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62462.04This handy reference guide provides a quick summary of key evidence considerations including relevance, materiality, authentication of documents, the best evidence rule, exclusionary rules, privilege, hearsay, prior consistent statement, prior inconsistent statement, exceptions to hearsay, the opinion evidence rule, similar fact evidence, the collateral fact rule, character evidence, the rule in Browne v Dunn, general exclusionary discretion, and judicial notice. These materials are part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
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62462.02For clients, success in chambers applications may enhance their chances of success at trial or even eliminate the need to go to trial. For lawyers, success in chambers requires meticulous preparation and adaptability. This paper provides tips to help practitioners understand the art and skill of chambers advocacy. 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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62462.07Administrative law reflects the balance between the rule of law and the authority of parliament and legislatures to establish agencies and to endow them with broad powers. Good advocacy is as important in administrative law as in civil or criminal litigation. However, there are important differences and areas worth emphasizing that are unique to administrative proceedings. This paper considers the key principles of: statutory interpretation, advocacy in the context of adjudicative decision makers, advocacy for judicial review, and advocacy for appeals to court from administrative tribunals. 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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62462.06Litigation is rarely a linear process. On the path between pleadings, discovery production, questioning, and trial, there are usually many procedural issues that pop up along the way. This paper provides a list of issues to consider when dealing with interlocutory applications in chambers. 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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62462.05Mastering 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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