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62005.04Regulatory bodies are becoming increasingly involved in the sale and liquidation of an insolvent oil and gas corporation’s assets. This paper discusses the enforcement of regulatory powers in an insolvency, with a particular focus on the recent case of Re Redwater Energy Corporation, 2016 ABQB 278, discussing arguments raised in the case and the Alberta Energy Regulator’s position on them. As well, recent decisions from the Alberta Surface Rights Board are also commented on to highlight the difficulty regulators are having when faced with constitutional questions stemming from an insolvency. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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62005.03Recent 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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62005.01Canadian courts often have to consider the interplay between federal insolvency laws and provincial property and civil rights laws. This paper outlines the various “points of contact” between federal and provincial laws and what courts have concluded about the co-existence of those laws through an examination of past and current case law. Topics discussed include priorities, the scope of and test for provable claims, claims against third parties, trustee powers, and Charter of Rights and Freedoms cases in insolvency law. This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.
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61807.05This paper was presented at our Immigration Law seminar in September of 2011. This paper addresses the rights of Canadian citizens and permanent residents of Canada to sponsor their spouses, common law partners or conjugal partners for permanent residence in Canada. The author reviews the application procedure and how to file a successful application. This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF. Click here to view some sample pages.
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61807.04This paper provides immigration law practitioners with an overview of the issues they are likely to encounter when assessing and addressing criminal and medical inadmissibility. The paper examines the circumstances in which a foreign national is barred from entry to Canada on the basis of criminality or health and provides an overview of the options for overcoming these inadmissibilities. This paper was presented at our Immigration Law program in September of 2011.
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61807.03This paper focuses on the Economic Class under the Immigration and Refugee Protection Act. The author addresses three possible avenues for skilled workers under the Economic Class to obtain Permanent Resident Status in Canada: the Federal Skilled Worker, the Canadian Experience Class and the Provincial Nominee Class. The paper outlines the different criteria and the advantages and disadvantages when applying under each class. This paper was presented at our Immigration Law program in September of 2011.
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61807.01The authors address “Labour Market Opinion (LMO) Exempt” or “Confirmation Exempt” work permits. It provides an overview of the most common Confirmation Exempt Work Permit Categories and the Temporary Foreign Worker Units. Issues discussed include why you should consider an LMO exempt category as well as the legal and procedural requirements for LMO exempt applications. The authors conclude with a discussion on the options available for making these applications. This paper was presented at our Immigration Law progrsm in September of 2011.
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60_08_05The paper discusses the debate about whether the cost of future care should be offset by the availability of government funding for handicapped individuals. This paper was presented at the Health Law program held in March of 2011.
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60_08_02This paper focuses on the standard of care a physician owes to his or her patient, providing an overview of the relationship between duty and standard of care in medical negligence. The general principles used by a court and the key factors in court decisions will be discussed and the paper concludes with an analysis of two commonly raised defences against allegations of medical negligence relating to standard of care. This paper was presented at the Health Law program which was held in Edmonton on March 3, 2011 and in Calgary on March 10, 2011.
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60_08_01This paper provides an overview of the law of informed consent and sets out some practical suggestions for litigating informed consent issues. Three issues focused on include: (1) the obligation of health care practitioners to disclose personal matters, (2) the method and content of disclosure, and (3) causation and the timing of surgery. These issues are analyzed from the perspective of both a plaintiff and defendant's counsel. This paper was presented at the Health Law program which was held in Edmonton on March 3, 2011 and Calgary on March 10, 2011.
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60_08_04This paper discusses damages for loss of financial support brought under the Fatal Accidents Act on behalf of a surviving spouse. It focuses on the principles of calculation and the determination of dependency of the claimant based on a specific scenario. A discussion of relevant case law is included. This paper was presented at the Health Law program which was held in Edmonton on March 3, 2011 and in Calgary on March 10, 2011.
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60_08_03This paper covers the general principles of causation, the evolution of the law on causation and developing trends. The paper focuses on the recent Alberta cases of Nattrass v Weber, 2008 ABQB 259, Meyers v Moscovitz, 2003 ABQB 468, and Philip v Bablitz, 2004 ABQB 2, which were decided following the Supreme Court of Canada case of Resurfice Corp v Hanke, 2007 SCC 7. This paper was presented at the Health Law program which was held in Edmonton on March 3, 2011 and in Calgary on March 10, 2011.
