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 considerations must be considered in determining the scope of an intervenor’s intervenor?
British Columbia, Canada
In what circumstances have the Rules of Civil Procedure been interpreted correctly?
Ontario, Canada
What is the test for standing at the first-stage hearing of a named person’s claim to be a confidential informant?
British Columbia, Canada
What is the legal test for an 8 to 10 month guideline for institutional delay in a criminal trial?
Ontario, Canada
What is the effect of the wide rule as to sale by sample?
Ontario, Canada
Does the trial judge have to identify the employees who were at fault by name?
Ontario, Canada
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case?
British Columbia, Canada
Does a resulting trust arise when title is held in one party's name but that party gave no value for the property?
Ontario, Canada
Is there a presumption or presumption that when two adults live together, they thereby acquire or interests in each other's property?
British Columbia, Canada
What is the difference between a change in parenting arrangements between a child and his non-custodial parent?
Ontario, Canada
How has the BCSC treated the issue of procedural issues at trial?
British Columbia, Canada
In what circumstances will a defendant be released from jail pending trial?
Ontario, Canada
Is a plaintiff entitled to compensation for future care that is justified and reasonable?
British Columbia, Canada
What is the test for a "marital relationship" between a man and a woman?
British Columbia, Canada
Is there direct evidence that a banknote was never presented for payment?
Saskatchewan, Canada
What are the principles in custody when the issue is not custody but rather primary residence?
British Columbia, Canada
What is the "best interests of the child" test?
Ontario, Canada
What is the reasonableness standard of review in judicial review?
British Columbia, Canada
What is a bona fide occupational qualification?
Canada (Federal), Canada
In what circumstances will arbitrator determine the wage rates for year three of a three year collective agreement?
Alberta, Canada
What is the standard of review in employment law?
Canada (Federal), Canada
What is the test for determining if a plaintiff is entitled to an award of damages from the Court of Appeal of BCSC 1255?
British Columbia, Canada
What are the general damages of a plaintiff in her motor vehicle accident?
British Columbia, Canada
What is the test for erecting a fence or cutting out a boundary line?
Nova Scotia, Canada
What is the standard of review for a decision by a Public Prosecutions Officer (PRRA) not to be reviewed because it is considered "globally and as a whole"?
Canada (Federal), Canada
Can a summary judgment be granted in a contested estate matter?
Ontario, Canada
In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute?
Alberta, Canada
What is the rule of not requiring equal contribution?
British Columbia, Canada
What is the effect of a material change in circumstances at the time of child support arrears accumulated?
Ontario, Canada
Does a developer have to provide copies of new disclosure statements or amendments to purchasers who have not yet received title to the property?
British Columbia, Canada
Does a plaintiff have to prove a breach of fiduciary duty to a third party to recover damages?
Ontario, Canada
Is pleading the legislative requirements for a transfer of interest in land benefit both parties?
Ontario, Canada
What is the common law requirement of service or actual personal knowledge of a court order?
Canada (Federal), Canada
What is the test for knowing or oughting to have known that dismissal was a real possibility?
Canada (Federal), Canada
What is the test for obtaining leave to cross-examine a witness?
Manitoba, Canada
What is the test for admitting new evidence at a hearing?
British Columbia, Canada
How have courts dealt with Rule 18A applications where damages are far less than the limit of the Small Claims jurisdiction?
British Columbia, Canada
What is the test for mental health issues to be considered bad behaviour by a landlord in a residential unit?
Nova Scotia, Canada
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial?
Saskatchewan, Canada
What is the burden of establishing a family debt and that it was either incurred during or to preserve family property?
British Columbia, Canada
Does the Attorney General's submission in the Superior Court of Justice have any grounds to argue that the meaning of the word "definite" in the definition of a word?
Ontario, Canada
What is the common law common law non-deductibility of private insurance benefits?
Nova Scotia, Canada
How has the court interpreted the Guidelines for Child Support Guidelines in a family law case?
Ontario, Canada
What is the test for determining whether a decision is reasonable?
Ontario, Canada
Does Local 183 have an arbitration agreement?
Ontario, Canada
What is the test for a parent to be deemed unfit to care for their child?
Ontario, Canada
Can a pleading or portion thereof be struck out?
Ontario, Canada
How have courts considered whether the discharge of a missile by the enemy was a cause of injury?
Manitoba, Canada
Can a zoning bylaw which prohibits VLTs and slot machines within the city be held intra vires?
Saskatchewan, Canada
What are the principles of the unjust factor in determining special costs?
British Columbia, Canada
What is the test for approving discontinuance of a class action?
Ontario, Canada
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context?
Ontario, Canada
Can a conviction lie for both sexual assault offences?
Saskatchewan, Canada
What are the rights of the holder of a bill that has not been endorsed?
Saskatchewan, Canada
What is the meaning of the word “intention” in the context of a claim?
Ontario, Canada
When will a defence witness be allowed to ask questions that have no bearing on the evidence they are giving at trial?
Saskatchewan, Canada
What is the test for valuing a plaintiff's loss of earning capacity as a capital asset?
British Columbia, Canada
What is the burden of proof in a marriage contract case?
Ontario, Canada
What is the effect of the seizure of cash from a cash machine by the police?
British Columbia, Canada
What is the equitable maxim of ex turpi causa non oritur actio?
British Columbia, Canada
How have courts interpreted the meaning of words in a libel case?
Saskatchewan, Canada
What is the test for a young offender who is mentally disordered?
British Columbia, Canada
Does the doctrine of estoppel preclude the exercise of a statutory duty?
Canada (Federal), Canada
What is the limitation of time for a complaint to be accepted by the BC Human Rights Tribunal?
British Columbia, Canada
What is the impact of accident-induced injuries on a plaintiff's ability to make a reasonable choice in a medical malpractice case?
British Columbia, Canada
Can an employer delay the termination of an employee by a year?
Manitoba, Canada
What are the factors used to determine whether a plaintiff has a valid claim for damages?
Ontario, Canada
How has the court interpreted the law in the context of P.TO.O. protecting an employee’s safety shield?
Alberta, Canada
What is the test for relief under s. 98 of the Courts of Justice Act?
Ontario, Canada
Can a beneficiary of a deceased person bring an action in his name and on behalf of the executor against the deceased's brother and one of his companies?
British Columbia, Canada
When is enough financial disclosure in a family law proceeding?
Ontario, Canada
What is the test for a parent to bring a motion to relocate?
British Columbia, Canada
What is the test for damages for wrongful dismissal of a plaintiff in a motor vehicle accident?
Alberta, Canada
What is the dual role of owner-master of a pleasure vessel?
British Columbia, Canada
What are the circumstances in which a stay of a removal order can be stayed?
Canada (Federal), Canada
What is the test for police to refer an accused to counsel of choice?
Ontario, Canada
What is the test for inordinate delay?
Alberta, Canada
What are the factors giving rise to the required relationship of proximity?
British Columbia, Canada
What is the risk of harm to Christian in the context of travel costs?
Ontario, Canada
Is a builder required to be a guarantor of the suitability of the plans and specifications provided by the architect and engineer to the owner?
Saskatchewan, Canada
What is the standard for correctness in s. 59(1)?
British Columbia, Canada
In what circumstances will there be conviction for evasion under s. 239(1) (d) of the Income Tax Evasion Act?
Saskatchewan, Canada
What is the test for adduced evidence of bad character?
British Columbia, Canada
What are the elements of the tort of intentional infliction of harm?
British Columbia, Canada
Can shareholder of a company take action against the person who causes damage to the company?
Alberta, Canada
Does a judge make a palpable and overriding error of fact when exercising costs in a personal injury case?
New Brunswick, Canada
What is the authority for reducing spousal support awards within the appropriate range of awards?
British Columbia, Canada
To what extent can a court order to restore a person's income?
Ontario, Canada
What is the current state of the law on the presumption of undue influence?
British Columbia, Canada
What is the Anns test?
British Columbia, Canada
What is the test for costs in a family law case?
British Columbia, Canada
In what circumstances will a court grant summary judgment in a personal injury action?
Alberta, Canada
Can a plea of estoppel negate the positive obligation imposed on OSL with respect to the giving of financial assistance?
British Columbia, Canada
Is there any case law or case law that deals with title to a property?
Saskatchewan, Canada
Are interim rulings binding on the trial judge?
Ontario, Canada
Can a municipality without a by-law prevent a town from making improvements to its roads?
Manitoba, Canada
What is the test for discrimination against a physically disabled person in a motor vehicle accident?
British Columbia, Canada
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in a claim for non-dissipation of assets?
Ontario, Canada
Is a strata’s approach to the application significantly unfair to the applicant?
British Columbia, Canada
What is the test for a search warrant to be used in search warrants?
Ontario, Canada
Is economic duress sufficient to vitiate consent to a family agreement?
British Columbia, Canada
How to apply the doctrine of 'accident insurance' cautiously?
Ontario, Canada
Is history of ownership a factor that the court will consider in determining the ownership of a property?
British Columbia, Canada
What is the test for a warranty?
Saskatchewan, Canada
When a child is severely disabled, does the society have an obligation to support the child's care?
Ontario, Canada
Is a finding of the primary judge decisive in a case of conflicting testimony?
Saskatchewan, Canada
What is the test for a defence application to re-open its case post-verdict?
Ontario, Canada
What is the difference between a "secondary victim" and a "first victim"?
British Columbia, Canada
Is there any case law that supports the argument that a company can be found to be a "substantial manufacturer" in the form of a manufacturer?
British Columbia, Canada
Does a court have any authority or authority to determine who should conduct a Section 752.1 assessment?
Ontario, Canada
What is the test for having a strong, consistent, credible and reliable witness?
Ontario, Canada
What is the current state of the law on non-compensationary and compensatory benefits for a woman who was found to be unable to work after a long-term disability?
British Columbia, Canada
What is the legal standard of proof under section 99(3) and 250(4) of the BC Workers’ Compensation Act?
British Columbia, Canada
Is an examination for discovery not a fishing expedition?
Ontario, Canada
What are the obligations of the natural father of a child adopted after the adoption of the child?
British Columbia, Canada
Does a random stop of a vehicle stop violate the Fourth Amendment right of search and seizure rights?
Saskatchewan, Canada
What is the test for determining whether a plaintiff would have been injured if they had not been involved in the collision?
British Columbia, Canada
What is the test for determining whether Section 8 of the Criminal Code is engaged?
British Columbia, Canada
What authorities have been considered in the context of a civil matter?
British Columbia, Canada
Does Canada have an obligation to co-operate with international investigations?
Canada (Federal), Canada
What is the full name of the Attorney General of Canada on appeal?
Canada (Federal), Canada
What is a material change in the order of a mortgage?
Ontario, Canada
How have the courts interpreted the words “I did not take the cheese” on the back of an invoice?
Ontario, Canada
Does a backhoe fall within the definition of an automobile?
Ontario, Canada
What is the materiality of a false statement on a claim for special assessment?
Ontario, Canada
Does the Charter protect us against a poor choice of friends?
British Columbia, Canada
What is the difference between a policy and an operational decision?
British Columbia, Canada
What is the test for a prima facie case in a human rights case?
Canada (Federal), Canada
What is the standard of correctness in the context of procedural fairness issues?
Canada (Federal), Canada
What is the "punctum temporis" used to assess whether a through driver poses an immediate hazard?
British Columbia, Canada
What is the role of the Court of Appeal in adjudicating in cases involving "academic matters"?
Manitoba, Canada
What is the applicable standard of review for mixed questions of fact and law?
Canada (Federal), Canada
What is the test for establishing that a party to a property is entitled to a resulting trust?
British Columbia, Canada
What is the case law on the basis of the mother’s evidence foundation?
Nova Scotia, Canada
What is the testatrix's interpretation of the words "surviving children" in her will?
Alberta, Canada
What is the impact of a 5 month jail term and 5 year driving prohibition on a 39 year old man with no prior record?
Ontario, Canada
What steps must a municipality take to prove a sidewalk is in a state of non-repair?
Ontario, Canada
What is the current test for determining causation in a motor vehicle accident?
Alberta, Canada
What is the test for calling a substantive defence at trial?
Ontario, Canada
What is the test for refusing to undergo recommended surgery or other treatment?
Ontario, Canada
When a sheriff's deed can be issued pursuant to a memorial of judgment, what is the effect of s. 15 of the Memorials and Executions Act?
New Brunswick, Canada
Is there any case law in which spousal support was awarded to a 55 year old woman after a long marriage?
British Columbia, Canada
Is there a duty on a straight through driver to take extra care when approaching a left turner at a busy intersection?
British Columbia, Canada
What is the test for determining whether a party is subject to fiduciary obligations in the context of a relationship?
Ontario, Canada
What is the test for general damages in a motor vehicle accident?
British Columbia, Canada
What factors will be considered in determining the appropriate scale of costs under the BCSC 1473, para. 6 of the Cost of Education Act?
British Columbia, Canada
What are the reasons for the costs arising from the trial of a family law claim?
British Columbia, Canada
What is the test for a cause of action for invasion of privacy?
Ontario, Canada
What factors will the Court consider to grant a stay of a motion to terminate an employee's employment?
British Columbia, Canada
What is the test for striking out an order in a personal injury case?
British Columbia, Canada
What are the principles applied on an application to examine a second representative of a corporate defendant?
British Columbia, Canada
Does the Minister of Justice have an obligation to execute a removal order as soon as reasonably practicable?
Canada (Federal), Canada
Can a claimant bring an application for spousal support under the Family Law Act?
Alberta, Canada
What is the test for determining whether there is a continued need for state intervention to protect the children?
Ontario, Canada
What is the burden of proving a plaintiff's claim against a doctor who failed to treat her properly?
Alberta, Canada
What is the case law on deployment and lack of notice under the former PSEA?
Canada (Federal), Canada
What is the test for assessing credibility in a medical malpractice case?
British Columbia, Canada
How do conflicts in expert evidence affect the suitability of a summary trial?
British Columbia, Canada
What is the legal test for obtaining a certificate of professional conduct under the Canadian Professional Association of Chartered Accountants?
Ontario, Canada
When will a court grant joint custody of a child?
Ontario, Canada
What is the impact of on-the-job experience of a federal election worker?
Canada (Federal), Canada
Is a person who aids or abets a person in the commission of a crime as a party to the crime?
British Columbia, Canada
Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent?
British Columbia, Canada
Does solicitor-client privilege apply to communications made with a view to obtaining legal advice?
British Columbia, Canada
How has the sentence for arson been reduced on appeal?
Newfoundland and Labrador, Canada
What is the test for determining whether discriminatory reasons were a factor in the decision to refuse to accept an application from a taxi?
British Columbia, Canada
What are the reasons for non-compliance with an order?
Ontario, Canada
What is the law of offer and acceptance and what is the test for an agreement?
British Columbia, Canada
In what circumstances will a statutory process be used to challenge a claim made by a plaintiff?
Ontario, Canada
What is the standard of review for a motion to set aside the 2004 Notice of discontinuance?
Northwest Territories, Canada
What rights does Section 11 of the Charter say about a person who is prosecuted by the state for a quasi-criminal offence?
British Columbia, Canada
What is the general rule of common law in the context of personal injury cases?
Saskatchewan, Canada
In what circumstances will a police officer be found to have failed to meet the standard of proof?
British Columbia, Canada
What is the appropriate standard of review for an appeal from a judgment refusing judicial review?
Ontario, Canada
Can an employee resile from a resignation?
Ontario, Canada
What is a reasonable period of time for a party to accept an offer from a private equity company?
Ontario, Canada
Is severance in the interests of justice?
Ontario, Canada
Does a plaintiff have to continue to work in partnership with her injured husband to earn income?
British Columbia, Canada
What is the effect of a collision involving a vehicle and a moose?
British Columbia, Canada
Is the old slip rule limited to a point that the court has considered and decided in its reasons?
British Columbia, Canada
Is there any case similar to this one?
Ontario, Canada
What is the defence in a murder appeal where the accused now argues that he lied in his confession?
British Columbia, Canada
What is the defence of justification in a defamation action?
British Columbia, Canada
What is the test for interpreting the provisions in the Civil Code of Canada?
British Columbia, Canada
What is the test for negligence in a hunting accident?
British Columbia, Canada
What is the test for credibility in a criminal case?
Ontario, Canada
What is the test for a jury to decide whether a plaintiff in a medical malpractice case is entitled to a scientific investigation?
British Columbia, Canada
Is it more prudent for Paul to have the assistance of an expert in managing his finances?
Ontario, Canada
What is solicitor-client privilege in law?
British Columbia, Canada
How have courts considered the impact of the pandemic on jury selection in civil cases?
Ontario, Canada
What are the relevant factors in determining the appropriate penalty in a sexual assault case?
British Columbia, Canada
How much deference should the Court give to the decisions of a specialized administrative tribunal?
Manitoba, Canada
When buying an 80 year old home, does the purchaser have a responsibility to check the basement for water damage?
Manitoba, Canada
When will the court order partition and sale of the home?
Ontario, Canada
What is the standard of reasonableness for a driver to drive a car at a pedestrian crossing?
Canada (Federal), Canada
How have the trustees been found to be negligent in negligence in a case involving an infant plaintiff?
Saskatchewan, Canada
Is affidavit evidence from a decision maker admissible on judicial review?
British Columbia, Canada
What is the test for accepting an offer to settle?
British Columbia, Canada
What is the maximum amount of non-pecuniary damages for an infant who was catastrophically injured at birth?
British Columbia, Canada
What is the effect of the factum in a motion for abandonment?
Ontario, Canada
