Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Author listing includes first and last names only.
Date
-
61994.02With an increasing emphasis being placed on interlocutory proceedings, effective use of the questioning processes are as important as ever to advance your client’s case and learn and weaken your opponent’s. This paper discusses the different forms of questioning, and when and how to use them. In particular, the relevant rules, purpose, scope, types of questions, mode of questioning, and use of transcripts are reviewed for each of the following: questioning for discovery, questioning on affidavit, and questioning of a witness before a hearing. Additionally, practice points are provided to assist counsel to make the most effective use of questioning in their practice.This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.
-
61994.01Questioning a professional can be challenging. As a lawyer, you often cannot match the professional’s knowledge within his or her area of expertise. This paper addresses the challenges of questioning an expert witness, and provides strategies for dealing with professionals in questioning. It also touches upon some of the legal issues that may be encountered. Tips for preparing for questioning are provided, and situations frequently encountered when questioning professionals are discussed, including demeanor, hypotheticals, expert opinions, and rules of the road. Practical examples from questionings and excerpts from case law are also provided throughout.This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.
-
61984.05This paper considers the practical aspects of preparing court documents. First, the author discusses considerations involved when drafting pleadings, such as where to start, amendments to pleadings, and the risks associated with using precedents. Tips for drafting pleadings without precedents are also provided. Second, drafting considerations for affidavits are discussed, including avoiding arguments and capturing a client’s voice. Finally, the paper addresses interlocutory orders, and reviews the essential components of orders as well as provides tips for organization and including preambles.This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.
-
61984.04This paper touches on a variety of different issues relating to pleadings and affidavits from the frontline perspective of a seasoned practitioner. The author sets out the key Rules dealing with pleadings, provides commentary on stylistic elements in pleadings (such as defined terms, for example), and discusses relevant considerations in the drafting process, including factual advocacy v. arguments, exaggerations, and uses and abuses of precedents. Additionally, requests for particulars and limitation defences are reviewed. The second half of the paper focuses specifically on preparing affidavits, and includes a discussion of ethical considerations and the involvement of counsel in the production of drafts. This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.
-
61984.02There are two approaches to drafting pleadings: one is to be brief and general, and the other is to tell a story in the pleading. For the latter, pleadings can be an opportunity for practitioners to advocate for their clients’ causes. This paper considers this notion of pleadings as a tool of advocacy, discussing both the advantages of using a more narrative pleading, as well as the potential downsides. Example pleadings are included as appendices to help illustrate some of the items discussed in the paper.This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.
-
61984.01Pleadings do more than just serve as a gateway to the litigation process, and as such, serious attention should be given to the content of pleadings. Within this context, this paper considers five fundamental and interrelated principles: pleadings impact the process and outcome of a lawsuit; pleadings define the parameters of litigation; pleadings must include sufficient content to support a cause of action or defence; the content of pleadings restricts the issues which can be properly decided by the court; and pleadings can be amended at any time prior to the conclusion of trial, subject to limited exceptions. The treatment of these principles in select court decisions in Canada, and, more specifically, Alberta, is also discussed. Finally, this paper offers a brief comment on how judicial expectations regarding pleadings have been or might yet be affected by the Supreme Court of Canada’s recent call for a “culture shift” in litigation.This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.
-
61972.07This paper discusses the effect of the recent Supreme Court of Canada case of Hryniak v Mauldin, which revamped the test for summary judgment in Alberta. The authors provides a detailed analysis of how the case, which interprets an Ontario procedural rule, has been interpreted and applied by the Alberta courts.This paper is part of a collection presented at LESA’s Law and Practice Update in November, 2015.
-
61972.05This paper is intended to provide non-employment lawyers with a working foundation of employment law. Topic include what is and is not employment law, employment contracts, workplace privacy, common law employee obligations, poisoned workplaces, human rights obligations, ‘just cause’ and correcting employee conduct, and legislative employee benefits. This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2015.
-
61924.01Presented by members of the bench and bar, LESA’s program on summary judgment applications was enhanced by these materials: The first section is a paper analyzing Rule 7.3 and the effect that the Supreme Court’s decision in Hryniak v Mauldin 2014 SCC 7 (fully embraced by Alberta’s Court of Appeal) has had on applications in Alberta. The second section represents “cases that should be on your radar” in preparing for a summary judgment application.
-
61945.03In this whopping 110-page paper, the author points out that users of social networking sites are tripping over themselves to share their personal details online. He argues that this phenomenon requires that the practice of law adapt and recognize that: social networking sites are a gold mine of information and even evidence for litigation counsel; clients must be advised to protect themselves; and the same ethical principles apply whether one works in hard copy or in e-space. Complete with citations, this is a fascinating read. This paper is part of a collection presented at LESA’s 2015 Social Media in the Courts program.
-
61945.02Written by a member of Ontario’s Ministry of the Attorney General, this paper looks at the challenges that e-records pose for the traditional law of evidence, how that law has worked to adapt itself to the electronic age, and how the adapted law can be made to work for records originating in social media. Bibliography attached. This paper is part of a collection presented at LESA’s 2015 Social Media in the Courts program.
-
61945.01This paper lays the groundwork for an informed discussion of the technical and legal aspects of social media, answering questions like:
- If a lawyer has access to a potential juror’s LinkedIn profile, should she look at it?
- Should lawyers use social media for business communication?
- Are there risks to using social media for business communication?
