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Alexsei provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.


What is the appeal period for appealing a judgment or order?


Ontario, Canada

Can a party continue to live together in a marriage-like relationship?


British Columbia, Canada

In what circumstances will a bank and its solicitor agree to accept and accept an offer of credit?


Saskatchewan, Canada

What is the test for establishing causation in a motor vehicle accident?


Alberta, Canada

How has consent been vitiated in a motor vehicle case?


Alberta, Canada

Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial?


British Columbia, Canada

What is the test for a letter carrier who is unable to carry a load of letters?


British Columbia, Canada

What is a driver’s obligation to avoid hitting a pedestrian?


British Columbia, Canada

What is the test for an award for loss of future earning capacity?


British Columbia, Canada

In what circumstances will the Court of Appeal rule apply to a trust?


British Columbia, Canada

What constitutes a "willful false statement" by a person in the context of an insurance claim?


British Columbia, Canada

Is there any case similar to this one?


Ontario, Canada

Is striking out a claim in common law?


Ontario, Canada

Does a debtor have a contingent liability for costs?


Ontario, Canada

Is there any evidence that a tongue stud and possible alcohol residue would cause false readings on the intoxilyzer?


Saskatchewan, Canada

What is the test for establishing a constructive trust between a contribution and the property?


British Columbia, Canada

Is equitable set-off available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment?


Saskatchewan, Canada

What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident?


British Columbia, Canada

Is a defendant's criminal record admissible in a criminal case?


Ontario, Canada

What is the effect of a medical malpractice case on the cost of production?


British Columbia, Canada

What is the test for consent in the context of s. 4(3)(b) of the Criminal Code?


Manitoba, Canada

Does the fact that the parties had two separate residences from 2002 to 2005 preclude a finding that they were in a marriage-like relationship?


British Columbia, Canada

What is the test for aggravated damages?


British Columbia, Canada

Is there a case by case approach and continuing surveillance of financial affairs by the courts?


Canada (Federal), Canada

What is the test for a fiduciary relationship?


Ontario, Canada

What is the test for establishing an actual residence for 10 months of that 10-month period under the Divorce Act?


Manitoba, Canada

What is the impact of s. 285(1) of the Criminal Code on the jurisdiction of an extradition hearing?


Canada (Federal), Canada

What are the fees charged by experts?


British Columbia, Canada

What considerations will the court consider when determining whether double costs are appropriate?


British Columbia, Canada

Does section 11 of the Charter apply to extradition proceedings?


British Columbia, Canada

What is the range of aggravated damages for defamation?


Saskatchewan, Canada

What is the test for a plaintiff to claim special damages for medical malpractice?


British Columbia, Canada

What is the test for determining an appearance of a conflict of interest?


Ontario, Canada

Can a contract be used as a juristic reason for enrichment?


British Columbia, Canada

What is the test for an award in a personal injury case?


British Columbia, Canada

Can a litigant's ongoing medical problems excuse some delay in the hearing of the application?


Manitoba, Canada

What is the legal test for a pension plan where both the employer and the employee contribute as a sole contributor to the pension plan?


Canada (Federal), Canada

What is the test for aggravated damages?


British Columbia, Canada

Can a statutory building scheme be modified or removed from a property?


British Columbia, Canada

What is the effect of a stroke on cognitive function and cognitive function?


British Columbia, Canada

What is the test for proving a special expense?


Ontario, Canada

What is the defence of the truth in a defamation case?


Nova Scotia, Canada

What is the test for an apparent consent to sexual touching?


Ontario, Canada

Does the failure of the claimant to disclose when the October Order was served on the Respondent is a cause for concern?


British Columbia, Canada

What is the effect of freezing the estate of a deceased with respect to a dispute between two parties?


Manitoba, Canada

Does the Court of Appeal have any authority or authority to hold an oral hearing?


British Columbia, Canada

What is the test for having to have an oral hearing at the BC Human Rights Tribunal?


British Columbia, Canada

What is the test for partitioning a tenancy in common of land and fishing privileges?


New Brunswick, Canada

In what circumstances will a sub-rule (14) and (26) of Rule 27 of the Rules of Civil Procedure be engaged?


British Columbia, Canada

Does any amount awarded to replace sick leave credits constitute double compensation?


British Columbia, Canada

Is there any case law or case law that would allow for a "mini trial" to supplement the record?


New Brunswick, Canada

What is the test for determining whether a plaintiff’s injuries are divisible or indivisible?


British Columbia, Canada

Can an ex parte motion vary a support order granted by a court in another jurisdiction?


Alberta, Canada

What are the consequences of a family property division and valuation?


British Columbia, Canada

How much time has a party spent reviewing a document?


British Columbia, Canada

What is the test for valid marriage under s. 31 of the Marriage Act?


Ontario, Canada

Can a municipality be held liable for negligence or breach of a by-law where a heifer was running at large contrary to the by-laws of the municipality?


Saskatchewan, Canada

Is a plaintiff entitled to damages for loss of future earning capacity?


British Columbia, Canada

What is the test for the presumption of prejudice?


British Columbia, Canada

Is there a private cause of action for breaches of the prohibition against torture?


British Columbia, Canada

Does a witness have a duty to keep a lookout?


Saskatchewan, Canada

What is the threshold requirement for an inquiry into allegations of malpractice?


Ontario, Canada

What is the test for "arguable relevance" to an application?


Ontario, Canada

What is the legal test for assessing loss of future earning capacity?


British Columbia, Canada

What is the assessment of an application to dismiss under section 27(1)(c) of the Human Rights Code?


British Columbia, Canada

What is a driver's obligation to follow the rules regulating traffic?


British Columbia, Canada

How have the courts in BC dealt with the issue of a draft Agreement between a husband and wife?


British Columbia, Canada

Is a vendor entitled to enforce a portion of the purchase money?


Saskatchewan, Canada

What is the test for reapportioning of matrimonial assets between spouses?


British Columbia, Canada

What is the legal framework for the assessment of the future wage loss claim?


British Columbia, Canada

What is the effect of a long-term relationship between a father and daughter?


Ontario, Canada

What is the test for ending a marriage by one spouse?


Ontario, Canada

What is the test for negligence in medical malpractice cases?


Alberta, Canada

What is the test for estoppel?


British Columbia, Canada

How have courts treated mobility motions in the context of a custodial parent’s mobility impairment?


Ontario, Canada

What is the global assessment for the defence in a personal injury case?


British Columbia, Canada

Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price?


British Columbia, Canada

When will a judge impose a constructive trust on a fiduciary trust?


British Columbia, Canada

What is the test for a claim of conspiracy?


Alberta, Canada

What is the test for a motion of no confidence in a witness in a personal injury case?


Ontario, Canada

How have courts interpreted section 8 of the Criminal Code in the context of search and seizure?


Alberta, Canada

What is the test for putting a plaintiff in a position she would have been in if she had not been injured in a motor vehicle accident?


British Columbia, Canada

What is the test for reopening a sexual assault trial after a period of more than 20 years?


Nova Scotia, Canada

Can mitigation be mitigation in a personal injury action?


Alberta, Canada

Can an option to purchase be an enforceable contract?


Alberta, Canada

Can a mechanical exclusion apply to a loss of income due to a failure of a furnace that is not contemplated by the exclusion?


Ontario, Canada

What is the test for making an argument that a plaintiff has not pursued a course of recommended medical treatment?


British Columbia, Canada

What is the test for admitting or denying parol evidence in a contract?


British Columbia, Canada

What is the test for determining whether a motor vehicle was damaged in two separate incidents?


British Columbia, Canada

What is the test for a spousal support order against a woman who has been ordered to work for 20 years?


British Columbia, Canada

What is the current state of the law on damages for breach of contract of sale?


British Columbia, Canada

Is there any case law where a respondent has not remit collected GST to the government?


British Columbia, Canada

What is the test for a termination date for a student's academic pursuits?


Ontario, Canada

What is the test for establishing that evidence is credible and trustworthy?


Ontario, Canada

Is there a loss of future earning capacity?


British Columbia, Canada

Does the doctrine of laches apply in common law?


British Columbia, Canada

What is the test for a judge to reopen a civil trial before judgment has been rendered?


Yukon, Canada

What is the test for assessing past or future loss?


British Columbia, Canada

What is the test for cruelty in the context of human nature?


Saskatchewan, Canada

What is the burden of producing an affidavit of documents?


Ontario, Canada

What is the effect of a Peace Bond on a negligent investigation action?


Ontario, Canada

How is the Real and Substantial Connection Test applied?


Manitoba, Canada

Is discharge of lis pendens dischargeable as part of a summary judgment application?


Alberta, Canada

What is the test for a leave to appeal?


Canada (Federal), Canada

What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally?


British Columbia, Canada

Does a landlord have a right to exclude a tenant from a portion of a restoration and cleaning obligation that related to the condition of the premises prior to entering into a subsequent lease?


British Columbia, Canada

What is the test for a third party to claim custody of a child?


Ontario, Canada

When will the Human Rights Tribunal defer consideration of an application?


Ontario, Canada

Does this letter convey a threat or threats to the company?


Saskatchewan, Canada

Is a pleading of negligent misrepresentation in a claim for damages arising in negligence simpliciter?


Ontario, Canada

What is the test for damages for loss of income earning capacity assessed as a capital asset?


British Columbia, Canada

What factors will be considered by the Court in assessing credibility?


British Columbia, Canada

What is the but for test in motor vehicle accident law?


Canada (Federal), Canada

What is the test for an expense under section 7(1) of the BCSC?


British Columbia, Canada

What is the test for calculating the reasonableness of photocopying charges?


British Columbia, Canada

Is there any case law where an applicant has been denied a security classification because he never received the scoring matrix that was used in reassessing his security classification?


Canada (Federal), Canada

How has the trial judge considered aboriginal perspective in the context of aboriginal title claims?


British Columbia, Canada

Can a final order be varied pursuant to s. 17 of the Divorce Act?


British Columbia, Canada

What is the case law in favour of striking defamation claims against two defendants?


British Columbia, Canada

Is a plan included in the description of land conveyed in a grant?


British Columbia, Canada

What is the test for dismissing a complaint?


British Columbia, Canada

What is the test under which a plaintiff must prove that a further independent medical examination is necessary?


British Columbia, Canada

What is the test for making an order for an advance or interim distribution of an interim distribution?


British Columbia, Canada

Is a restriction of practice appropriate in the context of integrity concerns?


Ontario, Canada

What are the characteristics of a pleading?


British Columbia, Canada

Can a jury trial be bifurcated?


Ontario, Canada

Can a plaintiff claim damages for past loss of housekeeping capacity?


British Columbia, Canada

What is the test for calculating future care costs for a plaintiff?


British Columbia, Canada

What is the standard of care of a surgeon in general?


British Columbia, Canada

What is the test for determining whether a cause of action exists for the purposes of certification?


Ontario, Canada

What is the test for establishing causation in a motor vehicle accident?


Manitoba, Canada

What is the legal test for a legal costs award?


Nova Scotia, Canada

What is the cause of death for spruces that were transplanted from a single spruce into a rock formation in 2014?


British Columbia, Canada

Does a successful motion for a default judgment need to also contain costs?


Ontario, Canada

Can a fiduciary relationship between a party and the other party result in a breach of contract?


Ontario, Canada

What is the test for determining damages in a motor vehicle accident?


Saskatchewan, Canada

What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner?


British Columbia, Canada

What is the test for parking on the right side of the yellow line?


British Columbia, Canada

Does estoppel prevent parties from re-litigating the constituent issues or material facts necessarily embraced in a previous proceeding?


British Columbia, Canada

Is there any case law where an applicant has abandoned a claim at a settlement conference to bring the case closer to settlement?


Ontario, Canada

What is the test for "extraordinary costs" in a personal injury case?


Ontario, Canada

What is the test for a ratio decidendi?


British Columbia, Canada

What are the reasons why a reference application was dismissed?


British Columbia, Canada

Is the petitioner appropriate to be appointed interim administrator of the Department of Health and Social Care for the deceased?


British Columbia, Canada

How have courts treated soft tissue injuries to the right fourth distal interphalangeal joint of the right hand?


Prince Edward Island, Canada

What is the nature of a summary hearing?


Ontario, Canada

What is the test for emotional stability and emotional stability of a mother who is seeking to relocate to a new home with her children?


British Columbia, Canada

In what circumstances will a jury find that employment is not in physical contiguity to the factory?


Saskatchewan, Canada

What is the test for interpreting the meaning of an enactment in its ordinary grammatical meaning?


Canada (Federal), Canada

Does the limitation period under the RPLA apply to the properties of Pellatt?


Ontario, Canada

How does a plaintiff have to prove an evidentiary link between her pain symptoms and the recommended treatment and care?


British Columbia, Canada

What is the current state of the law on fiduciary obligations in a new relationship?


Ontario, Canada

What is the test for damages under s. 647(2) of the Canadian Maritime Code of Conduct?


Canada (Federal), Canada

What is the test for assessing past or future loss?


British Columbia, Canada

Can a finding of fact be reversed if the finding was based on a palpable and overriding error?


Saskatchewan, Canada

What is the test for making a gift legally binding?


British Columbia, Canada

How is the amount involved in adverse possession determined?


Nova Scotia, Canada

What is the test for a party to be convicted of assisting in the murder of an individual?


Ontario, Canada

Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract?


British Columbia, Canada

Is a person’s residence sufficient to be a domicile?


Saskatchewan, Canada

What is the effect of prior statements being read to a jury in a sexual assault trial?


Ontario, Canada

What is the test for adult children asserting a claim under a will?


British Columbia, Canada

Can a party who has rejected an offer or responded with a counter offer to accept the original offer unless it has been withdrawn?


Ontario, Canada

What is the test for punitive damages in B.C.?


British Columbia, Canada

What is the meaning of the term “ original position” used by the trial judge at trial?


British Columbia, Canada

Is a plaintiff entitled to recover out-of-pocket expenses incurred as a result of a motor vehicle accident?


British Columbia, Canada

What is the legal test for assessing the evidence and the probative value of the testimony?


Canada (Federal), Canada

What is the obligation of a spouse to become self-sufficient during a separation?


British Columbia, Canada

What is the test to apply in determining whether a retroactive disability support award should be made?


British Columbia, Canada

What is the test for habitability of a residential unit?


Ontario, Canada

What is the effect of writing in the ink of a life insurance policy?


Ontario, Canada

What is the test for appeal judges to grant leave to allow a party to argue an entirely new issue on appeal?


Ontario, Canada

What is the nature of a summary hearing?


Ontario, Canada

What is the test for determining whether a parent has to pay child support?


Ontario, Canada

What is the test for consent under s. 11(b) of the Criminal Code?


Canada (Federal), Canada

What is the impact of increased proximity between social hosts and their own guests on the liability of a plaintiff who was injured at a drinking party?


Ontario, Canada

Is there any case law in which a plaintiff has been awarded an award for exemplary and aggravated damages?


Ontario, Canada

What is the test for determining whether a de facto adoptee is protected as a newly purported analogous ground?


Alberta, Canada

What is the test for vicarious liability in sexual assault cases?


Ontario, Canada

What is the persuasive value of a complainant's claim that she was sexually assaulted by the respondent?


British Columbia, Canada

Does the adjudicator's approach to the credibility assessment apply to a witness report?


British Columbia, Canada

What factors are considered in a human rights appeal?


Saskatchewan, Canada

What is the test for striking a counterclaim?


Newfoundland and Labrador, Canada

What is the test for the equitable doctrine of undue influence?


Ontario, Canada

What is the legal test for having an oral hearing?


British Columbia, Canada

Is it expedient to appoint a new trustee for a trustee of N-Krypt?


British Columbia, Canada

Is there any case law where the failure of the respondent to fully disclose to the court was not deliberate?


British Columbia, Canada

Can a dentist who wants to express his opinion at trial?


Nova Scotia, Canada

What is the test for specific performance in a contract of purchase and sale?


British Columbia, Canada

Does a representative plaintiff have to testify on behalf of the represented party when they are examined for discovery?


British Columbia, Canada

What is the standard of review analysis for appellate superior courts and trial courts?


Canada (Federal), Canada

What is the test for the definition of "subject matter" in a commercial contract?


Nova Scotia, Canada

Can a consent judgment be set aside if the consent was executed by counsel and issued by the court?


Saskatchewan, Canada

In what circumstances will the bank of a parish be required to return a cheque drawn on account of the parish?


Saskatchewan, Canada

What is the burden on a plaintiff to prove that their injuries were caused by negligence?


British Columbia, Canada

What is the purpose of a management fee or for investment advice?


British Columbia, Canada

Does a motion for leave to appeal require costs to be awarded?


Ontario, Canada

What is the "excessively mathematical" way of valuing a loss?


British Columbia, Canada

What is the test for determinations under s. 27(1)(b) of the BC Human Rights Code?


British Columbia, Canada

Can a trustee or mortgagee advance his own money to preserve trust property to preserve the trust property?


Saskatchewan, Canada