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61875.04This paper addresses affinity, alignment, and estrangement with a focus on the concepts behind parental alienation, the warning signs that alienation might exist, and what lawyers and judges can do to address parental alienation. In its conclusion, this paper discusses the importance of identifying warning signs and symptoms of parental alienation as well as the best ways to treat and deal with these cases. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
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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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62045.02This paper addresses the top 6 lingering misconceptions about Bill 6: The Enhanced Protection for Farm and Ranch Workers Act. It provides practical information for practitioners when discussing with clients the impact of Bill 6 on farming and ranching operations, particularly with respect to occupational health and safety requirements and concerns. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
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62270.01Exploring case law, legislation, and ethical obligations, and applying years of personal experience, this paper gives tips, considerations, and solutions to help lawyers develop sound practice habits, This paper was presented at LESA’s 7 Tips for a Successful Personal Injury Practice webinar on March 11, 2022.
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62028.06This paper reviews 8 clauses that aren’t commonly found in Alberta wills, but that should be considered during estate planning discussions and drafting. The estate planning provisions discussed include: digital assets; evidence of inability to act; definition of grandchild; personal property; advances; joint assets; statement of intention; and real property interests. This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.
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62371.01This paper addresses aspects of the Alberta Child, Youth, and Family Enhancement Act (CYFEA), including the responsibilities of the Ministry of Child and Family Services and the Director, the roles of Family and Surrogate Court Litigation (FASCL) and Court Coordinators, principles that guide the interpretation and administration of the CYFEA, agreements with the Director, supervision orders, apprehension orders, temporary guardianship orders (TGOs) and permanent guardianship orders (PGOs), private guardianship, administrative reviews, and pertinent forms. This paper is part of a collection presented at LESA’s Child Protection Issues in Family Law Matters program on January 19, 2024.
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62000.06Until very recently, there was no common law right to privacy in Canada. Now, some jurisdictions in Canada recognize such a right, while others refuse. Although Alberta has yet to clearly recognize a common law right to privacy, the author submits that it is only a matter of time. This paper examines the development of a common law right to privacy, and discusses the general cause of action, including damages. The author discusses developments in the UK, United States, British Columbia, Alberta, and Nova Scotia. This paper is part of a collection presented at LESA’s 2016 Privacy Update program.
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62406.01These materials provide a comprehensive overview of the legal assistant’s role in preparing for trial, from the preparation and filing of commencement pleadings to the creation and use of trial materials. Each stage demands meticulous attention to detail and adherence to the relevant practice notes, directions, and Rules of Court. This paper is part of a collection presented at LESA’s Family Law for Legal Support Staff program in Edmonton on June 6, 2024.
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61838.01In this paper, the author discusses the impact of the recent decision of Sparrowhawk v Zapoltinsky, 2012 ABQB 34 [Sparrowhawk] on minor injury claims. He suggests that while Sparrowhawk is regarded as a groundbreaking decision for plaintiff’s counsel, it is seen as merely persuasive but non-binding from the perspective of defendant’s counsel. The author also discusses the issue of videotaping certified medical examinations and provides an update on quantum. A must-read resource if you have questions about the minor injury cap. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.
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62061.07This paper focuses on the interplay of constitutional law and the environment. It discusses recognizing a constitutionalized right to a healthy environment, and provides an introduction to what such a right might entail and the impact it could have if it were to be adopted. It also includes a discussion of why constitutional protection of the environment matters, with references to foreign examples. In addition, the paper proposes potential avenues for the right to a healthy environment to become a recognized protection in the Constitution. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.
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62044.03Legal proceedings that involve self-represented parties bring unique challenges. This paper addresses how to effectively engage with self-represented litigants in foreclosure proceedings. It discusses privacy issues, considerations when advising self-represented litigants, and common concerns and responses of self-represented litigants. It also provides case law examples that may be relied on when dealing with parties taking advantage of their self-represented litigant status. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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