Areas of Law
Areas of Law
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  • 62397.01
    Due to the dynamic nature of civil litigation matters, the role of legal support staff can be challenging. This paper provides an overview of the King’s Filing Digital Service, including the new platform, digital filing service vs. email filing, and current differences between filing in Edmonton and Calgary. It also discusses the new rules relating to the civil streamlined trial process, which came into effect January 1, 2024, examines the purpose of streamlined trials, and provides an overview of the streamlined trial process and procedure. This paper was presented at LESA’s Effective Legal Support: Hot Topics in Civil Litigation webinar on March 14, 2024.
  • 62386.04
    This paper examines judicial reviews in two contexts: reviews of decisions of the Alberta Labour Relations Board and reviews of decisions made by other dispute resolution tribunals established under the Labour Relations Code. It also considers which standard of review applies and available remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.03
    This paper is an overview of the statutory appeal process, including procedural considerations and the applicable standard of review. The interplay between a party’s statutory right to appeal and their enduring right to seek judicial review is also discussed. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.02
    When can new evidence be permitted beyond what is in the certified record of proceedings or the appeal record? This paper deals with that question and reviews relevant rules and legal principles, along with some of the leading cases. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.01
    This paper explores tribunals’ jurisdictions, judicial review of interim decisions, when to ask for reconsideration and when to seek judicial review, limitation periods, service and parties, certified records of proceedings, the role of tribunals on judicial review, standard of review on the merits, procedural fairness, and remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62368.04
    The right to cross-examine is inherently embedded in the right to a fair trial. Numerable cases insist that for a fair trial, civil litigants must have the right to cross-examine, including expert witnesses. This paper explores the pre-trial questioning of an expert, the questioning of an expert, and process for the examination of an expert. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.03
    The goal, first and foremost, of cross-examination is to aid in the truth seeking process of litigation. A good cross-examination, well prepared and well executed, helps that process not simply by “attacking” unhelpful evidence, but rather by also obtaining evidence from the other side’s witnesses that is helpful to your client’s theory of the case. This paper discusses some of the approaches that lawyers can employ to plan and prepare to be successful in cross-examination. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.02
    The cross-examination of children or other vulnerable witnesses raises special concerns for an advocate. This paper discusses steps on how to prepare and modify an approach in sensitive cases while still serving a clients’ best interests. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.01
    The use of a prior inconsistent statement to impeach a witness’ testimony is an effective tool in cross-examination that serves to undermine a witness’ credibility or reliability and weaken the opponent’s case. This paper explores the legislative framework for impeachments, provides a practical strategy to impeach a witness, and provides suggestions for dealing with difficult witnesses. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62362.01
    As the courts and practitioners continue to adapt to the new realities of litigation, so too have the interpretation and application of the Alberta Rules of Court. This paper provides an overview of significant case law that has interpreted the Rules of Court on interesting points of law since September 2022. Topics addressed include limitation periods, summary judgement, amendments to pleadings, dismissal for delay, expert reports, costs, time for service of statement of claim, vexatious litigants, and appeal rights. This paper was presented at LESA’s Rules of Court 2023: Year in Review webinar on October 18, 2023.
  • 62361.01
    Wrongful death claims are very similar to personal injury claims in terms of how they are litigated. However, as they are largely governed by the Alberta Fatal Accidents Act (FAA), there are a few peculiarities that arise in these cases, of which one should be aware. This paper explores the fundamentals of this legislation and considers recent case law interpreting the FAA. This paper was presented at LESA’s Litigating Fatal Accidents Act Claims: A Primer webinar on September 21, 2023.
  • 62334.01
    Having effective file management for civil litigation matters increases the efficiency on files and can make practicing in the area more enjoyable. The first part of this paper provides strategies and advice on file management and relationship management for civil litigation matters. The second part examines the use of the Rules of Court, and how the foundational principles of proportionality and fairness should be applied in the management of civil litigation matters. This paper was presented at LESA’s Practice Foundations: Civil Litigation File Strategy webinar on June 20, 2023.