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62216.02This paper contains an overview of the technical requirements for writing a respondent’s factum in the Alberta Court of Appeal. It also provides tips for writing this type of factum (as compared to an appellant’s factum). This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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62216.01The single most important document in any appeal is the factum. A strong factum will do most of the heavy lifting on an appeal. Alternatively, a bad factum may sink your case. This paper provides tips for writing an appellant’s factum and contains an overview of the technical requirements. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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62228.01Presented in the style of short snappers, this paper provides an overview of significant case law that interprets the Alberta Rules of Court on interesting points of law during the ‘COVID-19 years’ (2020-2021). Themes addressed include limitation periods, varying and setting aside orders, dismissal for delay, summary judgment post-Hannam, expert reports, remote questioning, and affidavits of records. This paper was presented at LESA’s Rules of Court Year in Review: What Litigators Need to Know webinar on September 14, 2021.
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OC-62228Discuss from a practice perspective case law that has interpreted the Rules of Court on interesting points of law during the pandemic. This on-demand program was originally broadcasted as a webinar on September 14, 2021. Total running time is 1 hour, 31 minutes.
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62217.03Full of practical tips and considerations, this paper focuses on helping clients recover what they are owed, particularly by dodgy debtors, slippery swindlers, and downright scoundrels. It canvasses basic judgment enforcement principles, non-court remedies, and advice on how to litigate these types of matters. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 18, 2021.
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62217.02Surveying prompt payment schemes in other countries and provinces of Canada, this paper discusses Alberta’s Prompt Payment and Construction Lien Act. It also provides an overview of key features of this new piece of legislation. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 11, 2021.
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62217.01Insolvency and restructuring proceedings in Canada involve complex legislation and common law rules and different insolvency regimes are often confused to be the same thing. When a company is unable to fulfill its obligations (financial or otherwise), we often hear the common parlance that such company is “bankrupt” or subject to “bankruptcy proceedings”. The distinction, however, between different insolvency regimes is critical, particularly where the intention is to restructure as opposed to liquidate these companies. This paper offers a high-level summary of the recovery practice in Canada. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 11, 2021.
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OC-62236Identify, unpack, and intervene in systemic racism within legal institutions and your own practice. Moving beyond a diversity and inclusion lens, this session encourages members of the legal community to develop an anti-racist framework. This on-demand program was originally broadcasted as a webinar on September 9, 2021. Total running time is 1 hour, 54 minutes. This on-demand program is complimentary.
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62201.01This paper addresses specifically how “informal offers” of settlement have been treated and considered in contrast to “formal offers” by the Alberta Courts prior to the Rule 10.33(2) Amendment. This paper includes sample orders, Alberta Rules of Court Amendment Regulations, and excerpts from Rules of Court. This paper was presented at LESA’s To See or Not to See: The Impact of Without Prejudice Offers to Settle on Future Costs Awards webinar on November 19, 2020.
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62203.03This paper will explore the substantive and procedural requirements that exist in Alberta that are required to obtain an order permitting the service of an action outside the geographical boundaries of Canada. In doing so, the applicable Rules governing service ex juris will be examined, as well as the test that Alberta Courts apply when deciding whether to permit service ex juris. For a webinar include this statement: This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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62203.02This paper sets out four principles for drafting pleadings strategically – pleading particulars; pleading adverse interests; pleading to inform the scope of document production; and pleading to inform the scope of questioning. Applying these principles will help to ensure pleadings adequately present the claim/defence, and obtain the evidence necessary to make one’s case. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
