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62457.04When wills and inter vivos transfers are disputed, with the donor or testator often dead, incapacitated, or infirm, the best and most objective evidence is almost always that of the drafting or advising solicitor. This paper examines situations when lawyers may be required to give evidence, potentially relevant types of privilege, waivers, and considerations when compelled or volunteering to give evidence. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.03Many wills and estates lawyers are familiar with basic tax concepts that can arise in an estate matter, such as the deemed disposition on death, spousal and other rollovers, and the tax differences between a testamentary trust and an inter vivos trust. Given their experience in matters before the Tax Court of Canada, the authors explore additional concepts including tax collection tools, tax litigation issues that might arise in a wills and estates matter, and the new reporting requirement for bare trusts. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.02Recent government initiatives have made estate planning in British Columbia more complicated and challenging than what may be the case in Alberta. It behooves Alberta lawyers advising clients who have wealth in BC, or who reside in BC, to ensure that planning undertaken does not result in unexpected taxes and fees arising under BC’s statutory regime. This paper explores the legislative framework in British Columbia and discusses how BC lawyers address the challenges posed. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62457.01This paper takes a comprehensive look at treatment of the issues across Canada and some of the common circumstances which lead to disputes. This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.
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62491.01This paper highlights the critical considerations that lawyers should keep in mind when advising clients in rural property transactions in Alberta. It explores the unique regulatory framework, practical drafting concerns, due diligence requirements, and transactional processes relevant to these properties. This paper was presented at LESA’s Buying and Selling Rural Property: What Lawyers Should Know webinar on March 19, 2025.
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62487.01The rise of digital assets in recent years has created novel challenges in family law matters. This paper explores topics on tax considerations for transferring digital assets, solutions to prevent dissipation of digital assets, the equalization of assets through reapportionment of Canadian assets, the reality of crypto asset division in family law, and compelling disclosure of digital assets. This paper was presented at LESA’s Crypto and Conflict: A Family Lawyer’s Guide to Digital Assets webinar on March 12, 2025.
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62462.04This handy reference guide provides a quick summary of key evidence considerations including relevance, materiality, authentication of documents, the best evidence rule, exclusionary rules, privilege, hearsay, prior consistent statement, prior inconsistent statement, exceptions to hearsay, the opinion evidence rule, similar fact evidence, the collateral fact rule, character evidence, the rule in Browne v Dunn, general exclusionary discretion, and judicial notice. These materials are part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.02For clients, success in chambers applications may enhance their chances of success at trial or even eliminate the need to go to trial. For lawyers, success in chambers requires meticulous preparation and adaptability. This paper provides tips to help practitioners understand the art and skill of chambers advocacy. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.07Administrative law reflects the balance between the rule of law and the authority of parliament and legislatures to establish agencies and to endow them with broad powers. Good advocacy is as important in administrative law as in civil or criminal litigation. However, there are important differences and areas worth emphasizing that are unique to administrative proceedings. This paper considers the key principles of: statutory interpretation, advocacy in the context of adjudicative decision makers, advocacy for judicial review, and advocacy for appeals to court from administrative tribunals. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.06Litigation is rarely a linear process. On the path between pleadings, discovery production, questioning, and trial, there are usually many procedural issues that pop up along the way. This paper provides a list of issues to consider when dealing with interlocutory applications in chambers. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.05Mastering the art of chambers applications is one of the most significant challenges that new lawyers face. Between remembering unwritten rules, codified rules, and at times complex protocols, acquiring chambers advocacy skills is essential for cultivating an effective litigation practice and building a reputation as a trusted advocate before the courts. This paper provides an overview of chambers advocacy and address specific topics including the jurisdiction of Applications Judges, types of common chambers applications, applications with and without notice, applications for summary dismissal, and costs in chambers matters. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.01In an appeal, counsel can often persuade the court mainly through their factum. A well-crafted factum is crucial and can determine the outcome of an appeal. Conversely, a poorly written factum can ruin a case despite excellent oral advocacy. This paper provides practical advice for drafting an effective factum including how to approach drafting and editing, the format and structure, defining issues accurately, standards of review, drafting the argument, and the concluding paragraph. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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