, the small business deduction, surplus stripping by individuals, and capital gains stripping by corporations. This paper is part of a collection presented at LESA's 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.  
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  • 61922.05
    This paper focuses on the many ways of proving facts in court.  It summarizes those ways, providing details on using each, for instance:  by consent, through live testimony, by affidavit, through transcripts of questioning or written questions, and by other means. It then provides guidance on choosing a proper method of proof based on one’s goals and considerations.
    This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
     
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  • 62212.05
    This detailed list provides a summary of legislative and jurisprudential authorities about how to establish facts in civil litigation matters and includes specific references to the Rules of Court and pinpointed sections in various Acts. The materials also identify strategies to help litigators choose which method of proof they should employ. This paper was presented at LESA’s Civil Litigation Series webinar on March 3, 2021.
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