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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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These materials provide suggestions and strategies for effectively managing matters in chambers. Topics include consent, ex parte, and adjournment applications; notice requirements for applications and affidavits; contents of documents; what can and cannot be heard in chambers; time limits; evidence; protocols and courtesies; costs of an application; and preparation of orders. This paper was presented at LESA’s Civil Litigation Series webinar on February 18, 2021.
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Estate litigation has unique nuances. This paper explores applicable legislation and rules that address who can be properly added as a party to estate litigation, who might have standing to participate, how litigation representatives need to function, and potential conflicts of interest that might exist. This paper was presented at LESA’s Civil Litigation Series webinar on February 4, 2021.
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This paper examines 4 common ethical issues addressed by Law Society Practice Advisors with respect to paralegals: trust conditions and undertakings, self-represented parties, confidentiality questions arising from moving firms, and communications with the court and courthouse staff. This paper is part of a collection presented at LESA’s Advanced Civil Litigation for Paralegals program in Calgary on February 20, 2020 and in Edmonton on February 24, 2020.
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This paper outlines major trial preparation steps that typically involve paralegals and identifies strategies, recommendations, and best practices for each major step. Discussion focuses on 4 main areas: (1) major preparatory steps regarding book of exhibits, agreed statement of facts, and preparing transcripts; (2) trial deadlines regarding trial readiness, witnesses, and e-trial; (3) best practices for working with experts; and (4) general strategies of preparing for a successful trial.
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This paper addresses the obligations parties have under the Rules of Court in complex litigation cases and examines some ways to manage those obligations. Topics include preparation and modification of a litigation plan, document production, maintaining and organizing the file, expert witnesses, judicial assistance managing the proceedings, and mediation.
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This paper discusses legal writing in general and pleadings, affidavits, and briefs in particular. It both offers suggestions to improve legal writing (including a useful dos and don’ts summary chart) and explains the formal requirements for pleadings, affidavits, and briefs under the Rules of Court and Practice Notes.
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This paper examines 6 major categories of deadlines that civil litigation lawyers typically deal with and discusses various aspects of the process for assessing, diarizing, and entering limitations. The 6 categories discussed are commencing proceedings, serving a claim, responding to claims and amending pleadings, third party claims, affidavits of records, and advancement of actions (such as inexcusable or inordinate delays and the drop-dead rule).
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This paper addresses general principles regarding recoverable costs in litigation, the 2019 Provincial Court Tariff of Recoverable Costs, and the 2019 Provincial Court Civil Procedure Regulation Part 11, Sections 38–39. The paper discusses party and party costs, enhanced costs, solicitor-client costs, and formal offers. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
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This short synopsis provides an administrator’s perspective and high-level overview of Provincial Court processes and considerations. Topics include forms, access to duty counsel, filing a civil claim, various resolution tracks, the role of the mediation office, chambers applications, and payment hearings. This paper is part of a collection presented at LESA’s Provincial Court Civil Practice program in Calgary on January 24, 2020 and in Edmonton on January 31, 2020.
