Areas of Law
Areas of Law
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  • 62306.05
    The case of Jackson v Cooper, 2022 ABKB 609, was the first decision by Alberta courts to consider the Insurance Act amendments to the pre-judgment interest rates available for non-pecuniary/general damage awards in motor vehicle accident cases. This paper dissects Jackson, other jurisprudence, and legislation with a view to helping practitioners get a sense as to where the Alberta Court of Appeal may go with the amendments. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.  
  • 62306.04
    In late 2020, the Government of Alberta passed Bill 41: The Insurance (Enhancing Driver Affordability and Care) Amendment Act. Updates to various regulations have also come into recent effect including the Minor Injury Regulation, and Diagnostic and Treatment Protocols Regulation. These legislative actions have a significant impact on the way counsel practice insurance law and personal injury litigation. This paper discusses what these changes mean and how best to employ them in everyday practice. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
  • 62306.03
    This paper canvasses appellate jurisprudence to explore the element of causation in a tort action. It reviews the burden of proof, the “but for” test, and the “material contribution” test. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.      
  • 62306.02
    While questioning in person may never fully go away, remote questioning has yielded new tools, skills, and strategies that can make the discovery process more convenient, less expensive, and more productive for all involved. This paper explores the fundamentals of questioning, remote questioning, and remote hearings. This paper is part of a collection presented at LESA’s Personal Injury and Insurance Update program in Edmonton on May 31, 2023.
  • 62312.03
    From the perspective of a former Applications Judge, this paper provides tips for lawyers in the following aspects of chambers applications: the questioning, the application form, the brief, and the oral argument. This paper is part of a collection presented at LESA’s Practice Foundations: Questioning program in Edmonton on May 12, 2023.
  • 62312.01
    Questioning 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.
  • 62324.01
    This paper provides an in-depth overview of the mechanisms provided within the Civil Enforcement Act (RSA 2000, c C-15 [CEA]) which allow enforcement creditors to recover on their judgments. This paper was presented at LESA’s Judgment Enforcement: A Deeper Dive webinar on March 17, 2023.
  • 62325.01
    Tracking the chronological order of an income tax dispute, this paper provides guidance on how to navigate such disputes. Topics include authorization to represent a taxpayer, audits, assessments/reassessments, objections, appeals to the Tax Court of Canada, appeals to the Federal Court of Appeal, collections, and other remedies. This paper was presented at LESA’s Dealing with Tax Disputes webinar on April 12, 2023.
  • 62323.01
    This paper provides a practical overview of judgment enforcement steps, with a detailed review of garnishment and an outline of important considerations for lawyers and legal support staff when enforcing a judgment. This paper was presented at LESA’s Judgment Enforcement: Learning to Swim webinar on March 10, 2023.
  • 62319.01
    It is important for lawyers to understand the scope of privilege, so its protection is not accidentally lost. This paper provides an overview of the various issues to consider when determining the applicability of privilege in civil litigation matters, including:
    • Types of privilege
    • Improper claims of privilege
    • Waiving privilege
    This paper was presented at LESA’s To Disclose or Not To Disclose: Applications of Privilege webinar on February 28, 2023.
  • 62289.06
    The 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.
  • 62289.05
    This paper outlines what happens when financial distress is not resolved at an early stage and when formal proceedings are necessary. It also provides a high-level overview of the three primary types of formal restructuring and insolvency processes in Canada, namely CCAA proceedings, commercial bankruptcies and proposals, and receiverships. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Essentials program in Edmonton on March 15, 2023.