Areas of Law
Areas of Law
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  • 60_08_03
    This paper covers the general principles of causation, the evolution of the law on causation and developing trends. The paper focuses on the recent Alberta cases of Nattrass v Weber, 2008 ABQB 259, Meyers v Moscovitz, 2003 ABQB 468, and Philip v Bablitz, 2004 ABQB 2, which were decided following the Supreme Court of Canada case of Resurfice Corp v Hanke, 2007 SCC 7. This paper was presented at the Health Law program which was held in Edmonton on March 3, 2011 and in Calgary on March 10, 2011.
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  • 61838.03
    This paper provides a comprehensive overview of the law of causation, including a review of the case law beginning with the House of the Lords and concluding with the Supreme Court of Canada trilogy of Snell v. Farrell, Athey v. Leonati, and Hanke v. Resurfice. The author then considers the application of the SCC articulated principles in recent Alberta and B.C. cases and draws conclusions about the state of the law. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.
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  • 61926.05
    In this paper, the authors provide a detailed look at CCDC (Canadian Construction Documents Committee) contracts. Specifically, they look at the purpose of CCDC contracts, common contracts, common issues relating to these contracts and subjects on which they are silent. This paper was presented at LESA’s Construction Law program offered in February 2015.  
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  • 62462.02
    For clients, success in chambers applications may enhance their chances of success at trial or even eliminate the need to go to trial. For lawyers, success in chambers requires meticulous preparation and adaptability. This paper provides tips to help practitioners understand the art and skill of chambers advocacy. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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  • 62467.03
    Focusing on the steps traditionally taken by the legal assistant, this paper outlines the major steps to prepare an application in morning chambers as well as via a special application. It also provides strategies, recommendations, and best practices for each major step. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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  • 62334.01
    Having effective file management for civil litigation matters increases the efficiency on files and can make practicing in the area more enjoyable. The first part of this paper provides strategies and advice on file management and relationship management for civil litigation matters. The second part examines the use of the Rules of Court, and how the foundational principles of proportionality and fairness should be applied in the management of civil litigation matters. This paper was presented at LESA’s Practice Foundations: Civil Litigation File Strategy webinar on June 20, 2023.
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  • 62485.04
    This paper provides an overview of the procedure and law regarding claims that survive bankruptcy under s 178(1) of the Bankruptcy and Insolvency Act and opposition to a bankrupt’s discharge from bankruptcy under sections 172.1 and 173. It also delves into the types of claims that survive bankruptcy, creditor opposition to discharge, tax debt that exceeds 75% of the unsecured debt, and applications for discharge when the trustee has been discharged. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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  • 62058.03
    This paper provides an introduction to key considerations in bankruptcy law and practice. In particular, the paper discusses claims and debts that survive bankruptcy, opposition to a bankrupt’s discharge from bankruptcy, and the stay of bankruptcy proceedings. It includes practice tips for lawyers new to or less familiar with bankruptcy law. The paper includes a sample notice of intended opposition to discharge of the bankrupt and a sample application to lift stay of proceedings. 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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  • 62368.01
    The use of a prior inconsistent statement to impeach a witness’ testimony is an effective tool in cross-examination that serves to undermine a witness’ credibility or reliability and weaken the opponent’s case. This paper explores the legislative framework for impeachments, provides a practical strategy to impeach a witness, and provides suggestions for dealing with difficult witnesses. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
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  • 62022.03
    This paper explores the lawyer-client relationship in managing conflict. It reviews the foundation of the Conscious Conflict Resolution [CCR] Program and provides practice tips to help lawyers and clients better manage fear and conflict in litigation. This paper is part of a collection presented at LESA’s Client Relationship Essentials seminar in Edmonton on April 18, 2017. This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.  Click here to view sample
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  • 62147.01
    This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. 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.  
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  • 62221.00
    This paper describes the collections process, specifically, the procedures used to collect secured and unsecured debt, their commonalities, and the differences of which a lawyer must be aware.
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