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  • 62464.05
    Potential clients will often call a lawyer’s office seeking information about their legal rights after they have been dismissed or laid off from their jobs. This paper explores the fundamentals of employment contracts, the law governing termination of employment, and the importance of the legal distinction between non-unionized and unionized employment. It also provides a practical list of factors that lawyers should consider in an initial client meeting dealing with a termination of employment. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62464.04
    The determination of damages is key to any wrongful dismissal claim. It is fundamentally important to understand the principles that apply to the assessment of damages and the onus of proving or rebutting a damages claim. This paper explores the issues to consider as part of a damages assessment, including reasonable notice, additional damages (punitive, exemplary, aggravated), mitigation, other causes of action, and practical considerations. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62464.03
    It is important for employers to understand their obligations and legal entitlements to terminate employment. This paper examines scenarios of with cause and without cause terminations, including a discussion of notice periods, inducement, bad faith damages, elements of remuneration, and the duty to mitigate. Additionally, unlawful termination through constructive dismissal is also addressed. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62464.02
    Lawyers who practice in employment law must have a solid understanding of the terms, expectations, rights, and obligations that exist in an employment relationship, both during the employment and after the relationship terminates. This paper explores five key classes of duties: good faith, provision of a safe work place, confidentiality, fiduciary duties, and restrictive covenants. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62464.01
    There are certain fundamental concepts that are important to keep in mind when it comes to entering into and amending employment contracts. This paper will explore the basics to help avoid typical pitfalls that can increase an employer’s liability, leave an employee with uncertainty as to their rights and obligations, or both. This paper is part of a collection presented at LESA’s Employment Law Fundamentals program in Edmonton on October 8, 2024.
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  • 62459.01
    In Alberta, when a family maintenance and support (FMS) claims is made against an estate, the Courts are to balance testamentary intention with the need to provide for the deceased’s “family members”, as defined in the Wills and Succession Act. This paper explores the limits on testamentary intention stemming from the legal rights of certain classes of individuals who can apply to the Court and request a provision from an estate where they were not adequately provided for. This paper was presented at LESA’s Family Maintenance and Support Claims: Testamentary Intentions vs. Moral Obligations webinar on October 1, 2024.
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  • 62450.05
    Pre-trial discovery and questioning are essential tools in advancing clients’ interests. A well prepared, focused and strategic questioning will reveal the strengths and weaknesses of both parties’ cases allowing for well-informed settlement discussion or the clarification of issues for determination by the Court. While there is no singular method to plan for and execute questioning, this paper explores useful questions that lawyers should consider in every case. This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.
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  • 62450.04
    Constitutional issues can arise in a variety of cases, including in litigation related to major resource, infrastructure, and transportation projects. This paper will provide an overview of the types of cases that can involve constitutional issues, the types of constitutional issues that can arise in those cases, and the evidence that may or may not be admissible in such cases. This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.
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  • 62450.03
    The number of complaints being made to bodies regulating professionals in Alberta is increasing, with highly regarded, skilled and ethical professionals having complaints made against them. This paper will discuss basic principles that can be useful when defending regulatory complaints against professionals in Alberta. This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.
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  • 62450.02
    This paper provides a brief overview of the Court of King’s Bench commercial list and considers its jurisdiction and the kinds of applications brought before it. The paper also addresses the obligations and remedies sections of the Alberta Business Corporations Act. Under the oppression remedies section, the author explores who can stand as a “complainant”, what are the badges of fraud, whether the “Business Judgment Rule” shields conduct from potential remedies, and Part 18 investigations. This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.
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  • 62450.01
    This paper explores the ethical and professional responsibilities of avoiding conflict and the duty of loyalty and fidelity; conflicts in shareholder disputes; removal of counsel and addressing impugned legal fees; and the strategic and tactical considerations for challenging counsel. This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.
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  • 092.052.00
    The Alberta Business Law Practice Manual is a comprehensive resource designed for business lawyers in Alberta. Whether you practice in corporate law, intellectual property law, oil and gas law, or commercial litigation, this manual provides essential information and precedents for any business law practitioner.
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