Areas of Law
Areas of Law
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  • 62390.04
    Lawyers and legal support staff form an essential partnership in facilitating successful commercial real estate transactions. This paper discusses the role of a lawyer in commercial real estate transactions and explores the collaboration between lawyers and legal support staff in this endeavour. This paper is part of a collection presented at LESA’s Commercial Real Estate for Legal Support Staff program in Edmonton on March 13, 2024.
  • 62397.01
    Due to the dynamic nature of civil litigation matters, the role of legal support staff can be challenging. This paper provides an overview of the King’s Filing Digital Service, including the new platform, digital filing service vs. email filing, and current differences between filing in Edmonton and Calgary. It also discusses the new rules relating to the civil streamlined trial process, which came into effect January 1, 2024, examines the purpose of streamlined trials, and provides an overview of the streamlined trial process and procedure. This paper was presented at LESA’s Effective Legal Support: Hot Topics in Civil Litigation webinar on March 14, 2024.
  • 62395.01
    On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This paper discusses the amendments to the Trustee Act, recent amendments to the Estate Administration Act and the Adult Guardianship and Trusteeship Regulation, and judicial involvement. This paper was presented at LESA’s A Year in Review: Judicial Treatment of the New Trustee Act webinar on March 12, 2024.
  • 62354.01
    This paper is a comprehensive review of the principles set out in the Anderson v Anderson decision, earlier consideration by Alberta courts of those same principles, and how Alberta courts will likely apply the Anderson decision. This paper is part of a collection presented at LESA’s Running an Effective Family Law Practice program in Edmonton on March 7, 2024.
  • 62386.04
    This paper examines judicial reviews in two contexts: reviews of decisions of the Alberta Labour Relations Board and reviews of decisions made by other dispute resolution tribunals established under the Labour Relations Code. It also considers which standard of review applies and available remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.03
    This paper is an overview of the statutory appeal process, including procedural considerations and the applicable standard of review. The interplay between a party’s statutory right to appeal and their enduring right to seek judicial review is also discussed. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.02
    When can new evidence be permitted beyond what is in the certified record of proceedings or the appeal record? This paper deals with that question and reviews relevant rules and legal principles, along with some of the leading cases. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62386.01
    This paper explores tribunals’ jurisdictions, judicial review of interim decisions, when to ask for reconsideration and when to seek judicial review, limitation periods, service and parties, certified records of proceedings, the role of tribunals on judicial review, standard of review on the merits, procedural fairness, and remedies. This paper was presented at LESA’s Practice Foundations: Judicial Reviews webinar on February 28, 2024.
  • 62368.04
    The right to cross-examine is inherently embedded in the right to a fair trial. Numerable cases insist that for a fair trial, civil litigants must have the right to cross-examine, including expert witnesses. This paper explores the pre-trial questioning of an expert, the questioning of an expert, and process for the examination of an expert. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.03
    The goal, first and foremost, of cross-examination is to aid in the truth seeking process of litigation. A good cross-examination, well prepared and well executed, helps that process not simply by “attacking” unhelpful evidence, but rather by also obtaining evidence from the other side’s witnesses that is helpful to your client’s theory of the case. This paper discusses some of the approaches that lawyers can employ to plan and prepare to be successful in cross-examination. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.02
    The cross-examination of children or other vulnerable witnesses raises special concerns for an advocate. This paper discusses steps on how to prepare and modify an approach in sensitive cases while still serving a clients’ best interests. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.
  • 62368.01
    The use of a prior inconsistent statement to impeach a witness’ testimony is an effective tool in cross-examination that serves to undermine a witness’ credibility or reliability and weaken the opponent’s case. This paper explores the legislative framework for impeachments, provides a practical strategy to impeach a witness, and provides suggestions for dealing with difficult witnesses. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.