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62572.08Aside from the important question of whether something can be appealed, or if there is a right to appeal, the overarching question when considering an appeal should always be should I appeal and, if so, on what grounds? This paper explores things to consider before pursuing an administrative law appeal, matters to consider once you have decided to appeal, and much more. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.07The right to an unbiased decision-maker is a fundamental principle in administrative law but knowing how to assess and address a reasonable apprehension of bias in specific scenarios is more difficult. This paper explores some of the nuances and provides practical tips addressing how to raise concerns. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.06Judicial reviews serve as a critical function in administrative law. This paper explores the technical rules and steps of a judicial review. Topics include preliminary and practical considerations; commencing a judicial review; evidence in a judicial review; advocacy in a judicial review, and the role of tribunal counsel on judicial review. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.05This paper explores the Supreme Court of Canada’s approach to Charter values over the past three decades. Part I of this paper briefly recounts the history of Charter values outside the administrative law context, Part II describes major milestones in the Supreme Court’s approach to the Charter in the administrative law context over the past twenty years, and part III seeks to synthesize the law in this regard, suggesting that this is possible, if challenging. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.04For lawyers assisting administrative law participants, it is important to be aware of both the rights of participants, the obligations of decision-makers, and the continued evolution of the case law in this area. This paper explores various participatory rights by describing what they entail and cases from the common law that speaks to the circumstances in which those rights may arise. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.03Administrative Law is divided into three parts: grounds for review, standards of review, and remedies. This paper explores the standard of review to be used by the courts when hearing either an application for judicial review or a statutory appeal. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62572.01Statutory interpretation is an art, the parameters of which are governed by the common law principles of interpretation and the Interpretation Act. Because it is an art, statutory interpretation provides fertile ground for effective advocacy. This paper explores the common law of statutory interpretation and the Interpretation Act. These materials are part of a collection presented at LESA’s Administrative Law program in Edmonton on February 24, 2026.
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62600.00This paper explores the analytical foundation for addressing employment law issues in Alberta’s non-unionized workplaces. It offers a clear and structured approach to legal analysis, benefiting both new and experienced practitioners. Topics include preliminary fact gathering, threshold classification questions, identifying the legal issue, and interpreting employment contracts.
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62497.03Under the Arbitration Act, there are two provisions which have direct application to the issue of costs: sections 53 and 55. A few other provisions might be engaged in certain circumstances. This paper reviews that statutory authority and considers how it might inform or shape arguments relating to costs in arbitration proceedings. These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.
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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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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.
