Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Author listing includes first and last names only.
Date
-
62123.03This paper discusses post judgment steps in an action. Topics discussed include judgment limitation, writs of enforcement, registrations with the Personal Property Registry and Land Titles Registry, demand letters, garnishment, seizure, and more. Legislation excerpts and form precedents are included as appendices. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.
-
62123.02This paper examines creditor remedies that are available prior to obtaining judgment against a debtor. It reviews attachment orders and distress seizures, including a landlord’s right of distress, seizure under security agreements, and statutory distress. It also discusses the distribution of proceeds. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.
-
62123.01This paper provides tips for dealing with civil enforcement agencies. It discusses types of enforcement and what bailiffs need before they can act. It includes letter of instruction precedents and summaries of various enforcement steps. This paper is part of a collection presented at LESA’s Civil Enforcement Fundamentals program in Edmonton on January 22, 2019 and in Calgary on January 29, 2019.
-
-
62077.03This paper explores restitutionary damages, which focus on the advantage gained by a defendant as a result of his or her wrongful conduct. The paper discusses cases where restitutionary damages have been awarded, such as for breach of fiduciary duty. It also examines damages for mineral trespass and disgorgement awards for trespass and conversion. This paper is part of a collection presented at LESA’s The Law of Damages 2018 program in Edmonton on March 8, 2018 and in Calgary on March 15, 2018.
-
62077.02This paper discusses damages for breach of contract. It reviews the Tercon test (Tercon Contractors Ltd v British Columbia (Minister of Transportation & Highways), 2010 SCC 4) for interpretation of exclusion of liability clauses, and then highlights judicial consideration of limitation and exclusion clauses post-Tercon. It also discusses recent judicial treatment of liquidated damages clauses. This paper is part of a collection presented at LESA’s The Law of Damages 2018 program in Edmonton on March 8, 2018 and in Calgary on March 15, 2018.
-
62083.01This paper focuses on best practices for managing commercial litigation and arbitration in order to achieve a fair, timely, and cost-effective process. It discusses strategies to maximize technology in resolving disputes, such as technology assisted review, e-filing, paperless hearings, remote appearances, and more. It also discusses case management, including the markers of effective case management and the one judge model. This paper is part of a collection presented at LESA’s 51st Annual Refresher: Business program in Lake Louise from May 6–8, 2018.
-
62069.05This paper discusses the benefits and limitations of risk analysis as a tool for assessing settlement values, making recommendations, and developing case strategies in litigation. It also provides a hypothetical example to illustrate the use of risk analysis as an analytical tool. This paper is part of a collection presented at LESA’s Litigation Strategies program in Calgary on January 18, 2018 and in Edmonton on January 25, 2018.
-
62069.01Beginning with an analogy drawn from the American Civil War, this paper discusses some of the “battles” encountered in civil litigation, and offers strategies to help you manage information, defend against the other side, and maintain your objectives. It provides essential strategies to employ when faced with a “paper war” (dealing with document overload), a “street fight” (dealing with an extremely aggressive adverse party), a “limited war” (dealing with litigation that your client shouldn’t have been dragged into), and a long campaign (dealing with long-lasting litigation). This paper is part of a collection presented at LESA’s Litigation Strategies program in Calgary on January 18, 2018 and in Edmonton on January 25, 2018.
-
62058.06This paper acts a point-form checklist for lawyers representing a creditor of an insolvent debtor. The checklist outlines important considerations and steps to protect a creditor’s interest in insolvency. It includes tips relating to security review, formal demand for payment, forbearance agreements, seizure and sale of property, super priorities, and more. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Fundamentals program in Calgary on October 17, 2017 and in Edmonton on October 24, 2017.
-
62058.04This paper provides a point-form overview of debtor-in-possession restructuring. It highlights the process for obtaining plans of arrangements under the Companies’ Creditors Arrangement Act, RSC 1985, c C-36, and for proposals under Division I of the Bankruptcy and Insolvency Act, RSC 1985, c B-3. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Fundamentals program in Calgary on October 17, 2017 and in Edmonton on October 24, 2017.
-
62058.03This paper provides an introduction to key considerations in bankruptcy law and practice. In particular, the paper discusses claims and debts that survive bankruptcy, opposition to a bankrupt’s discharge from bankruptcy, and the stay of bankruptcy proceedings. It includes practice tips for lawyers new to or less familiar with bankruptcy law. The paper includes a sample notice of intended opposition to discharge of the bankrupt and a sample application to lift stay of proceedings. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Fundamentals program in Calgary on October 17, 2017 and in Edmonton on October 24, 2017.
