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62285.01This paper clarifies the current law on human rights issues in residential tenancies in Alberta and provides practical guidance for lawyers advising tenants and landlords. This paper was presented at LESA’s Practice Foundations: Residential Tenancies webinar on October 17, 2022.
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62253.05Administrative law is concerned, above all, with constitutional principles. As such, administrative law practitioners must be familiar with the Charter and its relationship to administrative law. Looking at jurisprudence since Vavilov, this paper identifies several patterns of deviation from the established Doré/Loyola framework for judicial review of administrative decisions that engage the Charter. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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62253.04Participant standing is critical to a well-functioning and effective administrative law process. This paper provides a foundation in participant standing before tribunals and the courts in the administrative law context, discussing “first principals” that underpin the right to standing and key elements of standing determinations, associated procedural rights and recent developments, including in the area of public interest standing. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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62253.03This paper addresses the following questions: (1) What documents should be included in the record? (2) When are affidavits admissible in addition to the record? (3) Who has the onus to establish admissibility of affidavits? (4) When affidavits are admissible, what standard additional requirements will also apply? (5) How does the scope for questioning on affidavits differ from questioning on discovery? (6) What are other interesting issues respecting the record? (7) When should the record be filed (before or after preliminary applications)? (8) What are some practical pointers for preparing the record? This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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62253.02The topic of this paper is the standard of review that should be applied by an administrative appeal tribunal when it is hearing an appeal from a tribunal of first instance. These are internal appeals, not external review by the superior courts. To what extent should the appeal tribunal extend deference? Does Vavilov apply? This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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62253.01Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is the sixth attempt in 50 years by the Supreme Court of Canada to grapple with standards of review. This paper concentrates on the important highlights and take-aways from Vavilov. It will also identify areas which Vavilov does not deal with, or which bear watching for further developments. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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62223.01Using a case scenario to set the stage, this paper addresses common issues that can arise in immigration matters, including determining a client’s civil status, investigating permanent residence options, and the effects of criminal charges or family medical issues on applications for permanent residency. This paper was presented at LESA’s How to Untangle Immigration Issues: An Overview and Analysis of a Case Scenario webinar on March 25, 2021.
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62147.04This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.03This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.02This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62147.01This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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62143.02This paper reviews the role of a legal assistant or paralegal during mediation or arbitration, considering issues from both the intake and requesting perspective. The paper focuses on how assistants play a role in helping the lawyer they work with maintain the impartiality and neutrality they are required to maintain as a mediator or arbitrator. The paper discusses pre-, during-, and post- mediation/arbitration concerns, including information collection, conflicts, scheduling, sending formal correspondence and documentation, and more. Materials include quick reference checklists and a sample booking sheet precedent.