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62014.11This paper examines new and noteworthy developments in family law for 2016. Topics discussed include changes to Maintenance Enforcement Program policies regarding section 7 expenses; applications for costs in family law litigation; dealing with self-represented litigations; imputing income for determining spousal support; and tips for handling social media in family law practice.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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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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62014.07Taking 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.
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62014.06This 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.
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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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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.
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61968.02Religious Freedom and the State in Canada and the U.S.Authors: Ranjan Agarwal and Katharine J. FisherThis 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 DonlevyThis 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.
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