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Full of practical tips and considerations, this paper focuses on helping clients recover what they are owed, particularly by dodgy debtors, slippery swindlers, and downright scoundrels. It canvasses basic judgment enforcement principles, non-court remedies, and advice on how to litigate these types of matters. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 18, 2021.
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Surveying prompt payment schemes in other countries and provinces of Canada, this paper discusses Alberta’s Prompt Payment and Construction Lien Act. It also provides an overview of key features of this new piece of legislation. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 11, 2021.
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Insolvency and restructuring proceedings in Canada involve complex legislation and common law rules and different insolvency regimes are often confused to be the same thing. When a company is unable to fulfill its obligations (financial or otherwise), we often hear the common parlance that such company is “bankrupt” or subject to “bankruptcy proceedings”. The distinction, however, between different insolvency regimes is critical, particularly where the intention is to restructure as opposed to liquidate these companies. This paper offers a high-level summary of the recovery practice in Canada. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 11, 2021.
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This paper addresses specifically how “informal offers” of settlement have been treated and considered in contrast to “formal offers” by the Alberta Courts prior to the Rule 10.33(2) Amendment. This paper includes sample orders, Alberta Rules of Court Amendment Regulations, and excerpts from Rules of Court. This paper was presented at LESA’s To See or Not to See: The Impact of Without Prejudice Offers to Settle on Future Costs Awards webinar on November 19, 2020.
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This paper will explore the substantive and procedural requirements that exist in Alberta that are required to obtain an order permitting the service of an action outside the geographical boundaries of Canada. In doing so, the applicable Rules governing service ex juris will be examined, as well as the test that Alberta Courts apply when deciding whether to permit service ex juris. For a webinar include this statement: This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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This paper sets out four principles for drafting pleadings strategically – pleading particulars; pleading adverse interests; pleading to inform the scope of document production; and pleading to inform the scope of questioning. Applying these principles will help to ensure pleadings adequately present the claim/defence, and obtain the evidence necessary to make one’s case. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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This paper examines the differences between Rule 4.31 and Rule 4.33 and considers the legal tests that parties must meet when making an application to dismiss a claim. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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This paper focuses on 4 practical considerations for effective written advocacy: establishing your credibility as counsel, understanding your client’s objectives, preparing your case/developing the theory, and crafting a compelling narrative. This paper was presented at LESA’s Civil Litigation Series webinar on April 13, 2021.
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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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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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