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62462.05Mastering the art of chambers applications is one of the most significant challenges that new lawyers face. Between remembering unwritten rules, codified rules, and at times complex protocols, acquiring chambers advocacy skills is essential for cultivating an effective litigation practice and building a reputation as a trusted advocate before the courts. This paper provides an overview of chambers advocacy and address specific topics including the jurisdiction of Applications Judges, types of common chambers applications, applications with and without notice, applications for summary dismissal, and costs in chambers matters. 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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62462.01In an appeal, counsel can often persuade the court mainly through their factum. A well-crafted factum is crucial and can determine the outcome of an appeal. Conversely, a poorly written factum can ruin a case despite excellent oral advocacy. This paper provides practical advice for drafting an effective factum including how to approach drafting and editing, the format and structure, defining issues accurately, standards of review, drafting the argument, and the concluding paragraph. 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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62492.01This paper provides an introductory review of common estate litigation matters, including the preparation of materials and overall file management. It also explores a number of precedents that can be used as you encounter each of these issues. This paper was presented at LESA’s Effective Legal Support: Contentious Estate Matters webinar on March 4, 2025.
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62485.05In insolvency proceedings, the priority among types of creditors determines which creditors get paid and which creditors bear a loss. This paper explores such priorities and addresses the following: assets removed from the proceeding, super-priority claims, priority claims, preferred claims, unsecured claims, and equity and postponed claims. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.04This paper provides an overview of the procedure and law regarding claims that survive bankruptcy under s 178(1) of the Bankruptcy and Insolvency Act and opposition to a bankrupt’s discharge from bankruptcy under sections 172.1 and 173. It also delves into the types of claims that survive bankruptcy, creditor opposition to discharge, tax debt that exceeds 75% of the unsecured debt, and applications for discharge when the trustee has been discharged. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.03Insolvency proceedings, whether pursuant to the Bankruptcy and Insolvency Act (“BIA”), the Companies Creditors’ Arrangement Act (“CCAA”), are intended to bring a fair, organized, and transparent means of addressing a debtor’s insolvency. Essential to insolvency proceedings are claims processes, which are organized statutory or court-ordered processes whereby claims are submitted, reviewed, assessed, and determined. Claims processes are a means of assessing and valuing claims efficiently and fairly without the need of each claimant having to seek judgment against the debtor. This paper explores the common claims processes and contemplates factors to consider when preparing proofs of claim. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.02The Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act contain mechanisms to protect debtors from the enforcement of claims by creditors. This paper provides an overview of creditor protection provisions of the two statutes and explores basic stay provisions, extension provisions, and exceptions to stay provisions. In addition, it delves into reviewable transactions, such as transfers at undervalue, fraudulent conveyances, and fraudulent preferences. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62485.01These materials explore the two central pillars in Canada’s insolvency regime: Bankruptcy and Insolvency Act Proposals (Division I) and Companies’ Creditors Arrangement Act proceedings. In addition to providing an overview of these statutory mechanisms, the materials also examine debtor eligibility, procedural considerations, proposal implementation, and other requirements under each statute. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.
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62488.01This paper explores intergenerational rollover and capital gains deduction provisions for qualified farm property, reviews the rules for personally owned property and shares of a farm corporation, and reviews the rules for interest in a family farm partnership. It also explores certain rules for an intergenerational sale of a farm corporation by a parent to a corporation owned by children. This paper was presented at LESA’s Sowing Success: Tax Insights for Farmland Sales and Transfers webinar on February 19, 2025.
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OC-62491From agriculture financing to GST, buying and selling rural property comes with unique challenges. Using an example rural real estate transaction, explore key legal considerations to help lawyers navigate these transactions with confidence. This on-demand program was originally broadcasted as a live webinar on March 19, 2025. Total running time is 57 minutes.
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OC-62486Explore topics including the Alberta Rules of Court applicable to civil contempt proceedings, the procedure for civil contempt proceedings and potential pitfalls to avoid, and the scope of sanctions for contemnors and the possibility for enhanced or punitive costs. This on-demand program was originally broadcasted as a live webinar on March 17, 2025. Total running time is 1 hour, 12 minutes.
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OC-PF-CBRCivility is an essential part of legal practice. You are obligated to be courteous and civil with all whom you have dealings with in the course of your practice, even when others are not acting civilly towards you. This course discusses how to practice civility and build collaborative relationships with opposing counsel. It will take approximately one hour to complete.
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