Author Archives: Brett Code, Q.C.

About Brett Code, Q.C.

BA (Hons, Queen's), MA (Universite de Rennes), LLB (McGill). Adjunct Professor. Member of the Alberta Bar. At TingleMerrett LLP, Brett is an independent arbitrator, mediator, and senior advisor in dispute resolution, specializing in corporate, commercial, and securities law matters. Brett was called to the bar in Alberta in 1993 and has practiced primarily in the areas of commercial and corporate litigation, including a term at the Alberta Securities Commission as Director. Brett is an Adjunct Professor in the University of Calgary's Faculty of Law, and has taught Advanced Civil Procedure, Business Associations, and Evidence. He was the winner of the Howard Tidswell Memorial Award for Teaching Excellence 2009. In 2011, Brett was elected as a Bencher of the Law Society of Alberta and, in 2012, he was honoured with an appointment as Queen’s Counsel.

R v Porter: Self-incrimination – Judicial Restraint of State Coercion

By: Brett Code, Q.C. PDF Version: R v Porter: Self-incrimination – Judicial Restraint of State Coercion Case Commented On: R v Porter, 2015 ABCA 279 It should not have been necessary, because the applicable law on the matter has been … Continue reading

Posted in Constitutional, Criminal | 2 Comments

Kaddoura v Hanson : The Alberta Rules of Court Regarding Disclosure Work; Delay Tactics Sourced In Old Rule Logic and Old Rule Opinion Do Not

By: Brett Code, Q.C. PDF Version: Kaddoura v Hanson: The Alberta Rules of Court Regarding Disclosure Work; Delay Tactics Sourced In Old Rule Logic and Old Rule Opinion Do Not Case Commented On: Kaddoura v Hanson, 2015 ABCA 154 In … Continue reading

Posted in Civil Procedure | Comments Off on Kaddoura v Hanson : The Alberta Rules of Court Regarding Disclosure Work; Delay Tactics Sourced In Old Rule Logic and Old Rule Opinion Do Not

Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking

Cases Considered: Westra Law Office (Re), 2009 ABQB 391 PDF version: Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking * Brett Code acknowledges the able assistance of John Lawless, a student-at-law at Bennett … Continue reading

Posted in Civil Procedure, Evidence | Comments Off on Solicitor-Client Privilege in Westra and Wyoming – Artificial Linguistic Pigeonholes and the Inappropriate Prioritization of Truth-Seeking

The civil standard of proof confirmed: Always proof on a balance of probabilities but now mindful of the mysterious “inherent” probabilities or improbabilities

Cases Considered: F.H. v. McDougall, 2008 SCC 53 PDF Version:  The civil standard of proof confirmed: Always proof on a balance of probabilities but now mindful of the mysterious “inherent” probabilities or improbabilities * Brett Code acknowledges the able assistance … Continue reading

Posted in Civil Procedure, Supreme Court of Canada | 1 Comment