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.
Does a motion of dismissal have to include cost consequences or cost consequences?
Ontario, Canada
What is the test for determining whether a decision is patently unreasonable?
British Columbia, Canada
What is the test for establishing cause or contributory factors in a motor vehicle accident?
British Columbia, Canada
What is the burden of establishing supervised parenting time for the other parent?
Ontario, Canada
What is the proper approach to assessing non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
What is the date of service notice requiring trial by jury?
British Columbia, Canada
What is the reasonableness of a mother’s decision to terminate a long-term pregnancy proceedings in a different court?
Ontario, Canada
Does the Attorney General have the power to withdraw a charge?
Alberta, Canada
Can Cabinet Confidences be disclosed to the courts?
Newfoundland and Labrador, Canada
What is the difference between a plaintiff and a court in assessing damages in a motor vehicle accident case?
New Brunswick, Canada
Can a plaintiff sue for passing off his book by citing all their trade-marks?
Canada (Federal), Canada
What is the test for proving that a letter was sent by ordinary mail?
Canada (Federal), Canada
Can an application for habeas corpus with certiorari in aid succeed?
British Columbia, Canada
When is a foreign personal representative permitted to administer an estate?
Alberta, Canada
What is the test for determining whether a child's consent is valid?
British Columbia, Canada
What is the effect of cross-examination in the second stage of a child protection proceeding?
Ontario, Canada
What is the test for discrimination in the context of specialized transit?
Ontario, Canada
Is there any case law that grants immunity to a foreign official for torture?
Canada (Federal), Canada
Does a judge have to make a distinction between a home and a building?
British Columbia, Canada
Does an employer have a responsibility to mitigate the damages of an employee who has been dismissed?
Ontario, Canada
Is an invention in a mere adaptation of a well-known idea?
Ontario, Canada
What is the effect of a solicitor/client relationship and confidential information which has been obtained in that relationship?
Alberta, Canada
Can a finding of parental alienation be made at the interim stage and on the written record?
Ontario, Canada
What is the test for a judicial review of a finding of fact, law or mixed fact?
British Columbia, Canada
What is the test for an actionable breach of confidence?
British Columbia, Canada
Can a claimant prevent the application of the statutory presumption in a real estate transaction?
British Columbia, Canada
How has section 1 of the Interpretation Act, 1889, been interpreted?
Alberta, Canada
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge?
British Columbia, Canada
Can interim spousal support be granted in spite of a waiver of support contained in a marriage contract?
Ontario, Canada
What is the test for a search warrantless search of a home by police responding to an emergency call?
Ontario, Canada
Can a solicitor be characterized as an employee of the company he represents?
Alberta, Canada
Is a successful appellant entitled to costs for a Rule 38 appeal?
Newfoundland and Labrador, Canada
How is imputed income treated in a change application?
Ontario, Canada
Is there any legal or financial constraint linking debt to the matrimonial home?
Ontario, Canada
What is the test for a ground of appeal?
Ontario, Canada
Is a lack of precision in a pleading sufficient to strike the pleading?
British Columbia, Canada
Can a motion to stop a motor vehicle accident be made before the trial of the motor vehicle owners?
Canada (Federal), Canada
Are self represented litigants entitled to the same costs as those of counsel?
Ontario, Canada
What is the case of a woman who, as a result of her father-in-law's business interests, has suffered economic disadvantage due to her lack of employment?
British Columbia, Canada
What is the current obligation of a party to disclose surveillance and veterinary records?
Ontario, Canada
What is an "overriding error" in the context of a finding of fact?
British Columbia, Canada
In what circumstances will a strata corporation be required to repair or maintain common property?
British Columbia, Canada
What is the test for an equal division in a property?
Ontario, Canada
What is the purpose of a pleading in an action?
Ontario, Canada
What is the test for summary trial in a personal injury case?
British Columbia, Canada
What is the test for standing in a condominium application?
Ontario, Canada
What is the test for objectively and subjectively reasonable grounds in the context of electronic surveillance?
Ontario, Canada
Is there an implied warranty of fitness of materials (as well as workman ship) with respect to premises in the course of construction?
Manitoba, Canada
Can a judge make maintenance payments retroactive to the date of date of the application?
Ontario, Canada
Is there a discoverability provision or plain meaning of the words " discoverability" in the limitation period?
Prince Edward Island, Canada
What is the test for representing a class in a class action?
British Columbia, Canada
What is the test for statutory interpretation of the words in the context of a statute?
Nova Scotia, Canada
Does a judge have to grant an injunction when a breach of a by-law is established?
British Columbia, Canada
Is it necessary for the trial judge to determine whether this residence was unfit for habitation?
Alberta, Canada
Is the Respondent's failure to provide a full and complete financial disclosure to the Applicant in an uncontested trial?
Ontario, Canada
When will a finding on property division be used to determine spousal support?
British Columbia, Canada
What is the difference between a bankrupt husband and wife when the wife receives an overage from the husband?
Saskatchewan, Canada
What are ad hoc fiduciary duties?
Nova Scotia, Canada
In what circumstances will a wife's claim for reapportionment from her husband for his personal injury award be considered in the context of the wife’s application for a reduction in his income before he dies?
British Columbia, Canada
When will an executor pre-take compensation from a will?
Ontario, Canada
What constitutes a pooling of funds for family purposes?
Ontario, Canada
What are the costs of a motion seeking full indemnity special costs?
British Columbia, Canada
What is the legal test for a motion of appeal?
Ontario, Canada
What is the test for discharge of an Administrator for a condominium corporation?
Ontario, Canada
If consent is not dispensed with, what is the effect of having two fathers?
Saskatchewan, Canada
How have courts treated comments made by the Attorney General in the context of the issue of personal injury cases?
British Columbia, Canada
How to resolve the issue of privileged statements?
British Columbia, Canada
How can a loss of future earning capacity be quantified?
British Columbia, Canada
What is the legal test to determine whether a judge has jurisdiction to consider an application for leave of execution?
British Columbia, Canada
What are the implications of an allegation of conspiracy in the context of a tort claim?
British Columbia, Canada
What are the implications of a defendant's behaviour towards a plaintiff in a personal injury claim?
British Columbia, Canada
What is the privilege of obtaining privileged communications that were obtained in order to facilitate a crime or fraud?
British Columbia, Canada
What is the standard of review applicable to awards of damages in past loss of income cases?
Newfoundland and Labrador, Canada
What is the legal test for trespass on the case?
Canada (Federal), Canada
What is the standard of care of a physician who treats a patient with a fractured skull?
British Columbia, Canada
Is there a defence to an inducing breach of fiduciary duty claim?
Ontario, Canada
What is the test for a motion to declare a mistrial?
British Columbia, Canada
What is the impact of a collision with little damage?
British Columbia, Canada
What is the general power of a court in matters relating to infants?
Saskatchewan, Canada
Can a signatory state make an order to protect a child under Article 13(b) of the Convention on Human Rights?
British Columbia, Canada
In what circumstances will a municipality have to set out in its official plan what it is trying to do?
Ontario, Canada
What is the test for a plaintiff to prove he has assets within the jurisdiction of the jurisdiction to satisfy any costs?
Ontario, Canada
What is the difference between a proposal of settlement containing a clause that does not exclude evidence of negotiations?
British Columbia, Canada
What is the impact of time on a child on a parent's mental health?
Ontario, Canada
What are the consequences of Rule 37B of the Rules of Civil Procedure when a defendant makes a reasonable offer before trial?
British Columbia, Canada
If the parties cannot agree on costs, can they agree to pay the costs of a claim against Jevco Insurance Company?
Ontario, Canada
What is the test for allowing a defendant to conduct an unauthorised amount of work while preparing for trial?
British Columbia, Canada
Is a child entitled to compensation for the loss of guidance, companionship and care and training that she would have received from her mother?
British Columbia, Canada
What is the test for the tort of nuisance?
British Columbia, Canada
In what circumstances will a court allow a purchaser to rescind a contract of purchase of a vehicle that is not a 1950 vehicle?
British Columbia, Canada
Can disability benefits be deducted from damages for wrongful dismissal?
Newfoundland and Labrador, Canada
What is the test for obtaining an authorization to intercept communications without a search warrant?
Ontario, Canada
What common law principle applies to articles attached to a piece of land?
Manitoba, Canada
What is the burden of causation against a plaintiff who has not followed a recommended course of medical treatment?
British Columbia, Canada
What are some circumstances where special costs can be awarded in personal injury cases?
British Columbia, Canada
What is the test for an application to obtain a gift from the respondent in a personal injury case?
British Columbia, Canada
What is the test to apply in determining whether a defendant should be permitted to make payments out of funds subject to a proprietary injunction?
Ontario, Canada
What is the effect of the Convention on Human Rights in Canada?
Ontario, Canada
What are some cases where a promoter received a life insurance policy from the late husband of a deceased investor and invested it entirely in the company he was promoting?
British Columbia, Canada
What is the relevant date for a discrimination complaint?
British Columbia, Canada
Does the Respondent have any duties as a trustee of a non-client scheme?
British Columbia, Canada
What is the duty of an employee to mitigate her losses by making reasonable efforts to obtain suitable employment after she resigned?
Ontario, Canada
Are allegations in a Statement of Claim capable of being amended to comply with pleading requirements in the Rules of Civil Procedure?
Ontario, Canada
What is the current state of the law in relation to the scope of an anti-doping agency investigation?
British Columbia, Canada
What constitutes a "success" in a motion?
Ontario, Canada
Does abusive language directed at a non-litigant constitute professional misconduct?
British Columbia, Canada
Is there any case law that supports the argument that debt is to be valued based on the reasonable likelihood of ever being repaid?
Ontario, Canada
What is the test for “perfect correspondence” between a benefit program and the actual needs and circumstances of the claimant?
Ontario, Canada
What is the test for showing cause in a notice or citation?
Ontario, Canada
Can a senior civil servant be found to have abused his position by conducting an advertised process rather than a non-advertised process?
Canada (Federal), Canada
What is the "rule" and what is the effect of it?
British Columbia, Canada
What is the test for giving a statement to an insurer?
Ontario, Canada
What is the difference between access to the natural mother and the court's view on the best interests of the child principle?
Ontario, Canada
What is the test for a Defendant to make an application for a specific performance on a land lease?
Alberta, Canada
What is the alternative basis for seeking costs in a condominium action?
Ontario, Canada
What is the test to prove negligent misrepresentation?
Saskatchewan, Canada
What is the test for using expert opinion at trial?
British Columbia, Canada
What is the current state of the law on the assessment of medical evidence?
British Columbia, Canada
Can a claim be made in tort for negligent misrepresentation, even when the parties are in a contractual relationship?
British Columbia, Canada
How has the Respondent Respondent dealt with a default judgment in a personal injury case?
British Columbia, Canada
What is the test for a judicial review?
British Columbia, Canada
What is the purpose of access and what are the terms and conditions for access?
New Brunswick, Canada
What are the costs of an action brought by the Board of Arbitration for Sport's compliance with the Rules of Cricket Board of Canada?
British Columbia, Canada
How have courts interpreted the principle that losses are not deductible if they are paid and lost in a fraudulent scheme?
Canada (Federal), Canada
What are the costs awarded against a party for improper conduct?
British Columbia, Canada
What are the special costs awarded by the BCSC against a party who pursues a meritless claim?
British Columbia, Canada
What is the standard of review applied to a Minister's surrender decision?
British Columbia, Canada
What is the test for having a lawyer who is not qualified under the Bar Act?
Canada (Federal), Canada
What is the test for defamatory words?
Alberta, Canada
What is the limitation of recovery under a particular liability insurance policy?
Yukon, Canada
What is the role professional orders play in protecting the public interest?
British Columbia, Canada
Is an executor's primary duty to enforce the wishes of the testator?
New Brunswick, Canada
What is the purpose of providing reasons in a motion?
British Columbia, Canada
What is the legal framework for a loss of capacity claim?
British Columbia, Canada
How has the court interpreted a common mistake in rescission terms?
British Columbia, Canada
How have courts dealt with the issue of directors not knowing that a policy of life insurance had lapsed?
Saskatchewan, Canada
How has the Republic of France treated handwriting evidence in an abuse case?
Ontario, Canada
Does a clause in Dimitropolous provide liability for an asphyxiation arising from a seizure?
Alberta, Canada
What is the difference between a person's responsibility for a ferae naturae and a domestic animal?
British Columbia, Canada
What are the grounds for refusing to recognize an Australian divorce in Canada as a foreign divorce?
British Columbia, Canada
Are there any communications that do not meet the criteria for an alleged shared assumption?
Ontario, Canada
What are the indicia of vexatious litigation?
Yukon, Canada
Can a solicitor defend the privilege of absolute privilege in a letter to a client?
Ontario, Canada
How have the courts in England and Wales dealt with the issue of administering the estate and of title?
Saskatchewan, Canada
Can a court order costs of an unsuccessful public interest litigant in a civil matter?
Nova Scotia, Canada
Can a landlord exercise a right to renew a lease if the landlord fails to provide a written notice of the tenant’s intention to apply for a renewal?
British Columbia, Canada
What are the elements of an action for unjust enrichment?
British Columbia, Canada
What is the test for a natural parent in a custody dispute?
Ontario, Canada
Is there any case law in which a brother transfers property to his sister for money consideration?
British Columbia, Canada
What is the test for an application to obtain an interim loan from a family member without an obligation to repay?
Ontario, Canada
What is the test for dismissing a frivolous action?
Ontario, Canada
Is it possible for a society to fall into "unfair dealing"?
Ontario, Canada
Does a plaintiff have to prove that he or she was deceived in order to obtain damages from a tobacco company?
British Columbia, Canada
Can a plaintiff suffer pain from a whiplash injury?
Ontario, Canada
What is the standard of care in the real estate professional context?
British Columbia, Canada
What is the test for determining whether a plaintiff was injured as a result of negligence?
British Columbia, Canada
What factors will the court consider in determining the best interests of the child?
Ontario, Canada
What is the test for giving notice of a date for performance?
British Columbia, Canada
What is the test for having a binding settlement?
British Columbia, Canada
What is the scope of the state's interest in the education of its citizens?
Ontario, Canada
In what circumstances will a plaintiff be liable for failing to reduce his or her vehicle’s speed as a result of the collision?
Alberta, Canada
How have the courts treated a bill for tithes?
Saskatchewan, Canada
Is cigar smoke in a condominium unit a nuisance?
Saskatchewan, Canada
Does a matrimonial domicile acquired by residence as distinct from domicility in the ordinary sense give any jurisdiction to divorce in English law?
Saskatchewan, Canada
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced?
Saskatchewan, Canada
What is the legal test for judicial discretion in a discretionary decision?
Newfoundland and Labrador, Canada
What are the severance terms of a contract of employment?
British Columbia, Canada
Can an employer in its capacity as a sponsor (and not as plan administrator) obtain legal advice to amend a pension plan?
Ontario, Canada
Is there a duty of accommodation triggered if the respondent is not aware of the disability?
British Columbia, Canada
What is the privilege that a lawyer is entitled to keep confidential information given in confidence to a lawyer's client?
Canada (Federal), Canada
What is the impact of a workers’ compensation scheme on a tortfeasor?
Alberta, Canada
In what circumstances have agents of a bank been found liable for a defective banknote?
Saskatchewan, Canada
How has access to children been treated under s. 17(5) of the Divorce Act, 1985?
Manitoba, Canada
Can an application for Humanitarian and Compassionate considerations be denied if the applicant is financially independent?
Canada (Federal), Canada
What is the specific performance of a specific performance remedy?
Ontario, Canada
I was asked: If all other arguments fail, what is the answer?
Canada (Federal), Canada
What is the test for assault under the principle of consent?
Ontario, Canada
Can a returning officer on a Metis settlement consider their residence as a place for filing or making inquiries?
Alberta, Canada
What is the test for declaratory judgment in favour of the present applicants in the Superior Court of Justice?
Alberta, Canada
Is there a class proceeding or is there an alternative to an arbitration procedure?
Ontario, Canada
What is the current state of the law in relation to the effect of separation on the determination of the continuity of a relationship?
British Columbia, Canada
When will a motion judge consider whether to grant access to a person with mobility issues on an interim or temporary basis?
Ontario, Canada
What is the impact of a motor vehicle accident on an insurance policy?
Saskatchewan, Canada
What is the test for whether there has been full and frank disclosure in the context of an ex parte motion?
Ontario, Canada
What is the case law in Canada on the subject of subsequent events which aggravate injuries received in a tortiously caused accident?
British Columbia, Canada
What knowledge is required to start the clock running?
Alberta, Canada
Can allegations of cruelty in a new action be set up in the same circumstances?
Saskatchewan, Canada
Can an execution creditor sell the property of his debtor subject to all such charges and equities as the same was subject to in the debtor's hands?
Newfoundland and Labrador, Canada
If a "social agreement" arising from an earlier decision of a municipal council is treated as a binding contract, is it binding contract?
British Columbia, Canada
What is the test for contributory negligence in a case where a plaintiff was injured while trying to escape from a burning building?
British Columbia, Canada
What is the test for evidence of intent to defeat, hinder or delay creditors?
Ontario, Canada
Is there any case law that supports the argument that in the context of "extraordinary times” are extraordinary times?
Ontario, Canada
In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease?
Alberta, Canada
Is a lawyer who failed to communicate to his clients about his legal fees to their clients by email a breach of fiduciary obligations?
British Columbia, Canada
Is proof of a will in solemn form a basis for cancelling a notice of dispute?
British Columbia, Canada
What is the case law relating to the application for Canadian Minister of Citizenship and Immigration?
Canada (Federal), Canada
Is a promissory note presumptively issued for consideration?
Ontario, Canada
What is the current state of the law regarding applications to change venue?
British Columbia, Canada
Can a collective agreement be negotiated in bad faith bargaining?
Saskatchewan, Canada
What is the scope of errors of law for appeals under the Criminal Code Act?
British Columbia, Canada
