Areas of Law
Areas of Law
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  • 62314.04
    Attempting to pierce the corporate veil can be risky. This paper explores the history of piercing the corporate veil and some key considerations that lawyers should keep in mind when they contemplate doing so. This paper is part of a collection presented at LESA’s Directors and Officers: Duties, Liabilities, Coverages program in Edmonton on January 26, 2023.
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  • 61922.05
    This paper focuses on the many ways of proving facts in court.  It summarizes those ways, providing details on using each, for instance:  by consent, through live testimony, by affidavit, through transcripts of questioning or written questions, and by other means. It then provides guidance on choosing a proper method of proof based on one’s goals and considerations.
    This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
     
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  • 62212.05
    This detailed list provides a summary of legislative and jurisprudential authorities about how to establish facts in civil litigation matters and includes specific references to the Rules of Court and pinpointed sections in various Acts. The materials also identify strategies to help litigators choose which method of proof they should employ. This paper was presented at LESA’s Civil Litigation Series webinar on March 3, 2021.
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  • 62005.03
    Recent case law has considered the extent of insolvency legislation’s rehabilitative power. This paper examines the impact of recent decisions from the Supreme Court of Canada, suggesting that an individual found guilty of professional misconduct can likely avoid fines and costs imposed by a professional regulatory body by making use of insolvency proceedings. Key cases are outlined in the author’s analysis: 407 ETR Concession Co v Canada (Superintendent of Bankruptcy), 2015 SCC 52; Alberta (Attorney General) v Moloney, 2015 SCC 51; KPMG Inc v Alberta Dental Association, 2005 ABCA 101. Further, limitations imposed by the legal system on the degree to which insolvency can impede a professional regulator’s powers are discussed, with consideration given to internal mechanisms in insolvency law, as well as the constitutional division of powers. This paper is part of a collection presented at LESA’s 2015 The Constitution in the Insolvency Tool Box program.
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  • 62270.01
    Exploring case law, legislation, and ethical obligations, and applying years of personal experience, this paper gives tips, considerations, and solutions to help lawyers develop sound practice habits, This paper was presented at LESA’s 7 Tips for a Successful Personal Injury Practice webinar on March 11, 2022.
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  • 61838.01
    In this paper, the author discusses the impact of the recent decision of Sparrowhawk v Zapoltinsky, 2012 ABQB 34 [Sparrowhawk] on minor injury claims. He suggests that while Sparrowhawk is regarded as a groundbreaking decision for plaintiff’s counsel, it is seen as merely persuasive but non-binding from the perspective of defendant’s counsel. The author also discusses the issue of videotaping certified medical examinations and provides an update on quantum. A must-read resource if you have questions about the minor injury cap. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.  
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  • 61923.01
    This paper provides an in-depth discussion of four basic concepts related to preparing for and appearing at your first trial: how to develop a theory and theme for your case, the basic evidentiary principles that apply when proving your case, the order of events at trial, and proper courtroom etiquette. This paper was presented at the Running Your First Trial program held in January and February 2015.  
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  • 62212.06
    This paper provides a brief overview of oppression claims and derivative actions pursuant to Part 19 of the Business Corporations Act. It also contains practical information on how to determine whether there is a potential claim, the selection of the appropriate commencement document, the procedure to launch an action, other important considerations, and how to avoid oppression claims and derivative actions in the first place. This paper was presented at LESA’s Civil Litigation Series webinar on March 17, 2021.
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  • 61827.03
    While injunctions have long been part of the judicial arsenal, in more recent years several new forms of injunctions have been developed by the Courts. This paper reviews injunctions as an equitable remedy, highlighting Mareva injunctions, Mills Injunctions, s. 17 of the Civil Enforcement Act, and preservation orders. Also learn about other extraordinary remedies – such as Norwich Orders and Anton Piller Orders – that have developed in conjunction with injunctive relief. This paper was drawn from materials presented at the Common Chambers’ Applications seminar held in February 2012.
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  • 61972.07
    This paper discusses the effect of the recent Supreme Court of Canada case of Hryniak v Mauldin, which revamped the test for summary judgment in Alberta. The authors provides a detailed analysis of how the case, which interprets an Ontario procedural rule, has been interpreted and applied by the Alberta courts.
    This paper is part of a collection presented at LESA’s Law and Practice Update in November, 2015.
     
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  • 62083.01
    This paper focuses on best practices for managing commercial litigation and arbitration in order to achieve a fair, timely, and cost-effective process. It discusses strategies to maximize technology in resolving disputes, such as technology assisted review, e-filing, paperless hearings, remote appearances, and more. It also discusses case management, including the markers of effective case management and the one judge model. This paper is part of a collection presented at LESA’s 51st Annual Refresher: Business program in Lake Louise from May 6–8, 2018.  
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  • 61922.06
    In this paper, the authors present a practical guide to the law of adverse inference associated with a failure to call evidence.  They begin by relating the common law rule and then focus on how that rule is currently applied, citing case law.
    This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
     
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