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Civil litigators deal with a multitude of ethical dilemmas in their day-to-day practice. This paper explores a few common ethical issues litigators may face, including dealing with self-represented litigants, dealing with difficult counsel, dealing with difficult clients, and dealing with experts. This paper was presented at LESA’s Common Ethical Issues in Civil Litigation webinar on October 22, 2024.
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Wrongful death claims are very similar to personal injury claims in terms of how they are litigated. However, as they are largely governed by the Alberta Fatal Accidents Act (FAA), there are a few peculiarities that arise in these cases, of which one should be aware. This paper explores the fundamentals of this legislation and considers recent case law interpreting the FAA. This paper was presented at LESA’s Litigating Fatal Accidents Act Claims: A Primer webinar on September 21, 2023.
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Wrongful death claims are very similar to personal injury claims in terms of how they are litigated. However, as they are largely governed by the Alberta Fatal Accidents Act, there are peculiarities which can arise in these cases. This paper explores five of them.
This paper was presented at LESA’s Wrongful Death Claims: 5 Things to Know webinar on March 17, 2022.
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This paper provides an overview of the basic procedure and process for making an originating application. It discusses what an originating application is, why it is used, where and when it is filed and served, and how it proceeds in court. The second part of the paper reviews the procedure and specific requirements for judicial review, including why it is used and who it involves.
This paper is part of a collection presented at LESA’s Effective Legal Support: Civil Litigation seminar in Calgary on September 12, 2017 and in Edmonton on September 19, 2017.
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This author examines the role of the legal assistant in facilitating the use of the expert witness on a litigation file. Citing the relevant Rules of Court, the author looks at tasks and issues from sending letters of instruction and the proper form of an expert’s report to serving expert reports and arranging for an expert’s attendance at trial.
This paper was presented at the Civil Litigation Procedures for LSS Seminar in February 2014.
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In this paper, the author discusses the impact of the recent decision of Sparrowhawk v Zapoltinsky, 2012 ABQB 34 [Sparrowhawk] on minor injury claims. He suggests that while Sparrowhawk is regarded as a groundbreaking decision for plaintiff’s counsel, it is seen as merely persuasive but non-binding from the perspective of defendant’s counsel. The author also discusses the issue of videotaping certified medical examinations and provides an update on quantum. A must-read resource if you have questions about the minor injury cap.
This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.