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Review the scope of questioning, including creating a useful record and presenting it in chambers, read-ins, examining non-parties, making the most of admissions, preparing your witness for questioning, creating a record for summary judgment, and more.
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This paper discusses the briefing process and explores how lawyers can educate clients on the questioning process to address misunderstandings and mistrust. It also reviews steps to help make clients better witnesses at questioning. The materials also include a sample client memo, “A Client’s Guide to Questioning”. This paper is part of a collection presented at LESA’s Questioning program in Edmonton on November 6, 2019 and in Calgary on November 12, 2019.
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Review not only the issues and processes that shape shareholder disputes but also strategies for litigating them. Examine how provisions under the Business Corporations Act can help you achieve your desired outcome.
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This paper discusses aspects of the business valuation exercise that may underlie or create consternation amongst shareholders, particularly in situations involving exits from a business. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
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This paper explores the extent to which Alberta law maintains a strict distinction between oppression remedy and derivative action. First, this paper distinguishes between personal action and derivative action in the context of Foss v Harbottle and discusses the Supreme Court of Canada’s recent Burnette decision outlining a two-step test that differentiates them. Next, this paper distinguishes between the nature of harm that must be established in each case. Finally, the paper assesses important appellate case law, including cases from the Alberta Court of Appeal. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
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This paper describes the framework used by the court to determine whether or not to order an investigation of a corporation under Part 18 of the Business Corporations Act. It explores the purpose of, test for, and proper scope of such an investigation. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
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This paper highlights some procedural issues that may arise in handling claims seeking the oppression remedies available under Part 19 of the Business Corporations Act. Both oppression claim and derivative action topics are discussed. This paper is part of a collection presented at LESA’s Shareholder Disputes program in Calgary on October 25, 2019 and in Edmonton on October 29, 2019.
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Understanding the facts is critical for all civil litigators. The materials from this skills-focused program identify techniques that will assist you in the various fact-finding stages of civil litigation matters and help you discover how to elicit the facts that best support your case and address those facts that do not.
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Anton Piller orders may be obtained ex parte to protect evidence from being altered or destroyed. This paper reviews a recent Alberta decision on Anton Piller orders and highlights some key points from the decision. It also provides practical tips for seeking an Anton Piller order. This paper is part of a collection presented at LESA’s Civil Advocacy Series: Getting at the Facts program in Red Deer on April 26, 2019.
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This paper provides tips for drafting effective pleadings. It sets out rules of effective written advocacy for pleadings and highlights best practices (and things to avoid) for statements of claim, statements of defence, counterclaims, and replies. It also suggests tactics that can be used alongside pleadings. This paper is part of a collection presented at LESA’s Civil Advocacy Series: Getting at the Facts program in Red Deer on April 26, 2019.
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Learn how to help your clients get what they actually want. Explore post-judgment enforcement, get tips for dealing with bailiffs, and review processes under the Civil Enforcement Act. Discuss non-judgment enforcement and the process for distributing funds once collected. Gain valuable knowledge to help you help your client.
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This paper discusses post judgment steps in an action. Topics discussed include judgment limitation, writs of enforcement, registrations with the Personal Property Registry and Land Titles Registry, demand letters, garnishment, seizure, and more. Legislation excerpts and form precedents are included as appendices. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.
