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  • 62014.09

    2016 Tax Update

    $65.00
    This paper examines common tax issues encountered in general practice, and provides a summary of recent developments in legislation, administrative practice, and case law. It is especially relevant to those practitioners involved in the purchase or sale of businesses or in the set up and reorganization of family businesses and other closely-held corporate structures. In particular, the following topics are discussed: the sale of goodwill, the small business deduction, surplus stripping by individuals, and capital gains stripping by corporations. This paper is part of a collection presented at LESA's 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.  
  • 62014.07

    The Power of Pleadings

    $35.00
    Taking extra time at the outset of a case to properly frame a client’s claim can pay dividends in the long run. This paper seeks to illustrate the importance of pleadings in civil litigation. It includes an overview of the technical requirements for pleadings, as well as a discussion of the following topics: amending pleadings, requests for particulars, venue selection, notices to co-defendants, and third party notices.
    This paper is part of a collection presented at LESA’s 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.
     
  • 62014.06

    Dower Rights, Protocol and Title Insurance: When, Why and How

    $65.00
    This paper provides a discussion of current issues in closing residential real estate transactions from a practitioner’s point of view. Issues addressed include compliance with the Dower Act, use of Western Torrens Protocol, and why and when a buyer may want to obtain Title Insurance. In addition, suggestions for avoiding or resolving closing-related problems are provided. Included with the paper is a sample dower release, a sample order dispensing with dower in a divorce, a sample affidavit dispensing with dower for an incapacitated spouse, and a sample affidavit dispensing with dower when divorce is not final.
    This paper is part of a collection presented at LESA’s 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.
  • 62014.05

    Top 10 Practice Management Tips

    This paper is complimentary.
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  • 62000.06

    A Common Law Right to Privacy

    $65.00
    Until very recently, there was no common law right to privacy in Canada. Now, some jurisdictions in Canada recognize such a right, while others refuse. Although Alberta has yet to clearly recognize a common law right to privacy, the author submits that it is only a matter of time. This paper examines the development of a common law right to privacy, and discusses the general cause of action, including damages. The author discusses developments in the UK, United States, British Columbia, Alberta, and Nova Scotia. This paper is part of a collection presented at LESA’s 2016 Privacy Update program.
  • 62003.01

    Difficult Clients and Difficult Lawyers

    This paper is complimentary.
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  • 61972.06

    Space Sharing Arrangements

    This paper is complimentary.
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  • 61972.04

    Code of Conduct Update 2015

    This paper is complimentary.
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  • 61968.03

    Aboriginal and Language Rights

    $45.00
    Constitutional Obligation of Alberta to Publish Laws in French 
    Author: Margaret Unsworth QC
     
    This paper discusses the case of Gilles Caron and Pierre Boutet (Caron), recently argued at the Supreme Court of Canada. The paper provides an overview of the arguments advanced in the case on the central issue of whether there is a constitutional obligation on the Province of Alberta to publish its laws in French. Note that the case was argued on February 13, 2015 and the SCC reserved their decision on this issue.
    Daniels v Canada: Supreme Court to end 150 Years of Political Football?
    Author: Keltie Lambert 
     
    This paper provides a summary of the Daniels v Canada case, which centres on the fundamental question of whether the term “Indians” as used in the Constitution Act, 1867 includes Metis and Non-status Indians. 
    These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.
    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 some sample pages.
  • 61968.02

    Freedom of Religion

    $55.00
    Religious Freedom and the State in Canada and the U.S. 
    Authors: Ranjan Agarwal and Katharine J. Fisher 
     
    This paper compares four decisions from the Canadian and United States Supreme Court’s to illustrate the different approaches taken when interpreting the limits of religious freedom, including the interpretation of the principle of state neutrality in religious affairs and the approach to the issue of corporations gaining entitlement to religious freedom. 
    Trinity Western Law School: “To be or not to be – That is the question”
    Author: Dr. J. Kent Donlevy 
     
    This paper discusses the recent case of Trinity Western University Law School, including providing the related facts, reviewing the legal issues involved, and ending with the suggestion that Canadian law societies should approve the accreditation of Trinity’s law school.  
     
    These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.
    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 some sample pages.
  • 61968.01

    Freedom of Association

    $55.00
    The SCC Reimagines Freedom of Association in 2015
    Authors: Rita Khullar QC and Vanessa Cosco
     
    After reviewing the evolution of the Supreme Court of Canada’s approach to freedom of association, this paper reviews the 2015 Labour Trilogy cases of Mounted Police (Association of Ontario) v Canada (Attorney General) addressing the right to join a union, Meredith v Canada (Attorney General) addressing legislation overriding predetermined wage increases, and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike. 
    The Supreme Court’s New Labour Trilogy – Momentous Decisions and a Modest Critique
    Author: Craig Neuman QC
     
    In this paper, the author offers three criticisms of the recent re-shaping of what the constitutional protection of freedom of association means in the field of labour relations law. These criticisms include that it ignores the intent of the drafters of the Charter, that it has been inconsistent and unpredictable, and that it usurps a regulating role in labour relations to the judiciary that is better left to legislators.
     
    These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.
    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 some sample pages.
  • 61967.08

    Appellate Judgments and Costs

    $35.00
    This paper deals with two topics that often arise at the end of an appeal: the drafting of the judgment resulting from the decision, and the costs consequences of the appeal. With Rules references and relevant case law, this paper is a helpful guide. A bonus paper offering Practical Tips for Order and Judgments is attached. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.