Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
62462.07Administrative law reflects the balance between the rule of law and the authority of parliament and legislatures to establish agencies and to endow them with broad powers. Good advocacy is as important in administrative law as in civil or criminal litigation. However, there are important differences and areas worth emphasizing that are unique to administrative proceedings. This paper considers the key principles of: statutory interpretation, advocacy in the context of adjudicative decision makers, advocacy for judicial review, and advocacy for appeals to court from administrative tribunals. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
-
62462.01In an appeal, counsel can often persuade the court mainly through their factum. A well-crafted factum is crucial and can determine the outcome of an appeal. Conversely, a poorly written factum can ruin a case despite excellent oral advocacy. This paper provides practical advice for drafting an effective factum including how to approach drafting and editing, the format and structure, defining issues accurately, standards of review, drafting the argument, and the concluding paragraph. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
-
62456.12Leaning on decades of experience, the author provides these materials as a source for tips and information about family law arbitrations Topics include: costs in arbitration matters, natural justice, when a deal is (or is not) a deal, corrections and amplification, and dealing with impasses and final offers. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
-
62456.07Unbundled legal services offer significant advantages for certain and provide flexibility and affordability, empowering clients to better control their spending while tailoring legal support to specific tasks. Unbundled legal services also provide a number of benefits to legal practitioners including access to a large and growing market, a way to differentiate from competing firms, and the possibility of remote work. This paper explores these and other aspects of unbundled legal services. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
-
62464.06In Canada, human rights laws protect individuals from discrimination and harassment in various contexts, including the workplace. This paper reviews the purposes of human rights legislation and lays out the jurisdictional divide in Canada’s legal framework. It also explores the legal test for discrimination, the bona fide occupational requirement, and multi-party responsibilities that arise with the duty to accommodate. Lastly, it provides a summary of damages as a remedy for discrimination and a review of emerging trends in quantum of damages. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
-
62464.05Potential clients will often call a lawyer’s office seeking information about their legal rights after they have been dismissed or laid off from their jobs. This paper explores the fundamentals of employment contracts, the law governing termination of employment, and the importance of the legal distinction between non-unionized and unionized employment. It also provides a practical list of factors that lawyers should consider in an initial client meeting dealing with a termination of employment. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
-
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.
-
62464.03It is important for employers to understand their obligations and legal entitlements to terminate employment. This paper examines scenarios of with cause and without cause terminations, including a discussion of notice periods, inducement, bad faith damages, elements of remuneration, and the duty to mitigate. Additionally, unlawful termination through constructive dismissal is also addressed. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
-
62464.02Lawyers who practice in employment law must have a solid understanding of the terms, expectations, rights, and obligations that exist in an employment relationship, both during the employment and after the relationship terminates. This paper explores five key classes of duties: good faith, provision of a safe work place, confidentiality, fiduciary duties, and restrictive covenants. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
-
62464.01There are certain fundamental concepts that are important to keep in mind when it comes to entering into and amending employment contracts. This paper will explore the basics to help avoid typical pitfalls that can increase an employer’s liability, leave an employee with uncertainty as to their rights and obligations, or both. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
-
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.
-
62377.04In the context of alternative dispute resolution alternatives, this paper focuses on arbitration and provides general and specific pointers on how to draft arbitration clauses. It also invites counsel to consider their clients’ priorities when deciding whether to pursue ADR and which alternative is best. This paper is part of a collection presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
1
2
3
…
15
Next
