Areas of Law
Areas of Law
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  • 62138.02
    This paper describes the framework used by the court to determine whether or not to order an investigation of a corporation under Part 18 of the Business Corporations Act. It explores the purpose of, test for, and proper scope of such an investigation. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
  • 62138.01
    This paper highlights some procedural issues that may arise in handling claims seeking the oppression remedies available under Part 19 of the Business Corporations Act. Both oppression claim and derivative action topics are discussed. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
  • 62118.01
    This paper provides tips for drafting effective pleadings. It sets out rules of effective written advocacy for pleadings and highlights best practices (and things to avoid) for statements of claim, statements of defence, counterclaims, and replies. It also suggests tactics that can be used alongside pleadings. This paper is part of a collection presented at LESA’s Civil Advocacy Series: Getting at the Facts program in Red Deer on April 26, 2019.  
  • 62123.03
    This paper discusses post judgment steps in an action. Topics discussed include judgment limitation, writs of enforcement, registrations with the Personal Property Registry and Land Titles Registry, demand letters, garnishment, seizure, and more. Legislation excerpts and form precedents are included as appendices. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.  
  • 62123.02
    This paper examines creditor remedies that are available prior to obtaining judgment against a debtor. It reviews attachment orders and distress seizures, including a landlord’s right of distress, seizure under security agreements, and statutory distress. It also discusses the distribution of proceeds. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.  
  • 62123.01
    This paper provides tips for dealing with civil enforcement agencies. It discusses types of enforcement and what bailiffs need before they can act. It includes letter of instruction precedents and summaries of various enforcement steps. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.  
  • OC-62098
    Appellate advocacy presents unique challenges and requires a different set of skills than those needed by trial counsel. Engage in various aspects of the art of advocacy. This on-demand program was originally presented as an in-person program in October 2018. Total running time is 4 hours, 31 minutes.
  • 62098.10
    This paper addresses three practice points related to appeals. First, it discusses bringing applications before a panel of judges. Next, it considers costs on appeal. Finally, it addresses judicial dispute resolution for appeals. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.  
  • 62098.08
    This paper provides a collection of tips, strategies, and information for appellate practice in the Court of Appeal. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.  
  • 62098.04
    This resource provides valuable information on bringing applications before the Court of Appeal of Alberta. It provides an overview of applications before a single appeal judge and before a panel, including information on fees, timelines, filing deadlines, application formats, and types of applications. It also discusses the role of the Court of Appeal’s case management officer (CMO), and outlines how to make a request or application to the CMO. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.
  • 62098.01
    The importance of the factum in an appeal cannot be understated. This paper provides factum-writing tips and strategies for the Court of Appeal. It discusses best practices and requirements for structuring a factum, and provides style strategies for drafting a well-written and compelling factum. Factum excerpts are included as writing examples. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.  
  • 62077.03
    This paper explores restitutionary damages, which focus on the advantage gained by a defendant as a result of his or her wrongful conduct. The paper discusses cases where restitutionary damages have been awarded, such as for breach of fiduciary duty. It also examines damages for mineral trespass and disgorgement awards for trespass and conversion. This paper is part of a collection presented at LESA’s The Law of Damages 2018 program in Edmonton on March 8, 2018 and in Calgary on March 15, 2018.