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62367.01A busy housing market poses unique challenges for legal support staff that require a unique approach to navigate for a successful real estate transaction. This paper examines issues that can arise during a hot housing market and considers strategies that legal support staff can employ to identify and overcome these issues. This paper was presented at LESA’s Effective Legal Support: Residential Conveyancing Red Flags webinar on September 20, 2023.
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62352.02As courts across Canada continue to struggle with reasonable expectations of privacy in the digital age, cell phones (and the information that can be gleaned from them) have become the cutting edge of this analysis. This paper explores the basic search and seizure concepts as they apply to cell phones, including the nature of the privacy interest and the relevant search and seizure jurisprudence. This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.
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62352.01Reviewing and challenging search and seizure orders is a time consuming and multi-step process. Due to the evolving nature of privacy jurisprudence, even some of the simplest cases can raise extraordinarily complex legal issues. This paper discusses the processes for reviewing orders, identifying legal issues, and crafting viable Section 8 challenges. It explores practical aspects of evaluating search cases and identifying the questions relevant to the issues that matter. This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.
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62366.01Legal support staff play an important role in identifying frequently missed issues in residential real estate transactions. This paper explores strategies and best practices to recognize and resolve red flags when working on a purchase or sale file. This paper was presented at LESA’s Effective Legal Support: Residential Conveyancing Red Flags webinar on September 20, 2023.
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62353.02Protecting a client always requires considering their individual circumstances, including capacity. This paper outlines the obligation of a commercial solicitor to assess capacity, provides identifiers for when capacity might be in question, and explores best practices for fulfilling any duty to assess capacity. This paper was presented at LESA’s Incapacity of a Corporate Director or Shareholder webinar on September 12, 2023.
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62353.01The incapacity of a director or shareholder in a corporation can significantly impact a business. This paper explores how private companies incorporated or continued under the Alberta Business Corporation’s Act (“ABCA”) can react to and prepare for the incapacity of a director or shareholder. This paper was presented at LESA’s Capacity Issues in Commercial Matters webinar on September 12, 2023.
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62361.01Wrongful death claims are very similar to personal injury claims in terms of how they are litigated. However, as they are largely governed by the Alberta Fatal Accidents Act (FAA), there are a few peculiarities that arise in these cases, of which one should be aware. This paper explores the fundamentals of this legislation and considers recent case law interpreting the FAA. This paper was presented at LESA’s Litigating Fatal Accidents Act Claims: A Primer webinar on September 21, 2023.
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62334.01Having effective file management for civil litigation matters increases the efficiency on files and can make practicing in the area more enjoyable. The first part of this paper provides strategies and advice on file management and relationship management for civil litigation matters. The second part examines the use of the Rules of Court, and how the foundational principles of proportionality and fairness should be applied in the management of civil litigation matters. This paper was presented at LESA’s Practice Foundations: Civil Litigation File Strategy webinar on June 20, 2023.
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62306.05The case of Jackson v Cooper, 2022 ABKB 609, was the first decision by Alberta courts to consider the Insurance Act amendments to the pre-judgment interest rates available for non-pecuniary/general damage awards in motor vehicle accident cases. This paper dissects Jackson, other jurisprudence, and legislation with a view to helping practitioners get a sense as to where the Alberta Court of Appeal may go with the amendments. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
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62306.04In late 2020, the Government of Alberta passed Bill 41: The Insurance (Enhancing Driver Affordability and Care) Amendment Act. Updates to various regulations have also come into recent effect including the Minor Injury Regulation, and Diagnostic and Treatment Protocols Regulation. These legislative actions have a significant impact on the way counsel practice insurance law and personal injury litigation. This paper discusses what these changes mean and how best to employ them in everyday practice. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
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62306.03This paper canvasses appellate jurisprudence to explore the element of causation in a tort action. It reviews the burden of proof, the “but for” test, and the “material contribution” test. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
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62306.02While questioning in person may never fully go away, remote questioning has yielded new tools, skills, and strategies that can make the discovery process more convenient, less expensive, and more productive for all involved. This paper explores the fundamentals of questioning, remote questioning, and remote hearings. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
