Areas of Law
Areas of Law
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  • 62150.02
    This paper offers some ethical and practical considerations for when a family law case is headed to trial. It includes reflections on lessons learned, tips, and precedents. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62150.01
    This paper focuses on Alberta Rules of Court Part 5 questionings (formerly known as examination for discovery) that, in the family law context, apply to proceedings under the Divorce Act or Family Property Act as well as actions for unjust enrichment. Topics provide insight into the scope of questioning, preparing for questioning, conducting questioning, and using questioning evidence at trial. This paper is part of a collection presented at LESA’s Family Law Trial Fundamentals program in Edmonton on March 11, 2020 and in Calgary on March 18, 2020.
  • 62365.05
    Lawyers need to ensure that personal representatives understand what tasks they need to perform and what tasks the lawyer will handle. This paper considers a variety of issues that lawyers must be sensitive to during the administration of an estate, including how to navigate estates where assets are held by a financial institution, the distinction between estate accounts and trust accounts, dealing with real property, dealing with personal effects, expenses incurred by the personal representative, advertising for creditors and claimants, mail forwarding, and assets outside of Alberta. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
  • 62365.04
    Tax is a complicated and multifaceted complication for many estates. However, having a general understanding of tax rules helps to ensure that the estate administration can proceed smoothly and with reduced complication. This paper explores common tax issues and pitfalls in the administration of estates, as well as some of the key income tax issues that should be addressed when legal counsel is retained to assist the personal representative of an estate. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
  • 62365.03
    This paper explores the nuts and bolts of grant applications including determining whether to use the Surrogate Digital Service or the paper-based GA forms. It focuses on the information that courts require during the grant application such as the name(s) of the deceased; applicant(s) and priority to apply; wills and codicils marked for identification; beneficiaries; intended recipients of void and revoked gifts; potential claimants; assets and liabilities of the deceased; oaths, affirmations, and certifications; filing, serving, and awaiting the court’s decision; applicable legislation; and relevant surrogate forms. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
  • 62365.01
    This paper explores the duty to account in estate administration. Topics addressed include general principles and the common law duty to account, the legislated duty to account, when to account, how to fulfill the duty to account, who is entitled to an accounting and who prepares/pays for the accounting, accounting by trustees under the Trustee Act, and accounting by attorneys under a power of attorney. This paper is part of a collection presented at LESA’s Practice Foundations: Estate Administration program in Edmonton on October 26, 2023.
  • Navigating the daily challenges of a real estate conveyancing practice can seem overwhelming at times. This paper explores common red flags and issues in residential real estate conveyancing and suggests tools and systems to address them. This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.
  • 62355.03
    This paper examines factors at play when commercial leases are assigned, and considers some of the interests of landlords, tenants, and assignees. Topics addressed include privity of contract and privity of estate; the nature of an assignment; reasons for assigning a leasehold interest; lease obligations; considerations when deciding between an assignment and a sublease; consents to an assignment; and considerations when negotiating an assignment agreement, clause, or lease provision. This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.
  • 62355.01
    This paper consists of case summaries addressing the following: recent applications of the SCC’s decision in Redwater, lost caveats at Land Titles, dispensing with consent for registering a condominium plan, gross overriding royalties as an interest in land, actions against Land Titles, equitable mortgages, amending legal descriptions to reflect a change in natural boundaries, the Statute of Frauds, differences between and an agreement for sale and a rent to own agreement, severing joint tenancies after death, discharging Certificates of Lis Pendens, discharging restrictive covenants that conflict with a land use bylaw or statutory plan, interpreting easements, and assessing damages for breach of a purchase agreement when there is a claim for specific performance. This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.
  • 62362.01
    As the courts and practitioners continue to adapt to the new realities of litigation, so too have the interpretation and application of the Alberta Rules of Court. This paper provides an overview of significant case law that has interpreted the Rules of Court on interesting points of law since September 2022. Topics addressed include limitation periods, summary judgement, amendments to pleadings, dismissal for delay, expert reports, costs, time for service of statement of claim, vexatious litigants, and appeal rights. This paper was presented at LESA’s Rules of Court 2023: Year in Review webinar on October 18, 2023.
  • 62369.01
    Unique ethical considerations arise for wills and estates practitioners working with elderly clients. This paper explores common issues in the estate planning process for aging clients, red flags practitioners should be aware of, and effective strategies to ensure that lawyers meet their ethical obligations. This paper was presented at LESA’s Estate Planning Essentials for Elderly Clients webinar on October 12, 2023.
  • 62370.01
    Legal research is a critical part of the legal profession as it provides the framework for legal advice, and it creates and confirms the advice lawyers give clients. This paper outlines common legal databases, and examines key steps in the legal research process. This paper was presented at LESA’s Legal Research Skills for Internationally Trained Lawyers webinar on October 11, 2023.