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Category Archives: Civil Procedure
Not Your Usual Self-Represented Litigant?
Case considered: Conway v. Zinkhofer, 2009 ABQB 417 PDF version: Not Your Usual Self-Represented Litigant? The perception within the justice system is that self-represented litigants have below average literacy and comprehension levels: see the Alberta Self-Represented Litigants Mapping Project, Final … Continue reading
Posted in Civil Procedure
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A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act
Cases Considered: J.S. v. D.J.K., 2009 ABQB 426. PDV Version: A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act Justice Donald Lee is a prolific author of judgments posted to the Alberta Courts website, and one of … Continue reading
Posted in Civil Procedure, Evidence, Family, State Responses to Violence
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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
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The Spectre of Personal Liability for Guardians of Dependant Adults
Cases Considered: Smorag v. Nadeau, 2008 ABQB 714 PDF Version: The Spectre of Personal Liability for Guardians of Dependant Adults The decision in Smorag v. Nadeau is noteworthy because the Workers’ Compensation Board (WCB) argued that the defendant was personally … Continue reading
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Investors should be cautious about investing in viatical settlements
Cases considered: Stack v. Hildebrand, 2008 ABQB 668. PDF Version: Investors should be cautious about investing in viatical settlements As a result of the credit crunch, investors have become wary of risky investments. In its 2006 study, the BC Law … Continue reading
Posted in Civil Procedure
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