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62464.04The determination of damages is key to any wrongful dismissal claim. It is fundamentally important to understand the principles that apply to the assessment of damages and the onus of proving or rebutting a damages claim. This paper explores 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 paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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62013.05Understanding how to anticipate and gauge damages is key for any practitioner in employment law. This paper provides an overview of the issues to consider in a damages assessment, including reasonable notice and valuation, economic factors, additional damages (punitive, exemplary, and aggravated), mitigation, the duty of honesty and good faith, and other causes of action. References to relevant case law are included throughout the paper.This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 5, 2016 and in Calgary on October 13, 2016.
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62013.02This resource identifies 10 considerations for employment contracts, and provides supporting case citations for each. Items discussed include: offer and acceptance, crystallization of terms, terminating a contract, probationary periods, the Employment Standards Code, changing a contract, among others.This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 5, 2016 and in Calgary on October 13, 2016.
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62005.03Recent case law has considered the extent of insolvency legislation’s rehabilitative power. This paper examines the impact of recent decisions from the Supreme Court of Canada, suggesting that an individual found guilty of professional misconduct can likely avoid fines and costs imposed by a professional regulatory body by making use of insolvency proceedings. Key cases are outlined in the author’s analysis: 407 ETR Concession Co v Canada (Superintendent of Bankruptcy), 2015 SCC 52; Alberta (Attorney General) v Moloney, 2015 SCC 51; KPMG Inc v Alberta Dental Association, 2005 ABCA 101. Further, limitations imposed by the legal system on the degree to which insolvency can impede a professional regulator’s powers are discussed, with consideration given to internal mechanisms in insolvency law, as well as the constitutional division of powers. This paper is part of a collection presented at LESA’s 2015 The Constitution in the Insolvency Tool Box program.
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62045.02This paper addresses the top 6 lingering misconceptions about Bill 6: The Enhanced Protection for Farm and Ranch Workers Act. It provides practical information for practitioners when discussing with clients the impact of Bill 6 on farming and ranching operations, particularly with respect to occupational health and safety requirements and concerns. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
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62000.06Until very recently, there was no common law right to privacy in Canada. Now, some jurisdictions in Canada recognize such a right, while others refuse. Although Alberta has yet to clearly recognize a common law right to privacy, the author submits that it is only a matter of time. This paper examines the development of a common law right to privacy, and discusses the general cause of action, including damages. The author discusses developments in the UK, United States, British Columbia, Alberta, and Nova Scotia. This paper is part of a collection presented at LESA’s 2016 Privacy Update program.
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62061.07This paper focuses on the interplay of constitutional law and the environment. It discusses recognizing a constitutionalized right to a healthy environment, and provides an introduction to what such a right might entail and the impact it could have if it were to be adopted. It also includes a discussion of why constitutional protection of the environment matters, with references to foreign examples. In addition, the paper proposes potential avenues for the right to a healthy environment to become a recognized protection in the Constitution. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.
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62382.01This guide bridges the gap between the Alberta Law Reform Institute’s Report on Personal Property Security Law and the new legislative provisions in force as of June 1, 2024. It also includes commentary that summarizes the changes to the PPSA brought about by the amendment. This paper is part of a collection presented at LESA’s PPSA Update in Edmonton on June 5, 2024 and was also presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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61832.01This article provides a useful overview of the workers’ compensation review and appeal systems. First, it reviews the principles on which the WCB system is founded. Then it discusses the various decision review structures, including judicial review and judicial appeals. Finally, it concludes by identifying and answering a comprehensive list of frequently asked questions about the WCB system. This is a must read article for any practitioner considering doing work in the area of WCB claims or any experienced practitioner who wants to fill possible gaps in knowledge. This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals program in April 2012.
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61849.02bThis paper grounds its argument in the new requirement born from Reference re Assisted Human Reproduction Act, which regulates Parliament’s power to enact criminal law with respect to health matters. The author argues that this new requirement provides a useful demarcation between federal and provincial interests in health, and, at a minimum, marks a move towards finding a principled solution to federalism disputes over health regulation. This paper was presented at the Constitutional Law Symposium in September 2012.
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62147.02This 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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61892.04bThis paper discusses the conflux between resources development in Alberta and aboriginal consultation. In it, the author focuses on: aboriginal and Metis rights and current consultation law and policy; the legal and policy context of the resource development process; and recent and upcoming changes to aboriginal consultation. This paper was presented at the Constitutional Symposium held in October 2013.
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