Areas of Law
Areas of Law
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  • 61913.00
    This collection of papers by a real estate lawyer outlines: • The basic requirements of an Alberta residential real estate transaction when acting for a seller. • Basic information on the Western Law Societies Conveyancing Protocol for Alberta including topics like when the Protocol is used, commercial property, closing a transaction, dealing with rejections, and making claims under the Protocol. • Fundamental on condominium transactions including a discussion of bare land condos, condominium fees and special levies, typical searches, and the requirement on a seller to produce condominium documents. • Issues surrounding the obligation on a seller to provide a real property report, closing without one, and compliance issues including encroachments. • Common problems for example dower requirements, non-resident vendors, liens, caveats and writs and how to deal with them. Precedents and other valuable information attached. These papers were presented at the Residential Real Estate for Legal Support Staff program in January-February 2014.  
  • 61914.04
    In this paper, the author offers a broad overview of the process and substance of an appeal in the child welfare context. He looks at the practical steps in the conduct of an appeal, including the requirements surrounding a notice of appeal, the standard of review, and issues relating to adducing new evidence. He concludes with tips on identifying bases for appeal. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.03
    From her perspective as duty counsel to parents in the child welfare system, this author looks at the issue of procedural fairness (including the requirements for service and notice) under the Child, Youth and Family Enhancement Act (CYFEA). Reviewing the general principles of law in this area, she examines how those principles are addressed in the CYFEA. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.02
    This paper examines the logistics of guardianship applications both before and after a PGO has been granted relating to a child in foster care. Contrasting applications under the Family Law Act with those under the Child, Youth and Family Enhancement Act, the author discusses the relevant case law and offers a look at both the funding issue and the processes. This paper was presented at the Child Welfare program in February, 2014.
  • 61914.01
    This paper explores some of the significant amendments to the Child Youth and Family Enhancement Act (CYFEA) over the past decade and those still to come from a child welfare defence lawyer’s perspective. The author’s discussion is mainly focused on Part 1, Divisions 1,2,3, and 5; Part 4; and Part 5 of the CYFEA as they relate to intervention services and orders. This paper was presented at the Child Welfare Seminar in February, 2014.
  • 61911.04
    These authors examine the issue of whether all or part of the assets in a family trust can be attached in a matrimonial claim. They look at these and other issues: the distinction between discretionary and contingent interests, the likely factors applicable in determining if a trust asset should be included in family property for the purposes of matrimonial property division, and ideas on how to avoid the problem altogether. They offer case analysis in situations where a trust was treated as family property and where it was not. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • 61911.03
    Citing Tataryn v Tataryn Estate, which established a new framework for assessing maintenance and support claims against an estate, this paper takes examines the interaction of estate law and family law, including matrimonial property claims, spousal support, and also support under the Family Law Act. The author reviews recent Alberta claims against estates by adult interdependent partners or common-law spouses, with a view to what is unique in an estate context. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • 61911.02
    This paper explores the unique challenges for those in the position of defending an unjust enrichment claim in Alberta. It outlines the test for unjust enrichment set out in Kerr v. Baranow, and discusses the tests involved in applying those principles and defending a case relying on them. The authors flag issues for defending counsel like preliminary considerations, the definition of “joint family venture”, the fact that the law surrounding unjust enrichment is subject to judicial discretion and the efficacy of negotiating settlement of these claims. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.  
  • 61911.01
    This paper provides a practical guide to bringing claims for unjust enrichment and constructive trust as a result of common-law relationships. Topics covered include: status to bring a claim, practical advice on bringing the claim and other procedural issues involving things like notices to admit facts, affidavits of records and questioning. A helpful Plaintiff’s Check List and Trial Preparation Check List are attached. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.    
  • 61901.05
    This author provides high-level, basic summaries on a select number of documents in CRA’s Policy and Guidance section most applicable to registered charities carrying out or considering carrying out “social enterprise” activities. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.  
  • 61901.04
    This paper represents an update of a 2012 LESA paper. Its scope is a discussion of directors’ duties and liabilities in the context of not-for-profit organizations in Alberta under the Societies Act, the Canada Corporations Act, and the new Canada Not-for-Profit Corporations Act. In general, the principles and concepts examined in this paper apply to special GST corporations, Crown corporations, condominium boards, and other not-for-profit organizations. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.  
  • 61901.03
    British Columbia recently introduced the “Community Contribution Company”, a hybrid of for-profit business corporation and non-profit corporation without share capital. Its purpose is to allow limited investor returns within the context of a traditional for-profit company. This paper discusses the salient features of this new corporate structure, providing a balanced overview of its challenges and opportunities. It also reviews its various incarnations in other jurisdictions and outlines its potential uses in BC and Canada generally. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.