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  • 62395.01

    A Year in Review: Judicial Treatment of the New Trustee Act

    $35.00
    On 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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  • OC-62395

    A Year in Review: Judicial Treatment of the New Trustee Act (On-Demand)

    $95.00 – $445.00
    On February 1, 2023, a new version of Alberta’s Trustee Act came into force. This presentation 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 on-demand program was originally broadcasted as a live webinar on March 12, 2024. Total running time is 43 minutes.
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  • 61968.03

    Aboriginal and Language Rights

    $45.00
    Constitutional Obligation of Alberta to Publish Laws in French 
    Author: Margaret Unsworth QC
     
    This paper discusses the case of Gilles Caron and Pierre Boutet (Caron), recently argued at the Supreme Court of Canada. The paper provides an overview of the arguments advanced in the case on the central issue of whether there is a constitutional obligation on the Province of Alberta to publish its laws in French. Note that the case was argued on February 13, 2015 and the SCC reserved their decision on this issue.
    Daniels v Canada: Supreme Court to end 150 Years of Political Football?
    Author: Keltie Lambert 
     
    This paper provides a summary of the Daniels v Canada case, which centres on the fundamental question of whether the term “Indians” as used in the Constitution Act, 1867 includes Metis and Non-status Indians. 
    These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.
    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
    Click here to view some sample pages.
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  • 61892.04b

    Aboriginal Consultation and the Energy Resource Development Process in Alberta

    $65.00
    This paper discusses the conflux between resources development in Alberta and aboriginal consultation. In it, the author focuses on: aboriginal and Metis rights and current consultation law and policy; the legal and policy context of the resource development process; and recent and upcoming changes to aboriginal consultation. This paper was presented at the Constitutional Symposium held in October 2013.  
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  • 61849.03

    Aboriginal Rights

    $65.00
    Consultation Update: Emerging & Persistent Issues Using Haida Nation v British Columbia’s vision of the duty to consult as existing along-side the negotiation process (aiming at a more fulsome settlement of aboriginal rights claims), this paper first provides an overview of the duty to consult and the state of the law. The author then considers the particular issues of the role of tribunals, agencies, and the identification of parties to a consultation. In conclusion, the author discusses the theme of reconciliation that continues to evolve around the duty to consult. Section 35(1) of the Constitution Act, 1982, the Duty to Consult, and the Government of Alberta’s First Nations Consultation Policy This paper argues that Alberta’s approach to First Nation consultation falls short of fulfilling the province’s constitutional obligation in this regard, but the development and management of public lands and resources appears to operate smoothly and efficiently, without any serious legal challenges or significant delays in this process. After a thorough summary of the current state of Canadian law regarding consultation and accommodation as well as Alberta’s policy and procedures, this paper evaluates Alberta’s policy and practices in light of the state of the law, the current operation of land and resource dispositions, and regulatory processes. Finally, this paper addresses the question of whether the conceptual failings of Alberta’s approach regarding consultation and accommodation should be a matter of serious concern given the absence of significant practical problems in the regulatory system. These papers were presented at the Constitutional Law Symposium in September 2012.  
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  • 62075.05

    Access

    $65.00
    This paper examines access issues, and in particular, focuses on more contentious issues where parties are seeking to limit and put conditions on access. Topics discussed include supervised access, access after adoption, supervised access exchanges, access and extra-curricular activities, long distance access, overnight access and breastfeeding infants, and access termination. This paper is part of a collection presented at LESA’s Custody and Access 2018 program in Edmonton on March 6, 2018 and in Calgary on March 13, 2018.
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  • 61972.07

    Access Granted – Rule 7.3 Applications in Alberta

    $35.00
    This paper discusses the effect of the recent Supreme Court of Canada case of Hryniak v Mauldin, which revamped the test for summary judgment in Alberta. The authors provides a detailed analysis of how the case, which interprets an Ontario procedural rule, has been interpreted and applied by the Alberta courts.
    This paper is part of a collection presented at LESA’s Law and Practice Update in November, 2015.
     
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  • 62083.01

    Access to Justice for Corporate Litigants: Embracing Change – Procedural and Technological Innovation in the Court and in Arbitral Institutions

    $65.00
    This paper focuses on best practices for managing commercial litigation and arbitration in order to achieve a fair, timely, and cost-effective process. It discusses strategies to maximize technology in resolving disputes, such as technology assisted review, e-filing, paperless hearings, remote appearances, and more. It also discusses case management, including the markers of effective case management and the one judge model. This paper is part of a collection presented at LESA’s 51st Annual Refresher: Business program in Lake Louise from May 6–8, 2018.  
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  • OC-62371-02

    Accessing Child Welfare Files: Disclosure Requests (On-Demand)

    $95.00 – $445.00
    This on-demand program explores the practical steps on how to access a file from Child and Family Services, including making a request pursuant to section 126(1) or an application pursuant to section 126.11 of the Child, Youth, and Family Enhancement Act. This on-demand program was originally presented on January 19, 2024 as part of our Child Protection Issues in Family Law Matters program.  Total running time is 52 minutes.
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  • OC-62023-05

    Accounting – The Personal Representatives’s Duty (On-Demand)

    $95.00 – $445.00
    In this presentation, Jason Sweeney discusses the personal representative's duty to account, forms of accounts, types of accounting, and what must be proven. This on-demand program was originally presented as an in-person program in November 2016.
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  • 61918.04

    Accounting and Tax for Agriculture – How to get the Best Bang for Your Buck!

    $65.00
    This author provides insight into common accounting and tax principles that lawyers, acting as business advisors to agricultural operations, often apply to proactive planning. Some of the topics covered include drought deferral, restricted farm losses, tax planning opportunities, and death of a tax payer. Precedents attached. This paper was presented at the Family Farm Issues program in May 2014.
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  • OC-62035-02

    Accounting Applications (On-Demand)

    $95.00 – $445.00
    In this presentation, Malkit Atwal outlines common accounting applications in estate litigation such as attorney's obligations, when accounting is required, remedies, procedural issues, forms of accounting, personal representative compensation, and common disputes.
    This on-demand program was originally presented as an in-person program in April 2017.
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