Areas of Law
Areas of Law
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  • 61922.02
    This 35-page paper represents a refresher on the basic rules and principles applied by Alberta courts relating to the use of party-appointed expert witnesses.  Included is information on when expert evidence is allowed, qualifying an expert and ensuring that he or she stays within that qualification when testifying, details on the ultimate issue rule, the professional obligations of an expert witness, independence and bias considerations, and practical and procedural issues. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
  • 61922.01
    This paper deals with these evidence-related issues:  document admissibility, how to introduce documents into evidence, how weight is apportioned to an exhibit, and details surrounding the best evidence rule. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.  
  • 61925.00
    Prepared by two experienced practitioners, this package of papers provides an overview of judicial review.  It includes practical considerations for the process, the relevant Rules of Court (and procedure applicable to judicial review), the standards of review, and the limitations on tribunals and their counsel before the courts. Precedents are included.
    This paper was presented at the Fundamentals of Judicial Review seminar in September 2014.
     
  • 61887.01
    This paper reviews some of the fundamental concepts of mediation before offering ideas, observations, and analysis aimed at advancing the mediation cause in a positive direction. Grounding his discussion in a fusion of theory and practice, the author introduces useful and progressive articles and books on the subject of mediation. Some of the many topics covered include psychological considerations in dispute context, autonomy/self-determination, theory versus practice, and preparation for advocacy. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
  • 61916.08
    $65.00
    This paper provides a short overview of the terminology related to costs, for example the difference between “party and party costs” and “solicitor and own client costs”. The author also discusses the factors considered by the courts in making a costs award, the assessment of costs by the assessment officer and the role of Schedule C. This paper was presented at the Civil Litigation Procedures for LSS Seminar in February 2014.
  • 61916.06
    This paper provides a background to the pre-trial dispute resolution processes available to parties to an action in Alberta, discussing the pros and cons of each type of ADR and the details about the requirements of each. The author also explains the different ways that a trial may be scheduled where ADR is unsuccessful. This paper was presented at the Civil Litigation Procedures for LSS Seminar in February 2014.
  • 61916.04
    This 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.
  • 61916.01
    This paper provides an overview of the typical litigation file, and the assistant’s role in it, as it moves through the court process. Beginning at the start of an action, the author covers issues like preparing commencement pleadings, their time lines, ending litigation without a trial (default judgments, summary judgments, striking for delay), documents relating to the questioning process, the road to trial and how to prepare for it, and post-trial documents like the bill of costs. A civil claim process flowchart and document precedents are attached. This paper was presented at the Civil Litigation Procedures for LSS Seminar in February 2014.
  • 61869.06
    After briefly outlining the definition and purpose of a municipality, this paper overviews municipal decisions and delegation. This paper also provides tables organized according to important sections of the Municipal Government Act and whether decisions are made by bylaw or resolution. This paper was presented at the 2013 Municipal Law program.
  • 61869.05
    This paper is organized into ten parts to guide the reader through the most important provisions dealing with property assessment in Alberta as well as some of the taxation provisions. Case citations have been provided for MGA sections 470 and 362. This paper was presented at the 2013 Municipal Law program.
  • 61869.02
    The area of planning offers municipalities the opportunity to shape both short term and long term growth; it is a dynamic and changing area as municipal councils use planning tools to establish frameworks for their municipalities. This paper explores the framework of planning law, including various planning documents and entities that play a role in planning decisions in order to aid the reader in navigating this area of law. This paper was presented at the 2013 Municipal Law program.
  • 61869.01
    This paper discusses the rules established by the Provincial government and set out in the Municipal Government Act and related regulations that a municipal corporation must follow. These legislative requirements are meant to ensure that the taxpayers’ money is properly accounted for and spent. Although these requirements also intend to ensure transparency and accountability, the author cautions that it can be difficult to effectively challenge resolutions or bylaws relating to municipal financial matters. This paper was presented at the 2013 Municipal Law program.