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62289.02Being on the board of directors of a corporation that is facing insolvency can be a stressful and challenging experience. Directors will have concerns as to the scope of their personal liability and how their duties and obligations may change. This paper provides a high-level discussion on the legal duties of directors prior to and leading up to an insolvency. This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Essentials program in Edmonton on March 15, 2023.
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62028.01This paper discusses the standard of care required of solicitors preparing wills, including inquiring about capacity, receiving instructions, confirming information, and ensuring proper execution of the will. It also discusses liability for failure to meet the standard of care in will preparation. Additionally, tips for properly discharging one’s duties as a wills solicitor are provided. This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.
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62056.04This paper explores ideas for creating co-operation and continuity in a legal office to strengthen operations and workplace satisfaction. Topics discussed include sharing information, managing files efficiently, and interacting with clients and self-represented litigants. A number of precedent forms are included with the paper as additional resources, including a sample retainer letter, client intake sheet, client guide to questioning, triage cold call sheet, trial checklist, sample emails, and many others. This paper is part of a collection presented at LESA’s Effective Legal Support: Family Law program in Calgary on October 3, 2017 and in Edmonton on October 12, 2017.
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62203.01This paper examines the differences between Rule 4.31 and Rule 4.33 and considers the legal tests that parties must meet when making an application to dismiss a claim. This paper was presented at LESA’s Rules of Court 2020 webinar on November 4 & 5, 2020.
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61963.02This paper highlights the key elements of an estate accounting, the different types of accounting (formal, informal, and an application for leave to dispense with passing) and the information that must be included in them. The author also briefly reviews the relevant provisions of the Powers of Attorney Act related to an attorney’s duty to account, and the consequences for the PR that fails to properly account. The attached schedules include a sample estate accounting and sample formal application documents.This paper is part of a collection presented at LESA’s Estate Accounting program in September/October, 2015.
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62466.01The most significant revision to the Rules of Court in recent years arrived in 2024 with the introduction of streamlined trials and the repeal of the summary trial framework. This paper provides an overview of various ways that the courts, counsel, and litigants have interpreted the Alberta Rules of Court. Significant cases and interesting points of civil procedure are examined, including the streamlined trial procedure; summary judgment; dismissal for delay; disclosure and affidavits of records; and questioning and cross-examination. This paper was presented at LESA’s Rules of Court 2024: Year in Review webinar on December 10, 2024.
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61814.08This paper was drawn from materials presented at The Rules of Court Interpreted program in November 2011. The paper deals with Court decisions and rules amendments on Parts 2 (Parties) and 8 (Trial) of the Rules of Court. It contains more than a dozen relevant case references helpful to understanding these critical parts.
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61814.04This paper was drawn from materials presented at The Rules of Court Interpreted program in November 2011. It discusses the changes made to former Rules 129, 159 and 162, and how new Rules 3.68, 7.2, and 7.3 have been interpreted by the Court. It contains references to more than a dozen cases relevant to this area.
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61814.00This collection of papers was drawn from materials presented at The Rules of Court Interpreted program in November 2011. It includes:
- an 11-page update on Discovery, Questioning and Disclosure of Information by D.W. McGrath Q.C., D. N. E. de Vere, and Michael O’Brien;
- a 10-page article on Costs, Experts, and Formal Offers of Settlement by K. P. Feehan Q.C. and K. A. Salmon;
- a 7-page case law summary on Appeals from Masters, the “Drop Dead” Rule, and Discontinuance by P. R. Mack Q.C.. Vivian R. Stevenson Q.C., and Anthony Burden; and
- a 10-page exploration of the judicial interpretation of Part 4 of the Rules (Managing Litigation) and Rule 7.1 (severance) by L. A. Goldbach, Barbara J. Stratton, and Laura Inglis Chubb.
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62228.01Presented in the style of short snappers, this paper provides an overview of significant case law that interprets the Alberta Rules of Court on interesting points of law during the ‘COVID-19 years’ (2020-2021). Themes addressed include limitation periods, varying and setting aside orders, dismissal for delay, summary judgment post-Hannam, expert reports, remote questioning, and affidavits of records. This paper was presented at LESA’s Rules of Court Year in Review: What Litigators Need to Know webinar on September 14, 2021.
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62362.01As the courts and practitioners continue to adapt to the new realities of litigation, so too have the interpretation and application of the Alberta Rules of Court. This paper provides an overview of significant case law that has interpreted the Rules of Court on interesting points of law since September 2022. Topics addressed include limitation periods, summary judgement, amendments to pleadings, dismissal for delay, expert reports, costs, time for service of statement of claim, vexatious litigants, and appeal rights. This paper was presented at LESA’s Rules of Court 2023: Year in Review webinar on October 18, 2023.
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62108.04This paper examines the consequences of failed or ineffective testamentary dispositions under ss 21, 32, and 33 of the Wills and Succession Act. It considers the circumstances in which a gift is considered void or ineffective, and analyzes the hierarchical rules of lapse that determine the priority of alternative beneficiaries in the event of a failed gift. A summary of potential alternate recipients of a failed gift is provided. This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.
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