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61996.02Advising clients buying new condominiums in Alberta requires knowledge of current legislative schemes and their practical effects. This paper identifies those key legislative schemes and highlights un-proclaimed amendments. There is particular focus on how changes to the Condominium Property Act, RSA 2000, c C-22 may affect the condominium warranty program. In addition, there are practice points that indicate how changes to the condominium warranty program may affect clients and how to best advise your clients. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 – 26, 2016.
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61923.01This paper provides an in-depth discussion of four basic concepts related to preparing for and appearing at your first trial: how to develop a theory and theme for your case, the basic evidentiary principles that apply when proving your case, the order of events at trial, and proper courtroom etiquette. This paper was presented at the Running Your First Trial program held in January and February 2015.
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62143.01This paper informs paralegals about changes to the Family Property Act and the Divorce Act, aiming to equip paralegals with the knowledge needed to provide enhanced service to clients and practical assistance to lawyers in light of legislative changes. The paper is meant to introduce the changes that will most affect practices on a day-to-day basis. Topics address terminology changes, definitions, relationship interdependence, property exemptions, client duties and obligations, best interests of the child, parenting orders, contact orders, and relocation.
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62456.05This paper explores how Alberta courts have treated the law of evidence in family law matters. It examines general rules of admissibility, affidavits, exhibits. letters, wiretapping and recording, electronic evidence, evidence from other actions, hearsay, judicial notice, business records, credibility, privilege and confidentiality, lawyers as witnesses, children’s evidence, expert opinions, new evidence and fresh evidence, onuses, and publication and broadcast bans. It also considers evidence issues in the arbitration context. Lastly, the paper includes a helpful checklist and a disclosure and evidence handbook for legal support staff. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62382.01This guide bridges the gap between the Alberta Law Reform Institute’s Report on Personal Property Security Law and the new legislative provisions in force as of June 1, 2024. It also includes commentary that summarizes the changes to the PPSA brought about by the amendment. This paper is part of a collection presented at LESA’s PPSA Update in Edmonton on June 5, 2024 and was also presented at LESA’s Corporate/Commercial Refresher: Transactions and Litigation program in Lake Louise from May 2–5, 2024.
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62215.03This paper examines key provisions of the Family Property Act and explains important concepts. Topics canvassed include the application of the act to common law couples, date of separation, limitation periods, valuation date, exemptions, exclusive possession of the family home, pensions, existing and future agreements, and Court forms. This paper was presented at LESA’s Family Property Act for Legal Support Staff webinar on April 22, 2021.
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61824.03The issue of child support for adult children pursuing a post-secondary education is a complicated, fact-driven analysis. This paper provides an overview of key tests and relevant decisions touching on this issue. This paper was drawn from materials presented at the Child Support Fundamentals seminar held in February 2012.
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61989.03This paper digests 10 of the most frequently cited judicial decisions on child support rendered by courts of appeal in Canada in the past 3 years. The decisions address aspects of the Federal Child Support Guidelines, SOR/97-175 [Guidelines], that tend to be most prone to litigation, including imputing income (ss 18–19), support for adult children (s 3), special expenses (s 7), and averaging income (s 17). Other provisions highlighted in the cases include retroactive support orders, incomes in excess of $150,000, and shared custody. In addition, a summary discussion of some of the key Guidelines-related issues is also provided.This paper is part of a collection presented at LESA’s Family Law 25 program in Edmonton on March 3, 2016 and in Calgary on March 8, 2016.
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62484.04This paper explores vendor protection considerations that are often overlooked, or if they are considered, they may be insufficiently done so. Topics addressed include: helping clients manage their expectations, earn outs, liability of limited partners in other jurisdictions, securing unpaid dividends and redemption amounts, vendor take back arrangements, entire agreement clauses, releasing directors, T4 tax slips, wire transfers, paying out encumbrances, differing time zones, ownership of emails and privileged communications, association/loss of CCPC status, fraud, warranty expirations, widow/widower clauses, indemnity limitations, minute books, non-competition agreements or clauses, and more. These materials are part of a collection presented at LESA’s Legal Strategies in Mergers & Acquisitions program in Edmonton on April 29, 2025.
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61911.01This paper provides a practical guide to bringing claims for unjust enrichment and constructive trust as a result of common-law relationships. Topics covered include: status to bring a claim, practical advice on bringing the claim and other procedural issues involving things like notices to admit facts, affidavits of records and questioning. A helpful Plaintiff’s Check List and Trial Preparation Check List are attached. This paper was presented at LESA's Constructive Trust Claims program held in January, 2014.
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62212.06This paper provides a brief overview of oppression claims and derivative actions pursuant to Part 19 of the Business Corporations Act. It also contains practical information on how to determine whether there is a potential claim, the selection of the appropriate commencement document, the procedure to launch an action, other important considerations, and how to avoid oppression claims and derivative actions in the first place. This paper was presented at LESA’s Civil Litigation Series webinar on March 17, 2021.
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61826.01This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. Read this paper for a review of search principles, privacy principles, Criminal Code sections, and Charter considerations relevant to search warrants.
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