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62058.02This paper provides a point-form overview of insolvency law basics. Topics discussed include licensed insolvency trustees, filing for bankruptcy vs. filing proposals, the effect of bankruptcy on credit ratings, exempt property, surplus income, and duties of a bankrupt. In addition, key features of division I and division II proposals are highlighted. 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.
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62060.07This paper provides tips to improve your courtroom practice from the perspective of the Bench. It includes a brief background on the workload and content facing the court, as well as judicial discretion. It also discusses best practices for lawyers appearing in court, including considering a cost/benefit analysis, utilizing the Rules of Court, following time limits, getting costs, and completing trials on time. As well, the paper looks briefly at potential future court issues and arrangements, such as electronic trials, increased litigation oversight, special accreditation, among others. Finally, tips for lawyers interested in a judicial appointment are also highlighted. This paper is part of a collection presented at LESA’s 7th Annual Law & Practice Update in Edmonton on October 20–21, 2017.
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62060.03This paper discusses considerations for parties in bankruptcy and insolvency proceedings. It reviews key provisions under the Bankruptcy and Insolvency Act, RSC 1985, c B-3 [BIA] and highlights 4 common bankruptcy options available under the BIA: summary administration, ordinary administration, division one proposals, and division two proposals (consumer proposals). This paper is part of a collection presented at LESA’s 7th Annual Law & Practice Update in Edmonton on October 20–21, 2017.
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OC-62052Familiarize yourself with the role of legal support staff in managing civil litigation matters. Engage in an overview of civil litigation actions, including pleadings, applications, questioning, costs, and trial preparation. Analyze relevant sections of the Rules of Court, and learn how they affect litigation matters. This on-demand program was originally presented as an in-person program in September 2017. Total running time is 3 hours, 15 minutes.
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62052.03This paper provides an overview of the basic procedure and process for making an originating application. It discusses what an originating application is, why it is used, where and when it is filed and served, and how it proceeds in court. The second part of the paper reviews the procedure and specific requirements for judicial review, including why it is used and who it involves. This paper is part of a collection presented at LESA’s Effective Legal Support: Civil Litigation seminar in Calgary on September 12, 2017 and in Edmonton on September 19, 2017.
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62052.05This paper provides a comprehensive review of the discovery of documents and questioning processes in civil litigation to aid legal support staff in the management of civil files. It includes detailed references to the Rules of Court and case law, as well as practical tips. Some of the topics discussed include: deadlines for affidavits of records, privilege, obtaining records from others, and transcripts and undertakings. This paper is part of a collection presented at LESA’s Effective Legal Support: Civil Litigation seminar in Calgary on September 12, 2017 and in Edmonton on September 19, 2017.
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62052.04This paper discusses interlocutory applications, which are brought between the commencement and final resolution of a civil claim. It reviews the basic steps involved in interlocutory applications, including: notice of application, affidavit evidence, questioning on an affidavit, briefs, and orders. Common types of interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted. The paper also includes various forms related to interlocutory applications. This paper is part of a collection presented at LESA’s Effective Legal Support: Civil Litigation seminar in Calgary on September 12, 2017 and in Edmonton on September 19, 2017.
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62052.02This paper provides an overview of pleadings in a civil action. It includes a discussion of the technical requirements and contents of pleadings. It also provides a basic overview of common and complex pleadings. As well, commonly encountered issues with pleadings, such as amendments, joinder, and severance, are also discussed. This paper is part of a collection presented at LESA’s Effective Legal Support: Civil Litigation seminar in Calgary on September 12, 2017 and in Edmonton on September 19, 2017.
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62042.21This paper provides some suggestions, from a judicial perspective, for effective chambers advocacy. It includes drafting suggestions for pleadings, affidavits, and orders, and tips for being an effective and persuasive advocate in court. It also provides tips for ex parte applications, special chambers, and trial. This paper is part of a collection presented at LESA’s 50th Annual Refresher in Lake Louise from May 7–9th, 2017.
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62044.04This paper discusses the process to have funds paid out of court after a foreclosure sale. It considers potential creditors in a foreclosure proceeding, priorities, and exemptions under the Civil Enforcement Act. It also discusses the implication of Crown claims, certificates of lis pendens, and builders’ liens on such funds. The paper includes a sample application, affidavit, and order to have funds paid out of court. 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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62043.06This paper addresses the interface between the rights of judgment creditors and those of secured creditors with respect to personal property. It outlines the priority rules that apply between judgment creditors and secured creditors, and discusses the manner in which priority determines the salability of property to enforce a claim and the distribution of funds generated by enforcement action taken by a judgment creditor or a secured creditor. The paper also includes a number of example scenarios to illustrate concepts discussed. This paper is part of a collection presented at LESA’s Personal Property Security and Debt Recovery Essentials program in Edmonton on May 17, 2017 and in Calgary on May 24, 2017.
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62043.05This paper provides a survey of case law on federal Crown priorities, with a particular emphasis on deemed-trust and enhanced garnishment mechanisms for source deductions and GST claims. Additional cases examining the “deemed security interest” and the “debts of equal degree” Crown prerogative are also discussed. This paper is part of a collection presented at LESA’s Personal Property Security and Debt Recovery Essentials program in Edmonton on May 17, 2017 and in Calgary on May 24, 2017.
