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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.
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62099.06This paper examines the appeal mechanisms in Alberta’s environmental legislation, including the Environmental Protection and Enhancement Act, the Water Act, and the Public Lands Act. It discusses the elements to the appeal process, such as: the parties, public notices, statements of concern, notices of appeal, mediations, hearings, and costs. This paper is part of a collection presented at LESA’s Environmental Law: Key Strategies for Everyday Practice program in Edmonton on October 17, 2018 and in Calgary on October 24, 2018.
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61967.08This paper deals with two topics that often arise at the end of an appeal: the drafting of the judgment resulting from the decision, and the costs consequences of the appeal. With Rules references and relevant case law, this paper is a helpful guide. A bonus paper offering Practical Tips for Order and Judgments 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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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.
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61954.03This paper is complimentary.
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61955.03This paper focuses on the constitutional doctrine at work in Canada (Attorney General) v Bedford. Following an overview of the Bedford decision and a brief discussion of the threshold issues of “security of the person” and “legislative causation”, the author offers a theory of fundamental justice, before providing an account of the constitutional principles against arbitrariness, overbreadth, and gross disproportionality. This paper concludes with some reflections on the possible revitalization of s 1 of the Charter in s 7 cases. This paper was presented at the Constitutional Law Symposium in October 2014.
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61892.05cThis paper considers the courts’ application of R. v. Butler in the twenty years since the Supreme Court handed it down. In particular, the author reviews the post-Butler pornography prosecutions with a view to answering the question of whether the predictions of Butler critics have been borne out. This paper was presented at the Constitutional Symposium held in October 2013.
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62084.02This paper provides a general overview of Bill 26, Canada’s legalization of marijuana legislation, with a particular focus on the retail-related provisions. It also considers how these provisions will likely be affected and clarified by regulation amendments and policies from the Alberta Gaming and Liquor Commission. This paper is part of a collection presented at LESA’s Legalization of Marijuana program in Edmonton on May 17, 2018 and in Calgary on May 24, 2018.
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62104.06This paper examines challenges facing landlords and condominium corporations following the legalization of cannabis. It considers the legislative framework of the Residential Tenancies Act and the Condominium Property Act, and then discusses considerations for implementing and enforcing a prohibition of cannabis in rental units and condominiums. This paper is part of a collection presented at LESA’s 2018 Pot Topics: Legalization of Cannabis program.
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62070.03This paper provides a case study approach to pre-trial considerations in sexual assault cases. It begins with a short factual scenario that is then used as the framework to discuss key pre-trial considerations. It discusses the following cases: R v O’Connor, R v Mills, R v McNeil, and R v Quesnelle. It also reviews the two-stage test for ordering the production of documents. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
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61967.07This paper provides valuable advice for anyone making an application to the Court of Appeal, including strategies. The author also reviews the application procedure under the Rules, and discusses the availability of case management officers as a resource, timing issues, application format and accompanying materials, issues on panel size, and details on specific applications. Attachments include a separate paper on Applications for Permission to Appeal, prepared by the Hon. J.E.L. Cote. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61816.01This paper is complimentary.
