BUSINESS LAW FUNDAMENTALS
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1 BUSINESS LAW FUNDAMENTALS Legal Update for : R.W. Ewasiuk QC, Reynolds, Mirth, Richards & Farmer LLP Salvatore N. Amelio, MacPherson Leslie & Tyerman LLP Michael Bates, Ruttan Bates Wendi P. Crowe, Miller Thomson LLP Michael Harris, Dentons Canada LLP Brendon Ho, Miller Thomson LLP Olga Kary, Blake, Cassels & Graydon LLP Marcus Ostrowerka, Blake, Cassels & Graydon LLP Adam Sanderman, EPCOR Utilities Inc. Audrey A. Wakeling, Witten LLP George A. Wowk, Burnet, Duckworth & Palmer LLP Over the years, countless volunteers have donated time, talent, and energy to the review and update of these materials. Without their generous contributions, this resource would not have been possible. For this 2013/2014 edition, we gratefully acknowledge the volunteer efforts of the individuals listed above. We also extend our sincere thanks to Adrienne Novak and Angela Wong for their assistance in the revision of these materials.
2 BUSINESS LAW FUNDAMENTALS Chapter Listing Chapter 1: Forms of Business Organizations Chapter 2: Incorporation Chapter 3: Shares, Share Capitalization and Equity Financing Chapter 4: Directors, Officers and Shareholders Chapter 5: Shareholder Agreements Chapter 6: Shareholder Approval and Dissent Rights Chapter 7: Buying and Selling a Business Chapter 8: Franchises Chapter 9: Extra-Provincial Registrations Chapter 10: Business Practice Concerns Chapter 11: Secured Financing Chapter 12: Fair Trading Act Chapter 13: The Taxation of Corporations Chapter 14: Securities Regulation Chapter 15: Intellectual Property iii
3 CIVIL LITIGATION FUNDAMENTALS Legal Update : We would like to thank Steven T. Robertson and the firm of Bennett Jones LLP for their assistance in preparing the Civil Litigation Fundamentals. Over the years, countless volunteers have donated time, talent, and energy to the review and update of these materials. Without their generous contributions, this resource would not have been possible. For this 2013/2014 edition, we gratefully acknowledge the volunteer efforts of the individuals listed above. We also extend our sincere thanks to Adrienne Novak and Angela Wong for their assistance in the revision of these materials. Also, a special thanks to Karen M. McDougall for her contribution in reviewing and editing these materials.
4 CIVIL LITIGATION FUNDAMENTALS Chapter Listing Chapter 1: Preliminary Matters Chapter 2: The Parties to Litigation Chapter 3: Court Actions Chapter 5: Disclosure of Information Chapter 6: Resolving Issues and Preserving Rights Chapter 7: Resolving Claims Without Full Trial Chapter 8: Trial Chapter 11: Service of Documents USER NOTE As part of our package for lawyers transferring or being reinstated to the Law Society of Alberta, Civil Litigation Fundamentals consists of specific chapters excerpted from the upcoming Alberta Civil Practice Manual, part of the Legal Education Society of Alberta s Practice Manual Series. The Alberta Civil Practice Manual is expected to be published in early For more information, or to purchase the Practice Manual, please visit our website, or contact us at or lesa@lesa.org. iii
5 CRIMINAL LAW FUNDAMENTALS Legal Update for : Brian A. Kiers, Alberta Justice and Solicitor General Crown Prosecutors Office The Youth Criminal Defence Office Over the years, countless volunteers have donated time, talent, and energy to the review and update of these materials. Without their generous contributions, this resource would not have been possible. For this 2013/2014 edition, we gratefully acknowledge the volunteer efforts of the individuals listed above. We also extend our sincere thanks to Adrienne Novak and Angela Wong for their assistance in the revision of these materials.
6 CRIMINAL LAW FUNDAMENTALS Chapter Listing Chapter 1: Introduction Chapter 2: Judicial Interim Release, Powers of Police Arrest and Release, Early Case Resolution, Plea Discussions and Mentally Disordered Offenders Chapter 3: Classification of Offences and Elections Chapter 4: The Preliminary Inquiry Chapter 5: Indictments and Information Chapter 6: Preparing for Trial and Examination of Witnesses Chapter 7: Adult Sentencing Chapter 8: The Youth Criminal Justice Act Chapter 9: Appeals, Review and Extraordinary Remedies iii
7 LEGAL ETHICS Review: Ross G. McLeod QC, Practice Advisor The Law Society of Alberta Nancy Carruthers, Practice Advisor The Law Society of Alberta
8 LEGAL ETHICS LEGAL ETHICS INTRODUCTION TO THE CODE OF CONDUCT 1 Introduction Obligations to the Profession Obligations to the Client Obligations Related to Withdrawal from Representation Obligations Related to Staff Respect for Staff Obligations to Courts and Tribunals The Lawyer as Advocate (Rule 4.01) Other Obligations to Tribunals Applications Without Notice Applications Without Notice in Family Law Obligations to Unrepresented Parties Other Issues Students-at-Law LESA 2013
9 FAMILY LAW FUNDAMENTALS Legal Update for : Sarah King-D Souza QC, Family Law Office Linda L. Long QC, Long Family Law Group Debbie A. Yungwirth QC, Yungwirth Tumbach Susan Zwaenepoel QC, Gordon Zwaenepoel Michelle Bailey, Widdowson Kachur Ostwald Menzies LLP Loreen P. Brenneis, Robinson & Company Jasmine S. Chu, Long Family Law Group Vita O. Houlihan, Alberta Justice Social Enhancement Legal Team Michelle L. Pidhirney, Barr Picard Bruce Russell Reid, Long Family Law Group Rita M. Richardson, Richardson Law Wendy C. Rollins, Frohlich Rollins Frohlich Cindy Turner, Cochard Johnson Over the years, countless volunteers have donated time, talent, and energy to the review and update of these materials. Without their generous contributions, this resource would not have been possible. For this 2013/2014 edition, we gratefully acknowledge the volunteer efforts of the individuals listed above.
10 Chapter Listing FAMILY LAW FUNDAMENTALS Part I Practice Chapter 1: Introduction Chapter 4: Client Relationships Part II Substantive Law Chapter 1: Divorce Chapter 2: Custody, Access, Parenting, and Guardianship Chapter 3: Child Support Chapter 4: Spousal and Partner Support Chapter 5: Property Chapter 11: Family Law Agreements Part III Procedure Chapter 3: Collaborative Law Chapter 5: The Rules of Court USER NOTE As part of our package for lawyers transferring or being reinstated to the Law Society of Alberta, Family Law Fundamentals consists of specific chapters excerpted from the Alberta Family Law Practice Manual, part of the Legal Education Society of Alberta s Practice Manual Series. For more information, or to purchase the Practice Manual, please visit our website, or contact us at or lesa@lesa.org. iii
11 REAL ESTATE FUNDAMENTALS Legal Update for : Susan V. R. Billington QC, The Law Society of Alberta Joshua de Groot, Witten LLP Catherine A. Farnell, Witten LLP Bianca Kratt, Warren Tettensor Amantea LLP Jason S. W. McCulloch, Witten LLP Shaun Partridge, Rogers & Company Joshua I. Selby, Parlee McLaws LLP Salima A. Shivji, Rogers & Company Over the years, countless volunteers have donated time, talent, and energy to the review and update of these materials. Without their generous contributions, this resource would not have been possible. For this 2013/2014 edition, we gratefully acknowledge the volunteer efforts of the individuals listed above. We also extend our sincere thanks to Adrienne Novak and Angela Wong for their assistance in the revision of these materials.
12 REAL ESTATE FUNDAMENTALS Chapter Listing Chapter 2: Offers to Purchase, Options and Rights of First Refusal Chapter 3: Pre-Closing Chapter 4: Closing Chapter 5: Western Law Societies Conveyancing Protocol Chapter 6: Mortgages Chapter 14: Remedies USER S NOTE: As part of our package for lawyers transferring or being reinstated to the Law Society of Alberta, Real Estate Fundamentals consists of specific chapters excerpted from the Alberta Real Estate Practice Manual, part of the Legal Education Society of Alberta s Practice Manual Series. For more information, or to purchase the Practice Manual, please visit our website, or contact us at or lesa@lesa.org. iii
13 WILLS FUNDAMENTALS Legal Update: Anne S. de Villars QC de Villars Jones Edmonton, Alberta For this 2013/2014 edition, we extend our sincere thanks to Adrienne Novak and Angela Wong for their assistance in the review of these materials.
14 WILLS FUNDAMENTALS Chapter Listing Chapter 1: Wills and Succession Act Chapter 2: Planning for Death Lawyer s Role in Preparing the Will Chapter 3: Planning for Death Wills Drafting Chapter 4: Enduring Powers of Attorney Chapter 5: Personal Directives Chapter 6: Adult Guardianship and Trusteeship Act iii
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