Areas of Law
Areas of Law
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  • 62393.01
    As the common closing method in residential real estate transactions in Alberta, it is imperative that lawyers (acting for buyers and/or sellers) have a solid understanding of the Western Torrens Conveyancing Protocol (the “Protocol”). This paper provides information regarding the Protocol to set the stage for newer practitioners dealing with their first real estate transactions. This paper was presented at LESA’s Practice Foundations: Western Conveyancing Protocol webinar on February 23, 2024.
  • 62379.01
    Good legal writing is vital to be able to clearly communicate with or advocate for clients. An overriding purpose in both writing and drafting is to communicate: to convey a message from one’s mind to the readers. This paper focuses on clarity, concision, and engagement. Topics include history of legal writing, plain language, plain language writing guidelines, contract language, and artificial intelligence in legal drafting. This paper was presented at LESA’s Drafting Effective Contracts webinar on January 31, 2024.
  • 62389.01
    Civil disputes are commonly resolved through mediation, negotiation, or arbitration. This paper explores these alternatives to trial. It also includes the paper from LESA’s The Law of Damages: Resolving Damages in Alberta Outside of Court Proceedings, March 2018. This paper was presented at LESA’s Resolving Damages Outside of Court Proceedings webinar on January 30, 2024.
  • 62371.05
    When a child is apprehended, the Director (Child & Family Services) must return the child within two days or make an application for initial custody, as well as a supervision order, a temporary guardianship order, or a permanent guardianship order. This paper explores initial custody applications, including timelines and structure of the initial custody hearing , evidence, the legal test to be met, tips for counsel for the Director, tips for counsel for the parent/guardian, and next steps after the hearing. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
  • 62371.01
    This paper addresses aspects of the Alberta Child, Youth, and Family Enhancement Act (CYFEA), including the responsibilities of the Ministry of Child and Family Services and the Director, the roles of Family and Surrogate Court Litigation (FASCL) and Court Coordinators, principles that guide the interpretation and administration of the CYFEA, agreements with the Director, supervision orders, apprehension orders, temporary guardianship orders (TGOs) and permanent guardianship orders (PGOs), private guardianship, administrative reviews, and pertinent forms. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
  • 62363.01
    The Maintenance Enforcement Program (MEP) and Child Support Recalculation Program (RP) are administrative programs that operate within the Ministry of Justice. This paper explores the legislative framework for the MEP and RP; the MEP’s enforcement authority; when to serve the MEP and why; drafting orders; the MEP’s section 7 and child status policies; the Child Support Recalculation Program Regulation and the administrative limits of the RP; and the FSOS complaint review process and the ombudsman. This paper was presented at LESA’s MEP: A Primer for Legal Support Staff webinar on December 6, 2023.
  • 62364.02
    More and more family law clients and lawyers are turning to arbitration as an alternative to the courts. While many benefits exist, constraints and limits also exist. Part 1 of the paper explores various provisions of the Arbitration Act, including how they intersect and influence each other, and how the judiciary has interpreted them. Part 2 focuses on the intersection of the arbitration process and the limited jurisdiction of the court. This paper is part of a collection presented at LESA’s Collateral Issues in Family Law program in Calgary on December 1, 2023.
  • 62358.01
    A strong foundation in expert evidence is critical to being an effective criminal lawyer. This paper examines strategies that can assist criminal lawyers when navigating this element essential to many complex criminal trials. Topics include advice for selecting and qualifying your own expert witness, and advice on cross-examining an expert witness. This paper was presented at LESA’s Practice Foundations: Expert Evidence in Criminal Law webinar on November 17, 2023.
  • 62150.06
    This paper provides a brief synopsis of considerations when using expert evidence in family law trials. Topics discuss admissibility, preparing the witness, qualifying the expert at trial, examination, and cross-examination. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.05
    This short paper provides practical tips for conducting an effective cross-examination and includes discussion about impeaching a witness on inconsistent statements. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.04
    This paper explores four key areas related to direct examination: (1) basic rules for direct examination, (2) preparing witnesses, (3) how to control witnesses and proper versus improper leading, and (4) use of exhibits. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.03
    This short overview paper offers practical tips for making effective opening and closing statements when conducting a family law trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.