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Using a case scenario to set the stage, this paper addresses common issues that can arise in immigration matters, including determining a client’s civil status, investigating permanent residence options, and the effects of criminal charges or family medical issues on applications for permanent residency. This paper was presented at LESA’s How to Untangle Immigration Issues: An Overview and Analysis of a Case Scenario webinar on March 25, 2021.
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This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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This paper reviews the role of a legal assistant or paralegal during mediation or arbitration, considering issues from both the intake and requesting perspective. The paper focuses on how assistants play a role in helping the lawyer they work with maintain the impartiality and neutrality they are required to maintain as a mediator or arbitrator. The paper discusses pre-, during-, and post- mediation/arbitration concerns, including information collection, conflicts, scheduling, sending formal correspondence and documentation, and more. Materials include quick reference checklists and a sample booking sheet precedent.
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This paper summarizes some Truth and Reconciliation Committee and National Inquiry into Missing and Murdered Indigenous Women and Girls calls to action as they pertain to Indigenous jurisdiction of membership, languages, and child welfare. The paper also discusses the Canadian government’s response to those calls to action in the form of Bill C-91, Bill C-92, and Bill S-3. This paper is part of a collection presented at LESA’s Indigenous Law Conference program in Calgary on September 19, 2019.
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This paper provides a brief introduction to Indigenous constitutional and legal theories and examines how these can inform a practitioner’s approach to Indigenous legal traditions. This paper is part of a collection presented at LESA’s Indigenous Law Conference program in Calgary on September 19, 2019.
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This paper discusses Indigenous economic development, including impediments and suggestions for how to overcome them. Topics explore the relationship between economic development and Indigenous political governance, business organizational structures, strategic alliances between Indigenous and non-Indigenous entities, as well as ways to maintain Indigenous culture and traditions while utilizing non-traditional organizational structures. This paper is part of a collection presented at LESA’s Indigenous Law Conference program in Calgary on September 19, 2019.
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This paper explores three approaches for attacking arbitration in court: (1) attacking the agreement or process, (2) attacking the arbitrator, or (3) attacking the award. Significant discussion of relevant case law occurs throughout the paper, and an included Appendix notes case law relevant to specific sections of the Arbitration Act for the purpose of further study. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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This paper highlights some common intersections between immigration law and family law and provides practical tips from an immigration lawyer’s perspective for family lawyers to consider. Topics include spousal and child support obligations, restrictions on sponsorship of family members, custody and access issues, implications of foreign divorce law, marriage fraud, international adoptions, misrepresentation, maintaining permanent resident status, issues for temporary residents, and the value of pursuing citizenship. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.