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62147.04This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.03This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.02This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.01This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147-GPEffective September 1, 2019, the Court of Queen’s Bench lifted the suspension of mandatory ADR. Now lawyers seeking quick resolution of disputes must consider alternative methods. Revisit various forms of ADR and develop strategies to enhance your use of them.
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62142.03This paper discusses employment and labour consideration that arise when selling a business through a share purchase or an asset purchase. Both federal and provincial legislation are discussed, and topics include occupational health and safety, human rights, privacy, and workers’ compensation law. This paper is part of a collection presented at LESA’s Buying and Selling a Business program in Calgary on December 3, 2019 and in Edmonton on December 10, 2019.
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62142.02These materials include sample representations and warranties for both an asset sale and a share sale. Both samples include extensive annotated footnotes. Alternative sample knowledge definition clauses are also provided. This paper is part of a collection presented at LESA’s Buying and Selling a Business program in Calgary on December 3, 2019 and in Edmonton on December 10, 2019.
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62142.01This paper examines key preliminary business transaction considerations including timelines, due diligence, letters of intent, and confidentiality agreements. This paper is part of a collection presented at LESA’s Buying and Selling a Business program in Calgary on December 3, 2019 and in Edmonton on December 10, 2019.
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OC-62137-GPExplore the tax nuances of various kinds of share exchanges and rollovers. Review the tax implications of the sale of shares of a private business as compared to the sale of its assets, and discover helpful strategies and documentation tips for corporate/commercial practitioners. Identify how to help your clients with matters at the Tax Court of Canada. This on-demand program was originally presented as an in-person program on October 28, 2019. Total running time is 4 hours, 45 minutes. Each presentation sold separately.
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OC-62137.07Review case law and highlight some of the legal tools for fixing mistakes in corporate and commercial documents, including common law rectification, rescission, and some provisions of the Business Corporations Act. The materials also include suggestions for how to deal with mistakes both during the drafting process and after it is completed. This on-demand program was originally presented as an in-person program in October, 2019. Total running time is 35 minutes.
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OC-62137.06Review some fundamental asset sale tax concepts to help corporate lawyers understand the basic tax consequences that could arise from the sale. Topics include classification of property, depreciable versus non-depreciable capital property, drafting tips and traps, earn-outs and contingent considerations, restrictive covenants, common tax elections, and hybrid sales. This on-demand program was originally presented as an in-person program in October, 2019. Total running time is 39 minutes.
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OC-62137.05Explore common income tax considerations that arise in share purchase transactions, with an emphasis on particularly important items for non-tax practitioners to understand. Discuss general income tax considerations and specific considerations for non-arm’s length purchase transactions. This on-demand program was originally presented as an in-person program in October, 2019. Total running time is 42 minutes.
