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
