No products in the cart.
Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
62071.02This paper provides an overview of the fundamentals in statutory interpretation. It is aimed at junior and general practitioners, though more senior practitioners may find it to be a helpful refresher on statutory interpretation. The paper provides background information on enactments, generally and in Alberta, then delves into principles of statutory interpretation, including the interpretation of words, phrases, and acts as a whole. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.
-
-
62120.07This paper discusses how the death of a spouse during divorce proceedings can result in unexpected tax liabilities and asset ownership, particularly in relation to Income Tax Act provisions for tax deferral opportunities. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
-
-
62071.04This paper reviews key considerations when preparing for and appearing before a judicial review. It highlights technical matters to consider before filing a judicial review. It also discusses the process for commencing a judicial review, including evidentiary considerations. Finally, it provides suggestions for effective advocacy in a judicial review and other practical considerations to keep in mind. The paper includes sample applications for judicial review and a sample amended notice of constitutional challenge as appendices. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.
-
61955.06This paper examines the Conservative government’s “tough on crime” agenda and its legislation. After providing background information, the author discusses several issues in the context of the new “tough on crime” platform, including the principle of proportionality, restraint, parity in sentencing, mandatory minimums, victim fine surcharges, capping enhanced credit, and the deprivation of parole eligibility. This paper was presented at the Constitutional Law Symposium in October 2014.
-
62304.06This paper examines the Expropriation Act’s compensation scheme, considering factors such as market value, injurious affection, disturbance damages to the owner (including loss of value to the owner’s remaining land), interest, and reasonable legal and expert costs. It also provides a summary of timelines in expropriation matters. This paper was presented at Municipal Law on March 16, 2023.
-
62061.10This paper considers the Alberta Government’s response to R v Jordan, 2016 SCC 27, which imposed time limits for bringing criminal charges to trial. It discusses the Alberta Crown Prosecution Service’s Injecting a Sense of Urgency report from April 2013, released prior to the Jordan decision. It also highlights some of the practical realities facing the criminal justice system and discusses the Crown’s response to Jordan, including the triage protocol and the Alberta Criminal Justice Summit. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.
-
62054.02This paper discusses strategies and techniques for negotiations. It begins with an overview of negotiation theory, and then discusses obstacles that are commonly encountered during negotiations, such as communication barriers. It also identifies tips for responding to a break down in trust, and provides a discussion of calculus based trust, interest based trust, and attribution theory. As well, the paper considers competitive versus cooperative techniques in negotiations, and discusses strategies for understanding and controlling emotions during tense negotiations. This paper is part of a collection presented at LESA’s 2017 Negotiations Fundamentals program.
-
62212.01This paper is complimentary.
-
62021.02This paper discusses client management and provides tips for working with clients and opposing counsel. It outlines key practices to effectively communicate with clients and to maintain client satisfaction. It also discusses how to manage difficult clients, including the types of difficult clients and strategies to be employed when dealing with these clients. Similarly, tips for dealing with difficult opposing counsel are also provided. This paper includes, as an appendix, a list of 10 tactical tools to deal with incivility. This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.
-
62253.05Administrative law is concerned, above all, with constitutional principles. As such, administrative law practitioners must be familiar with the Charter and its relationship to administrative law. Looking at jurisprudence since Vavilov, this paper identifies several patterns of deviation from the established Doré/Loyola framework for judicial review of administrative decisions that engage the Charter. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.