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61929.02Obtaining a judgment against a debtor is only the first and, arguably, easiest step in the collection process. Much more difficult is the enforcement of that judgment. This paper looks at enforcement methods, including reciprocal enforcement, preparing a writ of enforcement and registering judgment, post-judgment searches, seizure exemptions, questioning in aid of enforcement, obtaining a financial report, garnishment and issues in bankruptcy. This is one of a series of papers delivered at LESA’s Collections for Legal Support Staff program in November, 2014.
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61929.01This paper discusses the typical matters to be considered before getting judgment on a claim for an unpaid debt. It focusses only on unsecured debt or “liquidated demand” claims – the most common type of debt collection claims. It provides details on issues like initial file assessment, conducting and reviewing searches, considering priorities, pre-judgment steps, private remedies, drafting the claim and noting a debtor in default. This is one of a series of papers delivered at LESA’s Collections for Legal Support Staff program in November, 2014.
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61887.13This paper provides a very concise and detailed comparison of the mandate and duties of the case management officer and case management counsel. Details include what a case management officer can do for you and the top tips for successfully navigating Court of Appeal procedure. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.12This paper offers very practical tips, strategies, and techniques for lawyers looking to think outside the box during litigation, specifically suggesting measures geared toward hastening file resolution. Topics include these: Helping a client through the process without getting bogged down, file management that moves things along, and taking steps quickly , for instance scheduling an ADR prior to questioning, dealing with the sequelae of questioning immediately after it ends, and the fastest way to handle undertakings. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.11Recognizing that a lawyer’s reputation can be affected by his or her timeliness in responding to others and in his or her file management practices, this paper identifies common reasons why litigation files often grind to a standstill. The author goes on to provide suggestions for preventing such a standstill. Some of the topics covered include client management, psychological considerations, dealing with non-responsive counsel, settlement overtures, and dealing with incivility. Relevant Code of Conduct excerpts are attached. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.10This paper examines the Rules of Court as the tool for keeping things on track. Specifically, the author examines the Rules involving litigation management generally, litigation plans, issues in joint responsibility for litigation management, summary trials and summary judgments, using notices to admit and questioning a witness in a summary proceeding. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.08Is litigation privilege afforded to “ingathered documents” like information gathered from social media sources? After raising this and other questions regarding litigation privilege, unprivileged original documents, and privacy issues, this author discusses how the litigation privilege issue might be approached by Alberta lawyers today and in the future. First, she provides a refresher of the basic principles of privilege in general and litigation privilege in particular. Next, she summarizes the leading Canadian cases dealing specifically with the application of litigation privilege to copies or collections of otherwise unprivileged documents. Last, the author makes suggestions for resolving this question in future. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.06This paper addresses the process for requesting records from the RCMP in the context of motor vehicle accident litigation where the RCMP is not a named party. Essentially, this paper represents a general overview of the current practices of the Business & Regulatory and Public Security, Deference and Immigration sections in the Edmonton office for the Prairie Region of the Department of Justice. Draft form of consent order for disclosure attached. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.05This paper focuses on the access to information provisions under the FOIP Act, HIA, and PIPA. Written concisely and organized into comprehensive tables, the author examines questions like these, answered according to the legislation involved: “What are my access rights?”, “How will I know what fees will be charged?”, “What is the review process?” and “Can I be excused from paying the fees?” Other details include the role and mandate of the Commissioner, the nuts and bolts of the review process and third party rights in access to information. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.04This paper provides a non-comprehensive list of categories of class action law suits that have been filed against the government with varying success. Other topics of discussion include the perils of suing the government, alternative remedies and preferable procedures, and settlement issues. Attached is an examination of the most recent SCC and Alberta decisions and developments in class action law. This paper was originally produced for Western Canadian Class Actions Conference 2013 (Continuing Legal Education Society of BC: January, 2013) This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61904.03The Personal Property Security Act does not apply to all liens, charges or interests. This paper looks at those liens, charges and interests, offering a discussion of those covered by the common law, by other Alberta statutes (for instance, the Builders’ Lien Act, the Warehousemen’s Lien Act and the Workers’ Compensation Act) and by federal law. This paper was presented at the PPSA Basics program in March, 2014.
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61912.07This paper examines the workings of the Companies Creditors Arrangement Act, including issues surrounding the threshold for CCAA relief and the practical process for obtaining that relief. It also addresses the role of a “Monitor” in CCAA proceedings, and considers how that role may evolve depending upon the facts of a particular case. Finally, it considers the more common forms of CCAA restructurings. Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each. This paper was presented at the Bankruptcy Seminar in January, 2014.
