Areas of Law
Areas of Law
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  • 62253.04
    Participant standing is critical to a well-functioning and effective administrative law process. This paper provides a foundation in participant standing before tribunals and the courts in the administrative law context, discussing “first principals” that underpin the right to standing and key elements of standing determinations, associated procedural rights and recent developments, including in the area of public interest standing. 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.
  • 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.
  • 62253.02
    The topic of this paper is the standard of review that should be applied by an administrative appeal tribunal when it is hearing an appeal from a tribunal of first instance. These are internal appeals, not external review by the superior courts. To what extent should the appeal tribunal extend deference? Does Vavilov apply? 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.
  • 62253.01
    Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is the sixth attempt in 50 years by the Supreme Court of Canada to grapple with standards of review. This paper concentrates on the important highlights and take-aways from Vavilov. It will also identify areas which Vavilov does not deal with, or which bear watching for further developments. 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.
  • 62250.01
    In the context of social media, there is significant value in tracking and analyzing social media analytics. This paper details the social media audit process, key metrics, and how to use those insights to improve legal professionals’ social media performance. This paper was presented at LESA’s Social Media Marketing for Legal Professionals webinar on December 6, 2021.
  • 62223.01
    Using a case scenario to set the stage, this paper addresses common issues that can arise in immigration matters, including determining a client’s civil status, investigating permanent residence options, and the effects of criminal charges or family medical issues on applications for permanent residency. This paper was presented at LESA’s How to Untangle Immigration Issues: An Overview and Analysis of a Case Scenario webinar on March 25, 2021.
  • 62147.05
    This paper reflects on the nature of trust breakdown and, with a blend of theory and practical advice, gives suggestions on how trust can be rebuilt by a parenting mediator in an effort to help parties develop a parenting plan. This paper also examines the differences between interpersonal trust or interest based trust on one hand and procedural trust or calculus based trust on the other hand. The paper also discusses trust in the context of attribution theory. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • 62147.04
    This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • 62147.03
    This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
  • 62147.02
    This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.