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62485.05In insolvency proceedings, the priority among types of creditors determines which creditors get paid and which creditors bear a loss. This paper explores such priorities and addresses the following: assets removed from the proceeding, super-priority claims, priority claims, preferred claims, unsecured claims, and equity and postponed claims. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.04This paper provides an overview of the procedure and law regarding claims that survive bankruptcy under s 178(1) of the Bankruptcy and Insolvency Act and opposition to a bankrupt’s discharge from bankruptcy under sections 172.1 and 173. It also delves into the types of claims that survive bankruptcy, creditor opposition to discharge, tax debt that exceeds 75% of the unsecured debt, and applications for discharge when the trustee has been discharged. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.03Insolvency proceedings, whether pursuant to the Bankruptcy and Insolvency Act (“BIA”), the Companies Creditors’ Arrangement Act (“CCAA”), are intended to bring a fair, organized, and transparent means of addressing a debtor’s insolvency. Essential to insolvency proceedings are claims processes, which are organized statutory or court-ordered processes whereby claims are submitted, reviewed, assessed, and determined. Claims processes are a means of assessing and valuing claims efficiently and fairly without the need of each claimant having to seek judgment against the debtor. This paper explores the common claims processes and contemplates factors to consider when preparing proofs of claim. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.02The Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act contain mechanisms to protect debtors from the enforcement of claims by creditors. This paper provides an overview of creditor protection provisions of the two statutes and explores basic stay provisions, extension provisions, and exceptions to stay provisions. In addition, it delves into reviewable transactions, such as transfers at undervalue, fraudulent conveyances, and fraudulent preferences. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.01These materials explore the two central pillars in Canada’s insolvency regime: Bankruptcy and Insolvency Act Proposals (Division I) and Companies’ Creditors Arrangement Act proceedings. In addition to providing an overview of these statutory mechanisms, the materials also examine debtor eligibility, procedural considerations, proposal implementation, and other requirements under each statute. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62466.01The most significant revision to the Rules of Court in recent years arrived in 2024 with the introduction of streamlined trials and the repeal of the summary trial framework. This paper provides an overview of various ways that the courts, counsel, and litigants have interpreted the Alberta Rules of Court. Significant cases and interesting points of civil procedure are examined, including the streamlined trial procedure; summary judgment; dismissal for delay; disclosure and affidavits of records; and questioning and cross-examination. This paper was presented at LESA’s Rules of Court 2024: Year in Review webinar on December 10, 2024.
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62467.02This paper explores relevant Rules of Court and case law and considers evidence that is frequently disclosed and evidence that may be privileged. It also addresses the timing of filing and serving Affidavits of Record. In addition, the paper provides an overview of questioning and how legal support staff can assist in preparing for questioning, ordering and using transcripts, and dealing with undertakings that arise in questioning. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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62467.03Focusing on the steps traditionally taken by the legal assistant, this paper outlines the major steps to prepare an application in morning chambers as well as via a special application. It also provides strategies, recommendations, and best practices for each major step. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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62467.04Judicial review is a foundational part of the legal system. This paper explores applications for judicial review, how judicial reviews are started, who is required to be served with originating application for judicial review, what evidence can be filed in a judicial review, what is a certified record of proceedings, and how judicial reviews differ from statutory appeals. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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62467.05Much of the day-to-day work of moving a litigation file forward is done by legal assistants. This paper focuses on what practice management in the litigation context means, and addresses topics including active file management, organization, proactiveness and forward thinking, and the importance of clear communication. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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62467.06All litigation starts with a commencement document, which includes statements of claim, originating applications, counterclaims, and third party claims. This paper explores how to properly serve a commencement document, and what to do if service seems impractical or seemingly impossible. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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62467.01This paper attempts to provide a general perspective regarding the work of legal assistants at the very early stages of a civil matter. The goal is to provide general information to make a legal assistant’s job less stressful. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
