This presentation explores strategies relating to:

• Adjourning and/or concluding questioning
• Giving, answering, and questioning on undertakings
• Use of questioning transcripts to further or resolve the litigation matter

This on-demand program was originally presented as an in-person program on May 12, 2023 as part of our Practice Foundations: Questioning program as part of our Practice Foundations series.

Hone your skills in questioning! In the early years of practice, many lawyers have the opportunity to develop their questioning skills—whether questioning on affidavits or as part of the discovery process. This program will provide a practical guide for lawyers who wish to expand their knowledge and fine-tune their skills in this area.

These on-demand programs will enhance your chambers advocacy skills and improve your chances of successful outcomes in chambers. These on-demand programs were originally presented as an in-person program on February 10, 2023 as part of our Effective Chambers Advocacy Program. The total running time for each presentation ranges between 13 minutes to 2 hours, 12 minutes.

It is important to present an oral argument in a way that will help the judge solve the problem. This presentation explores essential elements of effective advocacy when attending morning chambers, attending special chambers, appearing on an ex parte application, or appearing on a complex or lengthy application. It further discusses important items a judge considers when making a decision. This on-demand program also includes 6 demonstrations that provide examples of effective and less than effective chambers advocacy. This on-demand program was originally presented as an in-person program on February 10, 2023 as part of our Effective Chambers Advocacy Program. The total running time for each presentation ranges between 13 minutes to 2 hours, 12 minutes.

Concrete knowledge of the Rules of Court is critical for every litigator. Revisit the “must-know” rules, consider recent judicial treatment of select rules, and discover practical tips for running effective litigation files. Topics include pleadings and discovery, effective use of expert witnesses and the rules relating to experts in both the pre-trial and trial context, and service ex juris, jurisdiction applications, and the rules relating to jurisdiction.

Review the intricacies of Rules 4.31 (Dismissal for Long Delay) and 4.33 (Drop Dead).

Learn about effective use of expert witnesses, and the rules relating to experts, in both the pre-trial and trial context.

Learn about Service ex juris, jurisdiction applications, and the rules relating to jurisdiction.

Review topics like pleading particulars, pleading adverse interests, pleading to inform document production and pleading to inform the scope of questioning.

Learn about summary trials and summary judgment (with members of the Court of Queen’s Bench, including when and how to use these tools effectively).

In this presentation, Louise Novinger Grant discusses exclusion clauses, limitation clauses, and sole remedy provisions, including their applicability and enforceability. She highlights key cases interpreting these clauses, and provides tips for drafting such provisions. This on-demand program was originally presented as an in-person program in May 2018.

In this presentation, Leah Tolton highlights drafting principles for contracts, with reference to Bhasin v Hrynew and the duties of good faith and honesty. She also reviews key terms in contracts, including limitation of liability clauses and entire agreement clauses. This on-demand program was originally presented as an in-person program in May 2018.

In this presentation, Lori Bokenfohr discusses tax issues in business disputes. She reviews basic tax rules and presents hypothetical situations to highlight tax considerations in shareholder disputes and buyouts, tax treatment of damages, and getting a tax deduction. This on-demand program was originally presented as an in-person program in May 2018.

In this presentation, Donald Cranston QC discusses the role of lawyers in helping business clients to avoid legal conflicts and to resolve them once conflicts have arisen, without recourse to the courts, arbitration, or formal mediation. This on-demand program was originally presented as an in-person program in May 2018.

In this presentation, David Tupper provides an overview of arbitration, including the advantages and disadvantages of arbitration. He provides tips for drafting arbitration clauses and selecting arbitrators. He also discusses process considerations and hearing strategies for arbitrations. This on-demand program was originally presented as an in-person program in May 2018.

In this presentation, Richard Billington QC discusses the contemporary nature of fraud and highlights various civil remedies, including Mareva injunctions, Anton Piller orders, and remedies under parts 18 and 19 of the Alberta Business Corporations Act. This on-demand program was originally presented as an in-person program in May 2018.

Explore strategies and mechanisms for avoiding and resolving business disputes. Topics discussed include the duties of good faith and honesty, tax considerations in dispute settlements, strategic considerations in arbitration, and more. This on-demand program was originally presented as an in-person program in May 2018. Total running time 4 hours, 15 minutes.

Rule 4.33 and 4.31 of the Rules of Court (often referred to as the “drop dead” and “chronic delay” rules) have recently be subject to amendment and judicial examination. This paper provides an overview of the developing law as it relates to the requirements for an application to dismiss an action for delay under rules 4.33 and 4.31. It reviews the 2016 amendments that added a suspension period to Rule 4.33, and discusses the test for a “significant advance” as it relates to Rule 4.33 in the context of recent case law. This paper also discusses the recent relaxation of the test applied by the courts under rule 4.31, and highlights the court’s treatment of inordinate delay, credible excuse, serious prejudice, and faded memories within the context of rule 4.31. This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.

This paper is an overview of the developing law as it relates to certain material areas of Part 3 of the Alberta Rules of Court. It canvasses the Rules in Part 3 to which prior jurisprudence has been applied and some recent significant decisions respecting, and amendments to, some of the Rules in Part 3. This paper was presented at LESA’s Rules of Court Interpreted program on November 7, 2012.