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62377.08As business advisors, lawyers – both barristers and solicitors – face myriad ethical issues which require consideration of difficult and often disparate outcomes. The lawyer’s interests may be contrary to a client’s, or one client’s interests may be at odds with those of another. The outcome of the process impacts both clients and lawyer. This paper explores ethical decision-making, including those relating to AI and tech competency, confidentiality, and conflicts of interest. This paper is part of a collection presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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62377.03Structured as a “top 10 guide”, this paper supports legal professionals in understanding and navigating common issues which arise in formal insolvency proceedings. This paper is part of a collection presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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62377.02This paper examines the scope and efficacy of the oppression remedy as a mechanism available to assist stakeholders in keeping the individuals who control corporations in check. It also provides an opinion on whether the oppression remedy requires reform, particularly relating to the rights of minority shareholders in privately held corporations. This paper is part of a collection presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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62377.01This paper considers forms of equitable relief that allows victims to remedy wrongs, take action to secure information or assets, and protect themselves against fraud. This paper is part of a collection presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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62400.01Timely and comprehensive preparation is key to running a successful regulatory hearing. This paper explores key topics for lawyers to consider when engaged in regulatory litigation matters, including nature and scope of regulatory proceedings, expert witnesses and witness preparation, regulatory proceedings and hearings, hearing preparation, argument and reply argument, and research in regulatory law. This paper was presented at LESA’s Running Your First Regulatory Hearing webinar on April 17, 2024.
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62397.01Due to the dynamic nature of civil litigation matters, the role of legal support staff can be challenging. This paper provides an overview of the King’s Filing Digital Service, including the new platform, digital filing service vs. email filing, and current differences between filing in Edmonton and Calgary. It also discusses the new rules relating to the civil streamlined trial process, which came into effect January 1, 2024, examines the purpose of streamlined trials, and provides an overview of the streamlined trial process and procedure. This paper was presented at LESA’s Effective Legal Support: Hot Topics in Civil Litigation webinar on March 14, 2024.
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62386.04This paper examines judicial reviews in two contexts: reviews of decisions of the Alberta Labour Relations Board and reviews of decisions made by other dispute resolution tribunals established under the Labour Relations Code. It also considers which standard of review applies and available remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
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62386.03This paper is an overview of the statutory appeal process, including procedural considerations and the applicable standard of review. The interplay between a party’s statutory right to appeal and their enduring right to seek judicial review is also discussed. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
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62386.02When can new evidence be permitted beyond what is in the certified record of proceedings or the appeal record? This paper deals with that question and reviews relevant rules and legal principles, along with some of the leading cases. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
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62386.01This paper explores tribunals’ jurisdictions, judicial review of interim decisions, when to ask for reconsideration and when to seek judicial review, limitation periods, service and parties, certified records of proceedings, the role of tribunals on judicial review, standard of review on the merits, procedural fairness, and remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
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62368.04The right to cross-examine is inherently embedded in the right to a fair trial. Numerable cases insist that for a fair trial, civil litigants must have the right to cross-examine, including expert witnesses. This paper explores the pre-trial questioning of an expert, the questioning of an expert, and process for the examination of an expert. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
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62368.03The goal, first and foremost, of cross-examination is to aid in the truth seeking process of litigation. A good cross-examination, well prepared and well executed, helps that process not simply by “attacking” unhelpful evidence, but rather by also obtaining evidence from the other side’s witnesses that is helpful to your client’s theory of the case. This paper discusses some of the approaches that lawyers can employ to plan and prepare to be successful in cross-examination. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
