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62497.06Should costs in family law matters be treated differently than in regular civil litigation matters? This paper explores the issue and provides a roadmap of costs considerations on interim applications, at trial, and in arbitrations. It also provides helpful tips when making cost submissions in family law matters. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
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62144.08This paper addresses general principles regarding recoverable costs in litigation, the 2019 Provincial Court Tariff of Recoverable Costs, and the 2019 Provincial Court Civil Procedure Regulation Part 11, Sections 38–39. The paper discusses party and party costs, enhanced costs, solicitor-client costs, and formal offers. 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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62098.08This paper provides a collection of tips, strategies, and information for appellate practice in the Court of Appeal. 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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62098.04This resource provides valuable information on bringing applications before the Court of Appeal of Alberta. It provides an overview of applications before a single appeal judge and before a panel, including information on fees, timelines, filing deadlines, application formats, and types of applications. It also discusses the role of the Court of Appeal’s case management officer (CMO), and outlines how to make a request or application to the CMO. 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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62485.05In insolvency proceedings, the priority among types of creditors determines which creditors get paid and which creditors bear a loss. This paper explores such priorities and addresses the following: assets removed from the proceeding, super-priority claims, priority claims, preferred claims, unsecured claims, and equity and postponed claims. 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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62485.02The Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act contain mechanisms to protect debtors from the enforcement of claims by creditors. This paper provides an overview of creditor protection provisions of the two statutes and explores basic stay provisions, extension provisions, and exceptions to stay provisions. In addition, it delves into reviewable transactions, such as transfers at undervalue, fraudulent conveyances, and fraudulent preferences. 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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62368.02The cross-examination of children or other vulnerable witnesses raises special concerns for an advocate. This paper discusses steps on how to prepare and modify an approach in sensitive cases while still serving a clients’ best interests. 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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62368.04The right to cross-examine is inherently embedded in the right to a fair trial. Numerable cases insist that for a fair trial, civil litigants must have the right to cross-examine, including expert witnesses. This paper explores the pre-trial questioning of an expert, the questioning of an expert, and process for the examination of an expert. 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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61834.01Current Issues Under the Rules of Court Justice Robert A. Graesser This paper discusses 4 sections from the Rules of Court: case litigation plans, mandatory pre-trial dispute resolution, dismissal for delay (“drop dead” provisions) and case management. Justice R.A. Graesser thoroughly reviews the relevant rules, canvasses the issues relating to those rules, reviews developments in case law, and makes suggestions for effectively navigating the rules. This is a must read paper for the most current perspective on these rules. Case Management Counsel Pilot Project in Edmonton Sandra L. Schulz, Q.C. This paper looks at the Case Management Counsel Pilot Project (CMCPP) in Edmonton by reviewing the experiences to date of the project. If you have questions about the CMCPP, this paper is for you. Managing Your Litigation under the New Alberta Rules of Court Justice Terrence F. McMahon Susan Borsic-Drummond Rule 4.1 establishes the principle that it is the responsibility of the parties to manage litigation. This article reviews the subsequent duties that flow from this foundational rule, including categorizing your case as standard or complex, agreeing on a litigation plan, participating in a dispute resolution process, and avoiding applications of dismissal for long delay under Rule 4.33 (the “drop dead” rule). It then discusses the use of case management judges and the Case Management Counsel Pilot Project. These papers were drawn from materials presented at the Case Management, Litigation Plans and the “Drop Dead” Rule seminar held in April 2012.
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62077.02This paper discusses damages for breach of contract. It reviews the Tercon test (Tercon Contractors Ltd v British Columbia (Minister of Transportation & Highways), 2010 SCC 4) for interpretation of exclusion of liability clauses, and then highlights judicial consideration of limitation and exclusion clauses post-Tercon. It also discusses recent judicial treatment of liquidated damages clauses. This paper is part of a collection presented at LESA’s The Law of Damages 2018 program in Edmonton on March 8, 2018 and in Calgary on March 15, 2018.
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61994.04This paper discusses dealing with challenging witnesses and counsel during questioning. It provides practical advice to allow counsel to manage various situations that may arise when encountering challenging witnesses or opposing counsel, and reviews ethical considerations. This paper is part of a collection presented at LESA’s Questioning program in Edmonton on April 19, 2016 and in Calgary on April 28, 2016.
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62325.01Tracking 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.