Areas of Law
Areas of Law
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  • 61838.07
    This paper reviews the terms of the Alberta SEF 44 and the impact of 3 recent and contradictory Court of Appeal decisions from PEI, Nova Scotia, and New Brunswick. While none of these decisions is binding, the author notes that their impact in Alberta will be largely determined by the interpretation of the SCC decision in Somersall v. Friedman. The author concludes that the New Brunswick decision is inconsistent with the SCC characterization of the SEF 44 policy as “indemnity” coverage which should be interpreted in a way to avoid double recovery to the injured claimant. For this reason speculates that Alberta will not rely on the NBCA case, and will instead rely more so on the PEI and NS cases. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.
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  • 62458.03
    Franchise relationships can come to an end in a variety of ways, including expiry, non-renewal, and termination by the franchisor or the franchisee. The statutory and common law duties of fair dealing and good faith are often raised in court or arbitration when franchise relationships dissolve. This paper discusses general principles and recent Canadian decisions involving franchise terminations and renewals, including cases where injunctive relief was sought. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
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  • 62148.01
    This paper examines 6 major categories of deadlines that civil litigation lawyers typically deal with and discusses various aspects of the process for assessing, diarizing, and entering limitations. The 6 categories discussed are commencing proceedings, serving a claim, responding to claims and amending pleadings, third party claims, affidavits of records, and advancement of actions (such as inexcusable or inordinate delays and the drop-dead rule).  
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  • OC-62148.01
    Examine six major categories of deadlines that civil litigation lawyers typically deal with and discuss various aspects of the process for assessing, diarizing, and entering limitations. This on-demand program was originally presented as an in-person program in February, 2020. Total running time is 1 hour, 13 minutes.
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  • 61838.03
    This paper provides a comprehensive overview of the law of causation, including a review of the case law beginning with the House of the Lords and concluding with the Supreme Court of Canada trilogy of Snell v. Farrell, Athey v. Leonati, and Hanke v. Resurfice. The author then considers the application of the SCC articulated principles in recent Alberta and B.C. cases and draws conclusions about the state of the law. This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.
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  • OC-62239-1
    Price range: $95.00 through $445.00
    Explore the historical and international applications of third party litigation funding, and dive into Canadian case law, the legal concepts of champerty and maintenance, regulatory issues, and ethical considerations. This on-demand program originally broadcast on January 21, 2022, as part of our Third Party Litigation: Identifying Opportunities and Challenges webinar. Total running time is 1 hour, 6 minutes.
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  • 62462.02
    For clients, success in chambers applications may enhance their chances of success at trial or even eliminate the need to go to trial. For lawyers, success in chambers requires meticulous preparation and adaptability. This paper provides tips to help practitioners understand the art and skill of chambers advocacy. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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  • 62467.03
    Focusing on the steps traditionally taken by the legal assistant, this paper outlines the major steps to prepare an application in morning chambers as well as via a special application. It also provides strategies, recommendations, and best practices for each major step. This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.
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  • OC-62467-3
    Price range: $95.00 through $445.00
    Focusing on the steps traditionally taken by the legal assistant, explore the major steps to prepare an application in morning chambers as well as via a special application. Review strategies, recommendations, and best practices for each major step. This on-demand program was originally presented as an in-person program titled Civil Procedure for Legal Support Staff on November 22, 2024.  Total running time is 50 minutes.
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  • OC-62220
    Price range: $325.00 through $1,495.00
    Effective August 29, 2022 the Builders’ Lien Act became the Prompt Payment and Construction Lien Act. This on-demand program was originally presented as an in-person program on October 5, 2022 as part of our Builders’ Liens program. The total running time for the entire on-demand program is approximately 4 hours, 20 minutes. The Total running time for each individual presentation is approximately 1 hour, 30 minutes.
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  • 62334.01
    Having effective file management for civil litigation matters increases the efficiency on files and can make practicing in the area more enjoyable. The first part of this paper provides strategies and advice on file management and relationship management for civil litigation matters. The second part examines the use of the Rules of Court, and how the foundational principles of proportionality and fairness should be applied in the management of civil litigation matters. This paper was presented at LESA’s Practice Foundations: Civil Litigation File Strategy webinar on June 20, 2023.
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  • 61858.04
    In this paper, the author provides a brief refresher for lawyers practicing civil litigation in Alberta. The author discusses the new conflicts rules in the Code of Conduct, the drop dead rule, booking a trial, and court assistance in litigation. The paper concludes with a number of practical litigation tips. This paper was presented at the Law and Practice Update program in November 2012.  
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