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62475.04This paper addresses considerations counsel should be aware of when drafting earn-out provisions and accounting issues that may impact earn-out provisions. It also provides a brief review of recent case law which illustrates the importance of addressing these areas of importance when drafting the agreement. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.
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62475.03A well-drafted restrictive covenant can protect the beneficiary from its counterparty’s use of information and connections, but a poorly drafted restricted covenant can result in unenforceability and uncertainty. This paper explores the background of restrictive covenants, canvasses the types of restrictive covenants common in commercial transactions, and provides guidance from case law to effectively draft restrictive covenants and achieve clear and enforceable provisions. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.
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62475.02This paper explores the two most common types of knowledge qualifiers found in commercial contracts, actual knowledge and constructive knowledge; the differing standards of knowledge qualifiers; sandbagging provisions; survival provisions; and materiality qualifiers. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.
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62475.01Arbitration clauses require careful consideration and cannot be treated as boilerplate provisions. This paper outlines a number of elements that will enable contract drafters to craft robust arbitration clauses, suitable for a variety of transactions – from the relatively simple to complex multi-party or multi-contract situations. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.
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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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62476.01These materials summarize three cases that include comments on the application of condominium bylaws in relation to legal claims, the different obligations that flow to condominium corporations, the type of evidence that is required where unit owners bring claims of improper conduct, and the validity of caveats in the face of limitation periods. This paper was presented at LESA’s Condominium Case Law Update webinar on November 27, 2024.
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62456.12Leaning on decades of experience, the author provides these materials as a source for tips and information about family law arbitrations Topics include: costs in arbitration matters, natural justice, when a deal is (or is not) a deal, corrections and amplification, and dealing with impasses and final offers. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62456.11Topics include: ascertaining the main challenges and issues to be addressed in the arbitration, protecting the process, ensuring a good record, new evidence options, managing party expectations, addressing multiple forum issues, navigating situations with more than two parties, utilizing comprehensive arbitration agreements, amending the arbitration agreement, appeals and grounds of appeal, good faith mediation, limitation periods, and more. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62456.10Civility in litigation matters serves multiple purposes. This paper adds to conversations related to civility in the practice of law and outlines why it is important for lawyers to be mindful of civility in professional and personal interactions, and how civility can be, in fact, a tactical advantage. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62456.09This paper explores suggested guidelines for providing effective legal representation in parenting matters in court and other dispute resolution processes. It addresses the importance of taking a child focused approach when providing legal representation to parents. It also explores the requirement of lawyers to balance their ethical obligation to focus on the best interests of the children with their fiduciary duty to advance the interests of the client. Lastly, it provides a framework on how to undertake a child focused approach in providing effective legal representation to parents. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62456.08Technology can be used for good or bad. This paper explores the impact that technology has on the safety of family law clients and their children. It also considers the importance of advising clients how to safeguard the digital identities of their children and themselves. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
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62456.07Unbundled legal services offer significant advantages for certain and provide flexibility and affordability, empowering clients to better control their spending while tailoring legal support to specific tasks. Unbundled legal services also provide a number of benefits to legal practitioners including access to a large and growing market, a way to differentiate from competing firms, and the possibility of remote work. This paper explores these and other aspects of unbundled legal services. This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.
