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 constitutes a complete agreement on the issue of spousal support?
British Columbia, Canada
How is a plaintiff’s non-pecuniary loss from a motor vehicle accident measured?
British Columbia, Canada
What is the reasonableness standard for an administrative tribunal's interpretation of a statute by its own statute?
Nova Scotia, Canada
Is a mortgagee required to pay interest on premiums paid during the term of the contract?
British Columbia, Canada
What is the effect of vengeance on sentencing?
British Columbia, Canada
What is the effect of a finding of error in principle in sentencing a defendant to a new trial?
Canada (Federal), Canada
Is there any case law supporting the argument that homosexuals are disadvantaged because of their sexual orientation?
Alberta, Canada
What is the test for assessing past or future loss?
British Columbia, Canada
What is the standard of care provided by the courts in the context of natural justice?
Canada (Federal), Canada
What is the test for a claim under Rule 9-5(1)?
British Columbia, Canada
What is the test for a policy decision not subject to review?
Ontario, Canada
What is the test for exempting a party from production?
British Columbia, Canada
What is the test for determining whether a dominant driver is an immediate hazard?
British Columbia, Canada
When will a court order joint custody of a parent who has been designated primary residence of the child?
Saskatchewan, Canada
What is the scope of the discretion of the Court of Appeal under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
What is the current state of the law on searches and seizures under s. 8 of the Criminal Code?
Ontario, Canada
What is the standard of disclosure required by a physician to obtain consent from a patient?
British Columbia, Canada
What is the voir dire of a sexual assault case?
Alberta, Canada
What is the current state of the law on loss of future earning capacity?
British Columbia, Canada
What is the test for “beneficial” in the context of access?
Ontario, Canada
What is the test for admitting a hearsay statement?
British Columbia, Canada
What are the costs of counsel in a personal injury action?
Ontario, Canada
What is the test for establishing that a parent's desire to resume care of a child is genuine?
Ontario, Canada
What is the test for determining whether a municipality has a right to seek an injunction?
British Columbia, Canada
Is a mortgagor with substantial equity entitled to pre-leave costs?
Saskatchewan, Canada
What is the test for determining whether a defendant is liable for a motor vehicle accident?
British Columbia, Canada
What is the effect of losing access to a lane?
Ontario, Canada
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion?
Ontario, Canada
What is the test for determining damages for future earnings loss?
British Columbia, Canada
What is the current state of the law on third party claims for declaratory relief under Rule 22(1)(c)?
British Columbia, Canada
Is a plaintiff entitled to a declaration of trust against his sister and her husband?
Ontario, Canada
What are the principles used by a court to assess damages under the Rules of Civil Procedure?
British Columbia, Canada
Is there any case law where evidence of hardship must be particularized?
British Columbia, Canada
What is the impact of the fifth criterion in assessing damages?
Yukon, Canada
What is the test for an interim mobility motion?
Ontario, Canada
What is the test for determining whether a mother's change in circumstance is in the child's best interest?
Ontario, Canada
What is the definition of urgency?
Ontario, Canada
What is the test for a disability claim at the Accident and Accident Review Tribunal?
Canada (Federal), Canada
When will the court order security in a claim for damages for destruction of the business?
Ontario, Canada
What is the test for determining success in a personal injury action?
Ontario, Canada
What is the test for an interim order under section 216 of the BCAA?
British Columbia, Canada
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law?
British Columbia, Canada
What is the test for damages for past loss of income earning capacity?
British Columbia, Canada
What is the test for making a distinction between race and ethnic minority status?
Saskatchewan, Canada
What is the test for overturning an Order requiring the Husband to pay back damages for wilful delay or default?
British Columbia, Canada
Is there any case law relating to undue influence or undue influence?
British Columbia, Canada
What is the scope of an officer’s review of a procurement officer's notes?
Canada (Federal), Canada
What is the threshold analysis in a motor vehicle accident where a plaintiff has sustained permanent impairment to one or more important function?
Ontario, Canada
What is the test for assessing a child’s best interests rather than that of the parents?
Ontario, Canada
Can an examination for discovery transcript be filed?
Alberta, Canada
What is the test for cancelling arrears in a personal injury case?
British Columbia, Canada
Is a parent's past parenting history relevant to the present circumstances?
Nova Scotia, Canada
Is a driver required to anticipate another driver’s actions to avoid a collision?
British Columbia, Canada
What is the thin skull rule in tort law?
British Columbia, Canada
What is the appropriate time for determining net income loss?
British Columbia, Canada
What factors must be considered by the courts in assessing a disability claim?
British Columbia, Canada
What is the test for pleading in a private law negligence claim against the province?
Ontario, Canada
Does the offence under section 92(15) of the Constitution Act, 1867 fall within the regulatory scheme of automobile insurance?
British Columbia, Canada
What is the test for wilful blindness in the context of a motion for personal injury?
Canada (Federal), Canada
What is the test for a claim for breach of trust and fiduciary duty?
British Columbia, Canada
When will a court grant leave to amend a pleading?
Ontario, Canada
How have courts considered viva voce evidence in an examination for discovery?
British Columbia, Canada
What is the indemnity rate for a partial indemnity cost?
Ontario, Canada
What is the basis for a stay?
British Columbia, Canada
Is it appropriate and even a practice to permit the opposing party to call reply evidence in a personal injury case?
Ontario, Canada
Are misrepresentations made by the deceased in responding to the health question form sufficient to prove fraud?
British Columbia, Canada
What is the defence of a police officer to an allegation of assault?
Alberta, Canada
What is the difference between a product and a patent for the process?
Canada (Federal), Canada
What are the reasons for judgment in the new trial on liability ordered by the Court of Appeal?
British Columbia, Canada
What is the impact of the Bank of Canada’s policy of limiting the amount of deposits made by the Bank to the customer by the borrower's own account?
Ontario, Canada
Is there any case law on compensation for loss of earning capacity when there is speculation that there is a real and substantial possibility that there may be an increase in interest rates?
British Columbia, Canada
What is the test for non-party questioning under rule 20(5)?
Ontario, Canada
What is the test for a fiduciary to return a property to its original owner?
Newfoundland and Labrador, Canada
What is the legal test for having an oral hearing?
British Columbia, Canada
What is the CRT's discretion to decide the format of the hearing?
British Columbia, Canada
What is the purpose of exclusion provisions under Article 1F of the Refugee Convention?
Canada (Federal), Canada
How has the adjudicator dealt with conflicting evidence central to the determination of whether the officer honestly suspected the respondent had alcohol in his body at the time of the stop?
British Columbia, Canada
If a deponent has no actual knowledge of the facts, can he seek undertakings or person with knowledge?
Ontario, Canada
What are the elements of a charge containing five components?
Ontario, Canada
What is the test for determining whether a defendant's negligence contributed to an injury?
British Columbia, Canada
Can an adjudicator resolve credibility disputes if the adjudicator's reasoning process is manifestly flawed?
British Columbia, Canada
Is Regulation 12 consistent with the provisions of the Health and Social Care Act?
British Columbia, Canada
In what circumstances will a judgment debtor be examined on his property?
Canada (Federal), Canada
What is the test for indemnifying a successful litigant for their costs?
Ontario, Canada
What is the current state of the law on credit splitting?
Canada (Federal), Canada
When will a court order a contextual analysis in the context of a claim?
Prince Edward Island, Canada
When is a child considered a child of the marriage?
British Columbia, Canada
What is the test for issue estoppel?
Canada (Federal), Canada
Is child care expenses pursuant to s.7(1)(a) of the Canada Social Security Act, s.8(2)(a), required to be extraordinary?
Nova Scotia, Canada
Is a plaintiff entitled to a portion of future care that will be publicly funded?
British Columbia, Canada
What considerations must a court consider in determining the reasonableness of the use of force by a police officer against a suspect?
Ontario, Canada
What is the test for obtaining new evidence after judgment has been rendered?
British Columbia, Canada
How much reduction is required for a reduction in salary to constitute a fundamental breach of employment law?
British Columbia, Canada
What is the test for striking a pleading?
British Columbia, Canada
When will a court order joint ownership of a property?
Nova Scotia, Canada
How many chiropractic sessions have been limited to 12?
British Columbia, Canada
Can a party obtain enhanced costs in a personal injury case?
Ontario, Canada
What is the test for establishing that there are conflicting versions of events?
British Columbia, Canada
How have intervenes been interpreted in the context of the Court of Appeal's decision not to oppose an application?
British Columbia, Canada
What is the test for credibility in a sexual assault case?
British Columbia, Canada
What is the effect of a prothonotary’s order in striking off a plaintiff?
Nova Scotia, Canada
What is the test for placing a plaintiff in an injured position?
British Columbia, Canada
Is a plaintiff liable for any additional damage caused by a crumbling skull?
British Columbia, Canada
What is the effect of having two children in the same residence with the same parent?
British Columbia, Canada
What is the test for terminating a contract of employment for an indefinite period?
Ontario, Canada
What is the standard of review under the Privative Clause?
Yukon, Canada
Does the Attorney General have any authority or authority to “opting in” in the context of Section 64(1) of the Statutory Review Act?
British Columbia, Canada
What is the scope of the application before the Court of Appeal of Strata Plan VR?
British Columbia, Canada
What are the per se fiduciary duties of an executor-beneficiary?
British Columbia, Canada
What is the test for a party to plead before a court?
British Columbia, Canada
What is the test for negligence misstatement?
Nova Scotia, Canada
Can a municipality enforce a public right against a party who is in breach?
Alberta, Canada
Does the doctrine of mootness apply to an action or proceeding?
Manitoba, Canada
What is the test for intervenor status in a civil matter?
British Columbia, Canada
What is the range of damages a plaintiff can expect from his notice period?
British Columbia, Canada
What is the current state of the law on the issue of joint experts on financial matters in a family action?
British Columbia, Canada
What is a party's disability?
Ontario, Canada
What is the test for requiring expert evidence to prove deficient work?
British Columbia, Canada
Can a self-represented litigant prosecute an action that had not yet been certified?
Ontario, Canada
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award?
Ontario, Canada
What is the nature of a risk assessment?
Newfoundland and Labrador, Canada
What is the agency's burden of explanation in its reasons for a finding of fact?
Canada (Federal), Canada
How is spousal support calculated and what is the impact of it?
Ontario, Canada
Does Age-Less have the right to conduct an examination of a judgment creditor of a party to a subsequent action commenced by the judgment creditor?
Ontario, Canada
In what circumstances will a court order that a spouse's allocation of pre-tax corporate income between family purposes be assessed for fairness by an impartial tribunal?
British Columbia, 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 admissibility of documents at a trial?
British Columbia, Canada
What is the threshold for a material change in circumstances where the circumstances relied upon are not known?
British Columbia, Canada
What is the essence of the contempt authority to reassert the rule of law?
Ontario, Canada
What is the current state of the law and procedures at the border entry at Vancouver International Airport?
British Columbia, Canada
What is the test for actionable negligent misrepresentation?
Nova Scotia, Canada
How has the court in BC considered an offer made to an opposing party that was open for acceptance?
British Columbia, Canada
When will a joint custody order be granted?
Ontario, Canada
What is the test for “Misconduct”?
British Columbia, Canada
What is the proper approach to claims for loss of earning capacity?
British Columbia, Canada
Can an applicant give evidence at a confirmation hearing?
Alberta, Canada
What is the standard of review in a judicial review of an employment tribunal case?
British Columbia, Canada
What is the test for describing privileged documents?
Alberta, Canada
How have courts dealt with the issue of credit for the dismissal of a servant?
Saskatchewan, Canada
Is now est factum binding or binding?
Saskatchewan, Canada
What is the test for a breach of section 24(2) of the Charter?
Ontario, Canada
Can shareholders of a corporation sue for losses incurred by the company?
British Columbia, Canada
Is a tenant protected against subrogation under a lease that requires a landlord to obtain insurance?
Alberta, Canada
Does solicitor privilege apply to communications between solicitor and client?
Ontario, Canada
What is the test for having to pay 50% of a judgment against a bankrupt?
Alberta, Canada
What is the standard of care for a seven year old who is injured in an accident?
Alberta, Canada
Is Rule 66(29.1) limited to lump sum costs?
British Columbia, Canada
What is the purpose of section 8 of the Charter and what is the scope of the search and seizure?
British Columbia, Canada
What conceptual approach has been applied to the issue of future loss of earnings?
British Columbia, Canada
Is there any foreseeability of harm when the oil furnace and oil fill pipe were left in place in 1979?
Ontario, Canada
What is the test for interpretation of a contractual exclusion clause in a policy of insurance?
Alberta, Canada
What is the legal context for a determination of a parent's best interest in a child by a judge in a custody application?
Saskatchewan, Canada
What is the community response to the victim’s lack of access to independent legal advice?
Ontario, Canada
What is the "but for" test in the context of liability claims in motor vehicle accidents?
British Columbia, Canada
Is there any difference between a road allowance and a park for the public?
Ontario, Canada
What is the purpose of paragraph 117(9)(d) of the Rules of Civil Procedure and Civil Procedure, or is it limited to deliberate or fraudulent non-disclosure?
Canada (Federal), Canada
How have courts accepted the explanation of the evidence of a driver who was found asleep in the driver’s seat, with the motor vehicle running, and with the automatic transmission in “Park”?
Nova Scotia, Canada
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child?
Ontario, Canada
What is the test for an unjust enrichment claim?
Ontario, Canada
Can harsh pre-sentence incarceration conditions provide mitigation apart from and beyond the 1.5:1 credit referred to in s. 719(3.1)?
Ontario, Canada
How have the parties dealt with the issue of costs between them?
Ontario, Canada
Does the inequality test apply to limitation periods in municipal legislation?
Canada (Federal), Canada
What is the test for establishing a fiduciary relationship?
Canada (Federal), Canada
How has Rule 25.11 of the Rules of Civil Procedure been interpreted?
Ontario, Canada
What is the test for a loss of interdependent relationship?
British Columbia, Canada
What is the legal test for having an oral hearing?
British Columbia, Canada
What is the test for proving a prima facie breach of section 15(1) of the Criminal Code of Canada?
Ontario, Canada
What is the test used to determine post-accident, pre-trial losses?
British Columbia, Canada
Is a successful party entitled to a judgment from the Court of Appeal pending an appeal?
British Columbia, Canada
What is the test for transferring a youth charged with a violent senseless murder to an ordinary court for trial?
Saskatchewan, Canada
What are the costs under s. 2(5) of the BC Revenue Code?
British Columbia, Canada
Is a settlement agreement a form of contract?
Nova Scotia, Canada
Is a successful party in a family law case entitled to costs?
Ontario, Canada
Does estoppel apply when an issue has been decided in a previous proceeding?
Canada (Federal), Canada
What is the appropriate amount for an adult child to leave home to pursue post-secondary education?
Alberta, Canada
What is the standard of review in the context of standard review on mixed fact and law?
Alberta, Canada
What is the test for a rule similar to section 172 of the Rules of Civil Procedure?
Canada (Federal), Canada
Does a judge make two errors in determining whether a parent’s reason for moving is relevant?
Ontario, Canada
Can a witness testify as to statements made to that witness by someone else?
Ontario, Canada
In a personal injury action against a co-respondent, what is the test for damages?
Saskatchewan, Canada
Is a demand note valid for the purposes of the Limitation Act?
British Columbia, Canada
What is the proper interpretation of the Mechanics' Lien Act?
Ontario, Canada
What is the test for relief for a vendor who has been ordered to hand over all of its funds to a third party?
British Columbia, Canada
What are the requirements of natural justice in a sexual assault case?
Ontario, Canada
Does Children's Aid Society have to prove that a child for whom they are seeking Crown Wardship is adoptable?
Ontario, Canada
What are the implications of the BCSC’s Costs provisions in the context of litigation costs?
British Columbia, Canada
Is Rule 24 of the Family Court Rule 24 (1) a presumption of costs against the successful party?
Ontario, Canada
What is the test for reasonableness in the context of an application for an indefinite adjournment of a criminal trial?
Ontario, Canada
What is the test for determining whether a property is unique?
Ontario, Canada
What is the test for interim remedies?
Ontario, Canada
What is the effect of having no knowledge of the relationship between her lover and her husband when she became pregnant?
Manitoba, Canada
What is the test for res judicata?
Ontario, Canada
Is a Direction to Pay and Irrevocable Assignment of Proceeds a single transaction?
British Columbia, Canada
Is Xira entitled to repudiate (refuse) the lease?
British Columbia, Canada
Is a restaurant owner who asked a complainant not to smoke marijuana close to the restaurant's entrance an intended retaliation for the complainant?
Ontario, Canada
What is the test for a temporary spousal support application?
Ontario, Canada
What is the reasonableness of a settlement based on risk and cost factors?
Ontario, Canada
Can a solicitor be held liable to a named beneficiary in a will?
Ontario, Canada
What is the presumption of undue influence in real estate transactions?
British Columbia, Canada
What is the test for assessing the credibility of a witness?
British Columbia, Canada
