Areas of Law
Areas of Law
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  • 62282.02
    Factums are often where appeals are won or lost. This paper explores tips and strategies to help lawyers draft the best possible factum. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Edmonton on April 21, 2023 and in Calgary on April 28, 2023.    
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  • 62005.05
    Determining the purpose and objectives of long-standing and established federal insolvency systems has generally not been difficult. The same cannot be said for federal receivership provisions. The Supreme Court of Canada undertook a search for the purpose behind these federal receivership provisions in Saskatchewan (Attorney General) v Lemare Lake Logging Ltd, 2015 SCC 53. That case, which has cast doubt on whether receivership law should be characterized as a federal insolvency system, serves as the central focus of this paper. The author seeks to explain how and why this questioning of receivership law has come to pass, and considers its future implications. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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  • 62005.06
    The interface between trust law and bankruptcy and insolvency law has generated both legislation and litigation. An aspect of this interface is the constitutional division of power: trust law falls within provincial legislative jurisdiction, whereas bankruptcy is a matter of federal legislation. This paper explores the conceptual factors that have been applied by courts when determining the appropriate accommodation between trust and insolvency law. This accommodation is addressed in the context of six categories of trusts: express trusts, implied trusts, remedial trusts, resulting trusts, deemed statutory trusts, and trusts mandated by statute benefitting the Crown or others. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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  • 62005.01
    Canadian courts often have to consider the interplay between federal insolvency laws and provincial property and civil rights laws. This paper outlines the various “points of contact” between federal and provincial laws and what courts have concluded about the co-existence of those laws through an examination of past and current case law. Topics discussed include priorities, the scope of and test for provable claims, claims against third parties, trustee powers, and Charter of Rights and Freedoms cases in insolvency law. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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  • 62120.04
    This paper highlights some common intersections between immigration law and family law and provides practical tips from an immigration lawyer’s perspective for family lawyers to consider. Topics include spousal and child support obligations, restrictions on sponsorship of family members, custody and access issues, implications of foreign divorce law, marriage fraud, international adoptions, misrepresentation, maintaining permanent resident status, issues for temporary residents, and the value of pursuing citizenship. 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.  
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  • 62464.03
    It 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.
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  • 62061.04
    This paper examines the interplay of constitutional law and education, focusing on the recent decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212, 2017 SKQB 109 [Theodore]. The fundamental issue in Theodore was whether the Saskatchewan government could constitutionally fund non-Catholic students attending Catholic separate schools. The first part of the paper reviews the Theodore decision in detail, considering the legal issues and the reasons for the court’s decision. In the second part of the paper, the legal and practical ramifications of the Theodore decision in Alberta are discussed. 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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  • 61967.02
    After launching a civil appeal, the next task for an appellant is to prepare the documentary platform – the key to the appeal.  The platform consists of two components:  the appeal record and the extracts of key evidence.  This paper offers valuable advice on how to prepare these documents, with citations to the Rules of Court. A separate overview of the applicable Rules is attached. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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  • 62014.07
    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.
     
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  • 62253.03
    This paper addresses the following questions: (1) What documents should be included in the record? (2) When are affidavits admissible in addition to the record? (3) Who has the onus to establish admissibility of affidavits? (4) When affidavits are admissible, what standard additional requirements will also apply? (5) How does the scope for questioning on affidavits differ from questioning on discovery? (6) What are other interesting issues respecting the record? (7) When should the record be filed (before or after preliminary applications)? (8) What are some practical pointers for preparing the record? 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.
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  • 62311.01
    On December 15, 2017, the Supreme Court of Canada released its decision in British Columbia Human Rights Tribunal v Schrenk (“Schrenk”). This paper examines how decision makers across Canada have interpreted and applied Schrenk over the last five years. This paper was presented at LESA’s Human Rights Protections After Schrenk webinar on May 24, 2023.
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  • 61883.09b
    This paper is complimentary.