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61922.06In this paper, the authors present a practical guide to the law of adverse inference associated with a failure to call evidence. They begin by relating the common law rule and then focus on how that rule is currently applied, citing case law.This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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62147-GP$35.00 – $65.00Price range: $35.00 through $65.00Effective September 1, 2019, the Court of Queen’s Bench lifted the suspension of mandatory ADR. Now lawyers seeking quick resolution of disputes must consider alternative methods. Revisit various forms of ADR and develop strategies to enhance your use of them.
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07_45_03This paper provides an overview of dispute resolutions processes including private mediation, court annexed mediation, judicial dispute resolution and use of the waiver rule in the Rules of Court. A cost/benefit analysis of dispute resolution and alternatives are also discussed. This paper was presented at the Update 2011 program.
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62042.8BThis paper discusses the various options available to counsel when considering how to resolve a client’s dispute. It reviews the framework for mediation and judicial dispute resolution [JDR] in Alberta, and discusses considerations for selecting one dispute resolution tool over another. It also provides an overview of the civil mediation process in Provincial Court, and the arbitration process under the Arbitration Act. 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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OC-62137.01$95.00 – $445.00Price range: $95.00 through $445.00Dive into an introduction to the Tax Court of Canada and a judicial perspective on strategies for helping clients with Tax Court matters. This on-demand program was originally presented as an in-person program in October, 2019. Total running time is 42 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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62058.04This paper provides a point-form overview of debtor-in-possession restructuring. It highlights the process for obtaining plans of arrangements under the Companies’ Creditors Arrangement Act, RSC 1985, c C-36, and for proposals under Division I of the Bankruptcy and Insolvency Act, RSC 1985, c B-3. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Fundamentals program in Calgary on October 17, 2017 and in Edmonton on October 24, 2017.
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62144.07This short synopsis provides an administrator’s perspective and high-level overview of Provincial Court processes and considerations. Topics include forms, access to duty counsel, filing a civil claim, various resolution tracks, the role of the mediation office, chambers applications, and payment hearings. 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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62216.01The single most important document in any appeal is the factum. A strong factum will do most of the heavy lifting on an appeal. Alternatively, a bad factum may sink your case. This paper provides tips for writing an appellant’s factum and contains an overview of the technical requirements. This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.
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62098.10This paper addresses three practice points related to appeals. First, it discusses bringing applications before a panel of judges. Next, it considers costs on appeal. Finally, it addresses judicial dispute resolution for appeals. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.
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62319.01It 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
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61926.03This paper summarizes the principles and practices relating to both arbitration and mediation in the construction law context. A sample mediation agreement is attached. This paper was presented at LESA’s Construction Law program offered in February 2015.
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62060.03This paper discusses considerations for parties in bankruptcy and insolvency proceedings. It reviews key provisions under the Bankruptcy and Insolvency Act, RSC 1985, c B-3 [BIA] and highlights 4 common bankruptcy options available under the BIA: summary administration, ordinary administration, division one proposals, and division two proposals (consumer proposals). This paper is part of a collection presented at LESA’s 7th Annual Law & Practice Update in Edmonton on October 20–21, 2017.