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62462.07Administrative law reflects the balance between the rule of law and the authority of parliament and legislatures to establish agencies and to endow them with broad powers. Good advocacy is as important in administrative law as in civil or criminal litigation. However, there are important differences and areas worth emphasizing that are unique to administrative proceedings. This paper considers the key principles of: statutory interpretation, advocacy in the context of adjudicative decision makers, advocacy for judicial review, and advocacy for appeals to court from administrative tribunals. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.01In an appeal, counsel can often persuade the court mainly through their factum. A well-crafted factum is crucial and can determine the outcome of an appeal. Conversely, a poorly written factum can ruin a case despite excellent oral advocacy. This paper provides practical advice for drafting an effective factum including how to approach drafting and editing, the format and structure, defining issues accurately, standards of review, drafting the argument, and the concluding paragraph. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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OC-62477Through the lens of cognitive bias and theory, explore relevant human rights jurisprudence and practical strategies relating to policies, employee training, and reporting systems. This on-demand program was originally broadcasted as a live webinar on February 4, 2025. Total running time is 1 hour, 8 minutes.
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62456.12Leaning on decades of experience, the author provides these materials as a source for tips and information about family law arbitrations Topics include: costs in arbitration matters, natural justice, when a deal is (or is not) a deal, corrections and amplification, and dealing with impasses and final offers. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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OC-62464-6Review the purposes of human rights legislation and lays out the jurisdictional divide in Canada’s legal framework, and explore the legal test for discrimination, the bona fide occupational requirement, and multi-party responsibilities that arise with the duty to accommodate. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 58 minutes.
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OC-62464-5Explore the fundamentals of employment contracts, the law governing termination of employment, and the importance of the legal distinction between non-unionized and unionized employment. It also provides a practical list of factors that lawyers should consider in an initial client meeting dealing with a termination of employment. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 55 minutes.
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OC-62464-4Explore the issues to consider as part of a damages assessment, including reasonable notice, additional damages (punitive, exemplary, aggravated), mitigation, other causes of action, and practical considerations. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 55 minutes.
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OC-62464-3Examine scenarios of with cause and without cause terminations, including a discussion of notice periods, and constructive dismissal. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 55 minutes.
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OC-62464-2Explore five key classes of duties: good faith, provision of a safe work place, confidentiality, fiduciary duties, and restrictive covenants. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 1 hour, 7 minutes.
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OC-62464-1There are certain fundamental concepts that are important to keep in mind when it comes to entering into and amending employment contracts. Explore the basics to help avoid typical pitfalls that can increase an employer’s liability, leave an employee with uncertainty as to their rights and obligations, or both. This on-demand program was originally presented as an in-person program titled Employment Law Fundamentals on October 8, 2024. Total running time is 54 minutes.
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62464.06In Canada, human rights laws protect individuals from discrimination and harassment in various contexts, including the workplace. This paper reviews the purposes of human rights legislation and lays out the jurisdictional divide in Canada’s legal framework. It also explores the legal test for discrimination, the bona fide occupational requirement, and multi-party responsibilities that arise with the duty to accommodate. Lastly, it provides a summary of damages as a remedy for discrimination and a review of emerging trends in quantum of damages. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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62464.05Potential clients will often call a lawyer’s office seeking information about their legal rights after they have been dismissed or laid off from their jobs. This paper explores the fundamentals of employment contracts, the law governing termination of employment, and the importance of the legal distinction between non-unionized and unionized employment. It also provides a practical list of factors that lawyers should consider in an initial client meeting dealing with a termination of employment. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
