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61986.02This paper discusses delays in access to counsel, contrary to the s 10 Charter right to timely contact with a lawyer, during the search warrant process. The boundaries of the “exceptional circumstances” justifying delayed access to counsel are reviewed in consideration of the case law, which include the prevention of imminent harm to police or public, preservation against imminent loss of evidence, and real and present danger of jeopardizing an ongoing investigation. In addition, detailed tables summarizing case law relevant to each exceptional circumstance are included in the appendices.This paper is part of a collection presented at LESA’s Search Warrants program in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
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61832.01This article provides a useful overview of the workers’ compensation review and appeal systems. First, it reviews the principles on which the WCB system is founded. Then it discusses the various decision review structures, including judicial review and judicial appeals. Finally, it concludes by identifying and answering a comprehensive list of frequently asked questions about the WCB system. This is a must read article for any practitioner considering doing work in the area of WCB claims or any experienced practitioner who wants to fill possible gaps in knowledge. This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals program in April 2012.
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61978.03Dealing with farm income can be a detailed process, but it doesn’t need to be a daunting one. The authors of this paper provide helpful considerations when confronted with a file that requires a determination of farm income. A brief background of farming corporations, sole proprietorship farms, and hobby farms is provided, and revenue sources and levels of income are discussed. Additionally, the authors review expenses, deductions, and adjustments applicable to farm income. A sample T1 General Return, Statement of Farming Activities for Individuals, and Farming Calculation of Capital Cost Allowance are included.. This paper is part of a collection presented at LESA’s Reading Tax Returns and Corporate Financial Statements program in Edmonton on December 1, 2015 and in Calgary on December 8, 2015.
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62213.04This paper offers a comparative survey of the condominium tribunals in place in British Columbia, Ontario, and Nova Scotia. It was drafted in contemplation of the Alberta Government’s intention to create a condominium tribunal in the province. This paper was presented at LESA’s Condominium Law Update webinar on March 15, 2022.
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62035.04This paper discusses some of the evidentiary rules and presumptions that apply to estate litigation. It also discusses sources of evidence that may be adduced to support a litigant’s arguments. In particular, it provides an overview of the law of evidence under the Alberta Evidence Act and Alberta jurisprudence. As well, evidentiary issues regarding testamentary capacity, undue influence, and interpretation and rectification of wills are also discussed. In addition, important evidentiary presumptions are highlighted, such as the presumption of advancement and the presumption of resulting trust. This paper is part of a collection presented at LESA’s Estate Litigation Fundamentals program held in Edmonton on April 5, 2017 and in Calgary on April 12, 2017.
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62034.01This paper provides a review of non-compensatory spousal support, with a particular focus on the impact of illness and disability on spousal support in Alberta. It provides an overview of the statutory framework for spousal support, the Spousal Support Advisory Guidelines, and leading decisions from the Supreme Court of Canada. It also discusses what qualifies as an illness or disability and what evidence is required to substantiate an illness or disability. In addition, considerations for spousal support orders, such as permanence and payment frequency, are discussed. This paper is part of a collection presented at LESA’s Child and Spousal Support 2017 program held in Edmonton on April 4, 2017 and in Calgary on April 11, 2017.
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61899.04Through the circumstances of two fictitious sisters and one husband, the author presents a legal brief on the interaction between entitlement to spousal support and the division of matrimonial assets on marriage breakdown. The brief itself provides an overview of the current law in this area. This paper was presented at the Matrimonial Property Issues program in November 2013.
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61849.02bThis paper grounds its argument in the new requirement born from Reference re Assisted Human Reproduction Act, which regulates Parliament’s power to enact criminal law with respect to health matters. The author argues that this new requirement provides a useful demarcation between federal and provincial interests in health, and, at a minimum, marks a move towards finding a principled solution to federalism disputes over health regulation. This paper was presented at the Constitutional Law Symposium in September 2012.
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62147.02This paper discusses both evaluative mediation and interest based mediation. It also explores how a lawyer’s role in mediation differs from that in litigation, requiring a shift in attitude from an adversarial approach to a mutual problem solving approach. The paper discusses how to prepare for mediation and draft a mediation brief; it also provides practical tools, including a mediation plan template and a sample issues/interests worksheet. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
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61827.03While injunctions have long been part of the judicial arsenal, in more recent years several new forms of injunctions have been developed by the Courts. This paper reviews injunctions as an equitable remedy, highlighting Mareva injunctions, Mills Injunctions, s. 17 of the Civil Enforcement Act, and preservation orders. Also learn about other extraordinary remedies – such as Norwich Orders and Anton Piller Orders – that have developed in conjunction with injunctive relief. This paper was drawn from materials presented at the Common Chambers’ Applications seminar held in February 2012.
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62395.01On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This paper discusses the amendments to the Trustee Act, recent amendments to the Estate Administration Act and the Adult Guardianship and Trusteeship Regulation, and judicial involvement. This paper was presented at LESA’s A Year in Review: Judicial Treatment of the New Trustee Act webinar on March 12, 2024.
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