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OC-62355-01This presentation explores recent Alberta case law addressing: application of the Supreme Court of Canada’s decision in Redwater with respect to environmental obligations and environmental super priorities; the issue of lost caveats at Land Titles and obligations on purchasers to investigate underlying documents; amending legal descriptions to reflect a change in natural boundaries; and assessing damages for breach of a purchase agreement when there is a claim for specific performance. This on-demand program was originally presented as an in-person program on October 20 & 21, 2023 as part of our Real Estate Conference. Total running time is 51 minutes.
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OC-62367A busy housing market poses unique challenges for legal support staff that require a unique approach to navigate for a successful real estate transaction. This presentation examines issues that can arise during a hot housing market and explores strategies that legal support staff can employ to identify and overcome these issues. This on-demand program was originally broadcasted as a live webinar on October 4, 2023. Total running time is 1 hour, 3 minutes.
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62150.06This paper provides a brief synopsis of considerations when using expert evidence in family law trials. Topics discuss admissibility, preparing the witness, qualifying the expert at trial, examination, and cross-examination. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62150.05This short paper provides practical tips for conducting an effective cross-examination and includes discussion about impeaching a witness on inconsistent statements. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62150.04This paper explores four key areas related to direct examination: (1) basic rules for direct examination, (2) preparing witnesses, (3) how to control witnesses and proper versus improper leading, and (4) use of exhibits. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62150.03This short overview paper offers practical tips for making effective opening and closing statements when conducting a family law trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62150.02This paper offers some ethical and practical considerations for when a family law case is headed to trial. It includes reflections on lessons learned, tips, and precedents. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62150.01This paper focuses on Alberta Rules of Court Part 5 questionings (formerly known as examination for discovery) that, in the family law context, apply to proceedings under the Divorce Act or Family Property Act as well as actions for unjust enrichment. Topics provide insight into the scope of questioning, preparing for questioning, conducting questioning, and using questioning evidence at trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
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62365.05Lawyers need to ensure that personal representatives understand what tasks they need to perform and what tasks the lawyer will handle. This paper considers a variety of issues that lawyers must be sensitive to during the administration of an estate, including how to navigate estates where assets are held by a financial institution, the distinction between estate accounts and trust accounts, dealing with real property, dealing with personal effects, expenses incurred by the personal representative, advertising for creditors and claimants, mail forwarding, and assets outside of Alberta. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.04Tax is a complicated and multifaceted complication for many estates. However, having a general understanding of tax rules helps to ensure that the estate administration can proceed smoothly and with reduced complication. This paper explores common tax issues and pitfalls in the administration of estates, as well as some of the key income tax issues that should be addressed when legal counsel is retained to assist the personal representative of an estate. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.03This paper explores the nuts and bolts of grant applications including determining whether to use the Surrogate Digital Service or the paper-based GA forms. It focuses on the information that courts require during the grant application such as the name(s) of the deceased; applicant(s) and priority to apply; wills and codicils marked for identification; beneficiaries; intended recipients of void and revoked gifts; potential claimants; assets and liabilities of the deceased; oaths, affirmations, and certifications; filing, serving, and awaiting the court’s decision; applicable legislation; and relevant surrogate forms. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
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62365.01This paper explores the duty to account in estate administration. Topics addressed include general principles and the common law duty to account, the legislated duty to account, when to account, how to fulfill the duty to account, who is entitled to an accounting and who prepares/pays for the accounting, accounting by trustees under the Trustee Act, and accounting by attorneys under a power of attorney. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
