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61854.03This paper discusses current issues being addressed by human rights tribunals, arbitrators and the courts with respect to the employers’ duty to accommodate. The author provides an analysis of case law which highlights the challenges faced in attempting to accommodate employees with complex needs. In particular, the paper provides an overview of recent cases which discuss the problem of identifying the employer to the accommodation process where conduct arises from a party who would not normally be considered an employer of the complainant. The author concludes with a brief overview of ‘family status’ as a prohibited ground of discrimination, including a discussion of Devaney v ZRV Holdings Ltd which looked at an employee’s need for a flexible work arrangement to care for his elderly mother. This paper was presented at the Employment Law Update program held in October and November of 2012.
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61854.01This paper provides an in-depth analysis of the law relating to the distinction between independent contractors and employees, restrictive covenants, termination clauses, and stock option plans. For each of these topics, the author provides an overview of the relevant case law as well as tips for drafting contracts that will clearly capture the intention of the parties and reduce the chances of litigation. This paper was presented at the Employment Law Update program held in October and November of 2012.
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61846.01This paper outlines the bail review process at the Court of Queen’s Bench, providing information on scheduling the hearing as well as timing, notice and documentation requirements. The author also provides similar information on detention review applications, bail forfeiture applications, summary conviction appeals and appeals to the Court of Appeal. This paper was presented at the Criminal Law for Legal Support Staff program held in September 2012.
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61839.06This paper will enable practitioners to advise “snow bird” clients about the US requirements for admission as a visitor. It addresses issues such as period of stay, marriage of a Canadian to an American national, and prior criminal convictions. This paper was drawn from materials presented at the Advising an Aging Population seminar held in May 2012.
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61841.03This paper canvasses the continuum of dispute resolution methods ranging from information and interest based mediation, to binding JDRs and trials. For each method the authors discuss examples, as well as the advantages and disadvantages. If you are interested in being able to counsel clients on which method of dispute resolution is the best fit for them, this is a must read paper. This paper was drawn from materials presented at the Civil Litigation for LSS seminar held in May 2012.
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61841.01The author of this paper looks at legal issues faced by lawyers and support staff who work with indigenous clients. She defines key terms such as treaties, Metis, and “duty to consult” and examines some of the primary legal authorities in Alberta including the Indian Act, Metis Settlements Act, and R. v. Prowley. She concludes the paper by making some practical suggestions for how to deal effectively with the government departments and agencies in this area. This paper was drawn from materials presented at the Civil Litigation for LSS seminar held in May 2012.
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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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61827.02This paper was drawn from materials presented at the Common Chambers’ Applications seminar held in February 2012. This paper examines the concept of judicial review, relevant time limitations, the appropriate court, types of decisions subject to review, admissible evidence, and standards of review. This resource also covers rules, procedures, and specific forms, as well as advocacy, remedies, and appeals.
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61808.03The paper outlines the tools and approaches which can be taken in the land development process in relation to preserving the natural environment. In the course of this outline, the author discusses the implications these tools have for developing a built landscape. The overall focus of the paper is on the municipal power during subdivision to dedicate lands as environmental reserves, municipal and provincial wetland policies and other tools that may be used. The author then analyzes which preservation tools may be most appropriate in a certain circumstance. This paper was presented at LESA's Environmental Considerations in Land Development program in September of 2011.
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07_45_03This paper provides an overview of dispute resolutions processes including private mediation, court annexed mediation, judicial dispute resolution and use of the waiver rule in the Rules of Court. A cost/benefit analysis of dispute resolution and alternatives are also discussed. This paper was presented at the Update 2011 program.
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62005.06The interface between trust law and bankruptcy and insolvency law has generated both legislation and litigation. An aspect of this interface is the constitutional division of power: trust law falls within provincial legislative jurisdiction, whereas bankruptcy is a matter of federal legislation. This paper explores the conceptual factors that have been applied by courts when determining the appropriate accommodation between trust and insolvency law. This accommodation is addressed in the context of six categories of trusts: express trusts, implied trusts, remedial trusts, resulting trusts, deemed statutory trusts, and trusts mandated by statute benefitting the Crown or others. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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62005.05Determining the purpose and objectives of long-standing and established federal insolvency systems has generally not been difficult. The same cannot be said for federal receivership provisions. The Supreme Court of Canada undertook a search for the purpose behind these federal receivership provisions in Saskatchewan (Attorney General) v Lemare Lake Logging Ltd, 2015 SCC 53. That case, which has cast doubt on whether receivership law should be characterized as a federal insolvency system, serves as the central focus of this paper. The author seeks to explain how and why this questioning of receivership law has come to pass, and considers its future implications. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
