Areas of Law
Areas of Law
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  • 61887.14
    As Binnie J once said, the difference between a factum and an oral argument is that the factum gives a lawyer a crack at the court, but an oral argument gives the judges a crack at the lawyer. This paper discusses important issues for anyone preparing for an oral argument before the Court of Appeal. Details include: how to properly prepare for oral argument, making a good delivery, including tips on making the best points first, when and how to answer questions from the court, and handling any hypothetical questions and analogies. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.  
  • 61887.13
    This paper provides a very concise and detailed comparison of the mandate and duties of the case management officer and case management counsel. Details include what a case management officer can do for you and the top tips for successfully navigating Court of Appeal procedure. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.12
    This paper offers very practical tips, strategies, and techniques for lawyers looking to think outside the box during litigation, specifically suggesting measures geared toward hastening file resolution. Topics include these: Helping a client through the process without getting bogged down, file management that moves things along, and taking steps quickly , for instance scheduling an ADR prior to questioning, dealing with the sequelae of questioning immediately after it ends, and the fastest way to handle undertakings. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.  
  • 61887.11
    Recognizing that a lawyer’s reputation can be affected by his or her timeliness in responding to others and in his or her file management practices, this paper identifies common reasons why litigation files often grind to a standstill. The author goes on to provide suggestions for preventing such a standstill. Some of the topics covered include client management, psychological considerations, dealing with non-responsive counsel, settlement overtures, and dealing with incivility. Relevant Code of Conduct excerpts are attached. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.10
    This paper examines the Rules of Court as the tool for keeping things on track. Specifically, the author examines the Rules involving litigation management generally, litigation plans, issues in joint responsibility for litigation management, summary trials and summary judgments, using notices to admit and questioning a witness in a summary proceeding. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.08
    Is litigation privilege afforded to “ingathered documents” like information gathered from social media sources? After raising this and other questions regarding litigation privilege, unprivileged original documents, and privacy issues, this author discusses how the litigation privilege issue might be approached by Alberta lawyers today and in the future. First, she provides a refresher of the basic principles of privilege in general and litigation privilege in particular. Next, she summarizes the leading Canadian cases dealing specifically with the application of litigation privilege to copies or collections of otherwise unprivileged documents. Last, the author makes suggestions for resolving this question in future. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.06
    This paper addresses the process for requesting records from the RCMP in the context of motor vehicle accident litigation where the RCMP is not a named party. Essentially, this paper represents a general overview of the current practices of the Business & Regulatory and Public Security, Deference and Immigration sections in the Edmonton office for the Prairie Region of the Department of Justice. Draft form of consent order for disclosure attached. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.05
    This paper focuses on the access to information provisions under the FOIP Act, HIA, and PIPA. Written concisely and organized into comprehensive tables, the author examines questions like these, answered according to the legislation involved: “What are my access rights?”, “How will I know what fees will be charged?”, “What is the review process?” and “Can I be excused from paying the fees?” Other details include the role and mandate of the Commissioner, the nuts and bolts of the review process and third party rights in access to information. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.04
    $35.00
    This paper provides a non-comprehensive list of categories of class action law suits that have been filed against the government with varying success. Other topics of discussion include the perils of suing the government, alternative remedies and preferable procedures, and settlement issues. Attached is an examination of the most recent SCC and Alberta decisions and developments in class action law. This paper was originally produced for Western Canadian Class Actions Conference 2013 (Continuing Legal Education Society of BC: January, 2013) This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61887.03
    Acknowledging the popularity of ADR, this author suggests that resolution under these processes can be hindered by a lack of advocacy in the dispute resolution. She offers some tips and traps for the lawyer participating in ADR to ensure the most favourable results. Details include: choosing the most appropriate form of ADR, preparing written materials, preparing the client, and conducting oneself at the ADR proceeding itself. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.  
  • 61887.02
    This author focusses on the role of alternative dispute resolution (ADR) within organizations. After looking at the elements of an ADR system, she moves on to what an ADR looks like within an organization, providing practical advice for both in-house and outside counsel. In addition to a thorough bibliography, the author also provides useful visuals such as a concern handling workflow chart and a sample tracking report. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.