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62201.01This paper addresses specifically how “informal offers” of settlement have been treated and considered in contrast to “formal offers” by the Alberta Courts prior to the Rule 10.33(2) Amendment. This paper includes sample orders, Alberta Rules of Court Amendment Regulations, and excerpts from Rules of Court. This paper was presented at LESA’s To See or Not to See: The Impact of Without Prejudice Offers to Settle on Future Costs Awards webinar on November 19, 2020.
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62203.03This paper will explore the substantive and procedural requirements that exist in Alberta that are required to obtain an order permitting the service of an action outside the geographical boundaries of Canada. In doing so, the applicable Rules governing service ex juris will be examined, as well as the test that Alberta Courts apply when deciding whether to permit service ex juris. For a webinar include this statement: This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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62203.02This paper sets out four principles for drafting pleadings strategically – pleading particulars; pleading adverse interests; pleading to inform the scope of document production; and pleading to inform the scope of questioning. Applying these principles will help to ensure pleadings adequately present the claim/defence, and obtain the evidence necessary to make one’s case. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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62203.01This paper examines the differences between Rule 4.31 and Rule 4.33 and considers the legal tests that parties must meet when making an application to dismiss a claim. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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62212.07This paper focuses on 4 practical considerations for effective written advocacy: establishing your credibility as counsel, understanding your client’s objectives, preparing your case/developing the theory, and crafting a compelling narrative. This paper was presented at LESA’s Civil Litigation Series webinar on April 13, 2021.
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62212.06This paper provides a brief overview of oppression claims and derivative actions pursuant to Part 19 of the Business Corporations Act. It also contains practical information on how to determine whether there is a potential claim, the selection of the appropriate commencement document, the procedure to launch an action, other important considerations, and how to avoid oppression claims and derivative actions in the first place. This paper was presented at LESA’s Civil Litigation Series webinar on March 17, 2021.
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62212.05This detailed list provides a summary of legislative and jurisprudential authorities about how to establish facts in civil litigation matters and includes specific references to the Rules of Court and pinpointed sections in various Acts. The materials also identify strategies to help litigators choose which method of proof they should employ. This paper was presented at LESA’s Civil Litigation Series webinar on March 3, 2021.
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62212.04These materials provide suggestions and strategies for effectively managing matters in chambers. Topics include consent, ex parte, and adjournment applications; notice requirements for applications and affidavits; contents of documents; what can and cannot be heard in chambers; time limits; evidence; protocols and courtesies; costs of an application; and preparation of orders. This paper was presented at LESA’s Civil Litigation Series webinar on February 18, 2021.
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62212.03Estate litigation has unique nuances. This paper explores applicable legislation and rules that address who can be properly added as a party to estate litigation, who might have standing to participate, how litigation representatives need to function, and potential conflicts of interest that might exist. This paper was presented at LESA’s Civil Litigation Series webinar on February 4, 2021.
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62221.00This 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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62148.05This paper outlines major trial preparation steps that typically involve paralegals and identifies strategies, recommendations, and best practices for each major step. Discussion focuses on 4 main areas: (1) major preparatory steps regarding book of exhibits, agreed statement of facts, and preparing transcripts; (2) trial deadlines regarding trial readiness, witnesses, and e-trial; (3) best practices for working with experts; and (4) general strategies of preparing for a successful trial.
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62148.04This paper addresses the obligations parties have under the Rules of Court in complex litigation cases and examines some ways to manage those obligations. Topics include preparation and modification of a litigation plan, document production, maintaining and organizing the file, expert witnesses, judicial assistance managing the proceedings, and mediation.
