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62464.04The determination of damages is key to any wrongful dismissal claim. It is fundamentally important to understand the principles that apply to the assessment of damages and the onus of proving or rebutting a damages claim. This paper explores the issues to consider as part of a damages assessment, including reasonable notice, additional damages (punitive, exemplary, aggravated), mitigation, other causes of action, and practical considerations. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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62042.05This paper is complimentary.
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62014.09This 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.
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62005.03Recent case law has considered the extent of insolvency legislation’s rehabilitative power. This paper examines the impact of recent decisions from the Supreme Court of Canada, suggesting that an individual found guilty of professional misconduct can likely avoid fines and costs imposed by a professional regulatory body by making use of insolvency proceedings. Key cases are outlined in the author’s analysis: 407 ETR Concession Co v Canada (Superintendent of Bankruptcy), 2015 SCC 52; Alberta (Attorney General) v Moloney, 2015 SCC 51; KPMG Inc v Alberta Dental Association, 2005 ABCA 101. Further, limitations imposed by the legal system on the degree to which insolvency can impede a professional regulator’s powers are discussed, with consideration given to internal mechanisms in insolvency law, as well as the constitutional division of powers. This paper is part of a collection presented at LESA’s 2015 The Constitution in the Insolvency Tool Box program.
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62000.06Until 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.
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62061.07This paper focuses on the interplay of constitutional law and the environment. It discusses recognizing a constitutionalized right to a healthy environment, and provides an introduction to what such a right might entail and the impact it could have if it were to be adopted. It also includes a discussion of why constitutional protection of the environment matters, with references to foreign examples. In addition, the paper proposes potential avenues for the right to a healthy environment to become a recognized protection in the Constitution. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.
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62044.03Legal proceedings that involve self-represented parties bring unique challenges. This paper addresses how to effectively engage with self-represented litigants in foreclosure proceedings. It discusses privacy issues, considerations when advising self-represented litigants, and common concerns and responses of self-represented litigants. It also provides case law examples that may be relied on when dealing with parties taking advantage of their self-represented litigant status. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62382.01This guide bridges the gap between the Alberta Law Reform Institute’s Report on Personal Property Security Law and the new legislative provisions in force as of June 1, 2024. It also includes commentary that summarizes the changes to the PPSA brought about by the amendment. This paper is part of a collection presented at LESA’s PPSA Update in Edmonton on June 5, 2024 and was also presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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61832.01This article provides a useful overview of the workers’ compensation review and appeal systems. First, it reviews the principles on which the WCB system is founded. Then it discusses the various decision review structures, including judicial review and judicial appeals. Finally, it concludes by identifying and answering a comprehensive list of frequently asked questions about the WCB system. This is a must read article for any practitioner considering doing work in the area of WCB claims or any experienced practitioner who wants to fill possible gaps in knowledge. This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals program in April 2012.
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62147.02This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. 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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61968.03Constitutional Obligation of Alberta to Publish Laws in FrenchAuthor: Margaret Unsworth QCThis 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 LambertThis 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.