Areas of Law
Areas of Law
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  • 62213.04
    This 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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  • OC-62213-6
    Price range: $95.00 through $445.00
    Examine appropriate forums in Alberta where a number of condominium disputes can be heard. Specifically, look at what issues the Provincial Court may hear and which disputes need to go to the Court of Queen's Bench. This on-demand program originally broadcast on March 15, 2022, as part of our Condominium Law Update webinar. Total running time is 33 minutes, with an additional 52 minute faculty Q&A.
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  • OC-62082-02
    Price range: $95.00 through $445.00
    In this presentation, Louise Novinger Grant discusses exclusion clauses, limitation clauses, and sole remedy provisions, including their applicability and enforceability. She highlights key cases interpreting these clauses, and provides tips for drafting such provisions. This on-demand program was originally presented as an in-person program in May 2018.
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  • 62035.04
    This 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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  • 62034.01
    This 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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  • OC-62248-12
    Price range: $95.00 through $445.00
    Consider the interplay between spousal support and a claim for maintenance and support under the Wills and Successions Act. This on-demand program was originally presented as an in-person session on May 2, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 1 hour, 16 minutes.
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  • 61899.04
    Through 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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  • 62225.04
    This paper is complimentary.
  • 61849.02b
    This 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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  • 62147.02
    This 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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  • 61827.03
    While 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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  • OC-62087-01
    Price range: $95.00 through $445.00
    In this presentation, Justice Antonio discusses the framework for search and seizure law, including s 8 of the Charter, and provides advocacy tips for making search-related arguments before the court. This on-demand program was originally presented as an in-person program in June 2018.
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