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62144.04This short paper provides an overview of Provincial Court pre-trial conferences. It discusses notices, settlement, other remedies, expert reports, and more. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
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62144.02This paper provides a basic outline of the four resolution tracks – binding judicial dispute resolution, pre-trial conference, simplified trial, or general trial – that a Provincial Court civil matter may be screened into after mediation has been excluded as an option or has failed. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
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62144.06This short paper offers a Provincial Judge’s perspective and tips into matters of trial preparation and conduct. Comments address topics such as preparation considerations, communicating with opposing counsel and the Court, opening statements, examination-in-chief, hearsay, cross-examination, objections, and closing statements. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
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62042.22This paper analyzes purchase price adjustments in share and asset transactions that involve the purchase and sale of a going concern business. It also addresses working capital adjustments, earn-outs, environmental and other holdbacks, and other typical price adjustment provisions. It provides concrete examples of contractual provisions governing purchase price adjustments and describes their key features. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62036.04This paper reviews the specific rules and exceptions in the Rules of Court for questioning certain categories of witnesses. In particular, it discusses questioning corporate representatives under rules 5.4, 5.17, 5.18, and 5.29. It also considers questioning minors under rule 5.17, including court applications to determine competence and providing adequate protection to a child in questioning. Finally, the paper discusses questioning professional defendants, highlighting relevant case law. This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.
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62312.01Questioning for discovery, questioning on affidavit, and questioning a witness before a hearing are each important tools available to you as counsel to advance your client’s case and to both learn and weaken your opponent’s case. Each form of questioning also assists in potentially building a record sufficient for adjudication by the court on an application or encouraging settlement by the early exploration of key issues. However, in order to use each form of questioning effectively, counsel must understand the differing purposes of each type of questioning as well as when and how to use them. This paper is part of a collection presented at LESA’s Practice Foundations: Questioning program in Edmonton on May 12, 2023.
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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.
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62144.05This paper provides a practical, in-depth discussion of the Provincial Court regulations. Topics include pleadings, applications, resolution tracks, and service of documents. Screen shots and sample forms are included. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
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62289.06The paper provides a high-level overview of restructuring alternatives available to corporate debtors under the following pieces of federal legislation. It explores strategies when advising corporate clients and invites readers to consider early engagement with corporate clients seeking advice, even when they claim to have a solution to their financial woes. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Essentials program in Edmonton on March 15, 2023.
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62147.04This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
