Litigation
Showing 229–240 of 248 results
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The Law of Damages 2018 Program Materials
This seminar explored the law of damages, including common evidentiary issues, recent trends, and current case law. It provided tips for proving damages outside of court proceedings. It also discussed restitutionary alternatives to damages, among other topics.
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The Law of Tendering – Case Law Update
$35.00This paper discusses and summarizes the key principles and recent developments in the law of tendering. Specifically, it looks at the law relating to the ability of contractors to escape the downside of a bad bid and the liability of owners to disappointed bidders, beginning with the decision in Ron Engineering.
This paper was presented at LESA’s Construction Law program offered in February 2015.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
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The Legal Research Process – A Reminder of the Basics
$35.00This paper was presented at our Legal Research seminar held in October of 2011. This paper goes through the basics of legal research and provides a flow chart for prioritizing the law, a noting up checklist, a legal research sources checklist and a guide to citing cases to the Alberta Courts.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Oppression Remedy versus the Derivative Action
$65.00Author: Shannon O’Bryne
This paper explores the extent to which Alberta law maintains a strict distinction between oppression remedy and derivative action. First, this paper distinguishes between personal action and derivative action in the context of Foss v Harbottle and discusses the Supreme Court of Canada’s recent Burnette decision outlining a two-step test that differentiates them. Next, this paper distinguishes between the nature of harm that must be established in each case. Finally, the paper assesses important appellate case law, including cases from the Alberta Court of Appeal.
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.
These materials are an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an email with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Privilege of Invoking Privilege
$45.00This paper provides an overview of the law of privilege. It also provides a case analysis of the following 4 decisions on privilege from the Supreme Court of Canada in 2016: Canada (Attorney General) v Chambre des notaires du Quebec, 2016 SCC 20; Canada (National Revenue) v Thompson, 2016 SCC 21; Lizotte v Aviva Insurance Co of Canada, 2016 SCC 52; and Alberta (Information and Privacy Commissioner) v University of Calgary, 2016 SCC 53.
This paper is part of a collection presented at LESA’s Civil Advocacy Series: Evidence seminar in Edmonton on May 2, 2017 and in Calgary on May 4, 2017.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Recipe for Successful Legal Project Management: Ingredients to Adopt in Practice
$55.00Legal project management [LPM], described as the recipe for competitive advantages to firms of all sizes, is outlined in this paper. The paper discusses the basics of LPM, its history and development, and strategies for introducing LPM into a firm to ensure that clients and lawyers start off and stay on the same page throughout their dealings.
This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Reliability Factor under the Principled Approach to Hearsay: “Can you Trust the Dead Guy?”
$45.00Since R. v. Khan, the principled approach to hearsay has largely overtaken the traditional exceptions to the hearsay rule, dealing in issues of reasonability and necessity. This paper discusses both, as well as some examples of when hearsay has been sought to be admitted, the test of probative value versus prejudicial effect, ultimate reliability and the question of “if, when and how to object”. A practical example of an objection on the ground of improper hearsay is attached.
You can also access this paper by purchasing the seminar on demand. Seminars on demand allow you to stream video recordings of seminar speakers and download papers as PDFs.
This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Role of Questioning in the Summary Judgment and Summary Trial Environment
$35.00Author: Donna C. Purcell QC
This paper addresses options and issues to approaching questioning where summary judgement or summary trial is, or may be, relevant. The paper also examines some recent case law and addresses the use of Alberta Rules of Court Rule 6.8.
This paper is part of a collection presented at LESA’s Questioning program in Edmonton on November 6, 2019 and in Calgary on November 12, 2019.
These materials are an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an email with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Rule in Browne v. Dunn
$35.00This paper provides background and also updated information on the rule in Browne v. Dunn. Discussion centres around the old and new approaches to the rule and the consequences of its breach.
You can also access this paper by purchasing the seminar on demand. Seminars on demand allow you to stream video recordings of seminar speakers and download papers as PDFs.
This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Use of Expert Witnesses in the Civil Litigation Process
$65.00This author examines the role of the legal assistant in facilitating the use of the expert witness on a litigation file. Citing the relevant Rules of Court, the author looks at tasks and issues from sending letters of instruction and the proper form of an expert’s report to serving expert reports and arranging for an expert’s attendance at trial.
This paper was presented at the Civil Litigation Procedures for LSS Seminar in February 2014.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
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The Walking Dead: Recent Treatment of Rule 4.33 and Rule 4.31 of the Rules of Court, Alta Reg 124/2010
$55.00Rule 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 seminar held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
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Time Management, Client Management, File Management
$85.00This paper deals with managing a litigation practice. It is divided into two sections: the first discusses the critical skills necessary to be a good litigator; the second contains a collection of precedents that may be of particular assistance to young litigators. It includes a discussion of 3 critical skills: client management, file management, and time management. As well, styles of litigation practice and the Code of Conduct are also considered.
In addition, this paper contains 31 valuable precedents, including a file opening questionnaire, retainer letter, various letters to different agencies and entities (particularly related to an insurance or personal injury practice), client reporting letters, a statement of receipts and disbursements, a general will, personal directive, and enduring power of attorney.
This paper is part of a collection presented at LESA’s Managing a Litigation Practice seminar held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.
Showing 229–240 of 248 results