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 onus on a defendant seeking to deduct future accident benefits?
Ontario, 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
What is the consequence of an indefinite suspension followed by a two-month definite suspension?
Ontario, Canada
Does correspondence between the parties in a motor vehicle accident claim a waiver of any proof of loss that was not delivered?
Ontario, Canada
What are the relevant legal principles relevant to the issues before me?
British Columbia, Canada
Does the doctrine of forum non conveniens apply against defendants who were not in Canada during the Class Period?
Ontario, Canada
What is the test for a jury to overturn a finding that a jury misapprehended or misunderstood the evidence?
Saskatchewan, Canada
What is the current state of the law on the reliability of opinion evidence?
Ontario, Canada
What is the quantum of costs awarded in a personal injury action?
Prince Edward Island, Canada
What is the burden of proof for discrimination against a police force?
Ontario, Canada
What is the standard of care owed by a municipality to users of the road?
British Columbia, Canada
What is the test for an allegation of sexual assault where there is no evidence that there was any hope of advancement or fear of prejudice?
Alberta, Canada
What is the test for determining whether a historical access road is an access road?
Ontario, Canada
Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code?
British Columbia, Canada
What factors are considered to determine whether to bring a class action?
Ontario, Canada
What is the current state of the law on disclosure of privileged documents?
British Columbia, Canada
Is a plaintiff required to tender expert evidence on the standard of care?
British Columbia, Canada
What factors will a court consider in determining the sentence for possession of a sawn-off shotgun?
Ontario, Canada
Are pension benefits in issue a form of non-deductible, non-indemnity insurance?
Canada (Federal), Canada
What is the scope of the reasonableness and proportionality of a cost determination in a personal injury case?
Ontario, Canada
What is the standard of care expected of a prudent real estate agent?
British Columbia, Canada
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged?
Saskatchewan, Canada
What is the legal test for using an earnings approach?
British Columbia, Canada
What is the test for a stay application?
Canada (Federal), Canada
What proportionality principles apply to disclosure in civil proceedings?
Ontario, Canada
Can a lawyer obtain a desk order for divorce from the opposing counsel?
British Columbia, Canada
What is the law on mutual debts?
Manitoba, Canada
What is the reasonable notice of an employee on termination without cause?
British Columbia, Canada
In what circumstances will a motor vehicle be insured in the absence of a safety check?
Alberta, Canada
What is the test for making interim payments from family assets?
British Columbia, Canada
Does the fact that a complaint may raise issues of credibility in the context of an application to dismiss be grounds for dismissal?
British Columbia, Canada
What are the factors used in determining whether to accept a complaint from a party who has been waiting six months?
British Columbia, Canada
What is solicitor and client privilege and what is its purpose?
British Columbia, Canada
What is the test for a motion for a no evidence motion in a sexual assault case?
British Columbia, Canada
What is the burden on the accused to establish that an order under S.O.I.R. would be grossly disproportionate to the interests of the public in registration?
Manitoba, Canada
What is the test for a contract that is unenforceable?
Saskatchewan, Canada
What is the threshold for a reconsideration of a decision by the Supreme Court of Canada?
British Columbia, Canada
Is there any concern for judicial economy or concern about judicial economy?
Canada (Federal), Canada
What is the definition of a transfer of assets between a husband and wife?
Canada (Federal), Canada
Does the applicant have the right to claim constructive dismissal if she continued to work for DiVinci between January 2006 and April 2006, even though her wages were paid intermittently?
Ontario, Canada
What is the test for producing a plaintiff's medical records?
British Columbia, Canada
In what circumstances will a witness be called by the prosecution?
Saskatchewan, Canada
Can hours accumulated outside the qualifying period be used to qualify for benefits?
Canada (Federal), Canada
What is the test for striking Rule 25.11?
Ontario, Canada
What is the test for late notice of a municipality's failure to provide notice to a plaintiff?
Ontario, Canada
Is a Form B valid if it was issued without the strata's consent?
British Columbia, Canada
In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act?
Ontario, Canada
What is the test for conducting examinations for discovery?
Ontario, Canada
When will the court grant access to the children to their grandparents?
British Columbia, Canada
What constitutes a pooling of funds for family purposes?
Ontario, Canada
What is the test for establishing that a trespasser is a licensee?
Alberta, Canada
What is the test for a jury to convict a defendant on two counts of common assault?
Prince Edward Island, Canada
What is the impact of the Royal Proclamation on the relationship between Indians and the colonists?
Ontario, Canada
What is the case law on equitable sharing of the economic consequences of marriage breakdown (compensatory model)?
British Columbia, Canada
Can a disposition be fraudulent conveyance?
British Columbia, Canada
Can a negative job reference give rise to a claim of discrimination with respect to employment?
Ontario, Canada
What is the standard of review of a decision by a tribunal?
Newfoundland and Labrador, Canada
What is the test for unjust enrichment in the context of a broken-up relationship?
Nova Scotia, Canada
What is the current state of the law on hearsay evidence?
Saskatchewan, Canada
What is the applicable standard of review in the context of a personal injury case?
Canada (Federal), Canada
Does the defence of due diligence apply to regulatory regulatory offences where the defence against due diligence is to be assessed by the trial court?
Ontario, Canada
What is the difference between an engineering report and material facts?
British Columbia, Canada
How has the court considered an application for indigent status?
British Columbia, Canada
What is the test for having a custody order under the Children’s Law Reform Act?
Ontario, Canada
Is hiring a ranch hand a form of compensation for lost income?
British Columbia, Canada
What is the test for oppression and unfair prejudice?
Ontario, Canada
Does a common law right to freedom of expression apply to section 2 of the Fraser Code?
Canada (Federal), Canada
What is the test for establishing that a physician's assessment of pain, disability and recommended treatment is based on a medical opinion?
British Columbia, Canada
Is there any irreparable harm to a family of six who have been brought to Canada from Tanzania?
Canada (Federal), Canada
Does a trial judge make a fatal error in determining the best interests of Cole?
Newfoundland and Labrador, Canada
What is the state of the law in relation to the authenticity of documents filed in a personal injury action?
Ontario, Canada
Is a father entitled to exclusive possession of the home?
Ontario, Canada
Is there any case law that supports the argument that a hockey stick fell into the face of another player's eye injury?
British Columbia, Canada
Is medical treatment that prevents a party from attending a hearing sufficient to cause the adjournment of a hearing?
Ontario, Canada
In what circumstances have courts accepted that a letter constitutes an acknowledgment of a cause of action?
British Columbia, Canada
Is disclosure of the identity of a client privileged?
British Columbia, Canada
How have the courts in BC dealt with the issue of a manager not always working nights?
British Columbia, Canada
What is the test for a parent's educational plan for their child?
Ontario, Canada
Is a property brought into the marriage and received by one of the partners a constructive trust interest in favour of the other spouse even if it has not increased in value?
Ontario, Canada
What is the test for gross negligence in a medical malpractice case?
Saskatchewan, Canada
What is the test for setting aside an order under Rule 22-1(3)?
British Columbia, Canada
Can a shareholder of a company file a certificate of pending litigation?
British Columbia, Canada
Is there a cause of action at common law to enforce statutorily-conferred rights?
British Columbia, Canada
Are there any cases where the police defendants have been ordered to pay costs of a self-represented plaintiff?
Ontario, Canada
What is the intent of the purchaser of a hot-tub at the closing of a real-estate transaction?
Ontario, Canada
What is the conceptual basis for spousal support?
Ontario, Canada
What is the test for a unionized employee to take their grievance to arbitration?
Canada (Federal), Canada
What is the test for monitoring the result of an employee's work?
Canada (Federal), Canada
What is the role of the court in determining the custody of a young child between 7 and 11 years old?
Ontario, Canada
In what circumstances will a court order maintenance for 10 years in a relationship where the recipient is unable to work?
Nova Scotia, Canada
What is the test for establishing that a spouse's support or maintenance obligation ends when the payor dies?
Ontario, Canada
What is the test for revocation of a licence?
Ontario, Canada
What is the definition of a commercial premises?
British Columbia, Canada
What is the test for meeting an extension to the time of trial for Delio's delay in presenting his mother's claim at trial?
Ontario, Canada
What is the test for enforcing a settlement under Rule 49.02(1) or Form 49A?
Ontario, Canada
What is the test for a plaintiff to be successful in a sexual assault case?
Ontario, Canada
Can a strata corporation add additional parties to its counterclaim and a third party claim?
British Columbia, Canada
Is there any case law where a parent has been found to be an objective parent?
Nova Scotia, Canada
What is the law governing lateral transfers of solicitors to a law firm acting against their client?
Newfoundland and Labrador, Canada
Is the common law common law methodology still relevant in constitutional litigation?
British Columbia, Canada
Does an employee have a right to be heard by an appeal panel after termination?
Nova Scotia, Canada
Is a defective information part of the record of a case?
Saskatchewan, Canada
What are the general principles to apply to a division of half interest in a long-term relationship?
British Columbia, Canada
What is the test for a personal injury damage assessment under Rule 18A?
British Columbia, Canada
What is the current limitation on future income loss for an infant's estate?
Alberta, Canada
What is the standard of review for a motion where a claim has been made that the claim is not reasonable?
Canada (Federal), Canada
What factors will be considered when assessing credibility?
British Columbia, Canada
What is the test for a plaintiff to bring a motion to amend her name to make changes to her name?
Ontario, Canada
Are special costs punitive and serve as a chastise to the offending party?
British Columbia, Canada
Is there a bar to continued tracing arising from a third party purchaser's purchase of a trust fund?
Ontario, Canada
What is the test for privacy protection in the context of Section 8 of the Criminal Code?
Alberta, Canada
In what circumstances will a defendant be found with a quantity of crack cocaine?
Ontario, Canada
What is the test for a patent application?
Nova Scotia, Canada
What is the test for determining the appropriate amount of spousal support pending trial?
Ontario, Canada
How should the court assess a loss of earning capacity?
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
Can a settlement be set aside if an applicant was under duress at the time, he signed it?
Ontario, Canada
Is there any difference between the way the courts deal with alleged past events and hypothetical events?
British Columbia, Canada
Is an easement necessary for the reasonable enjoyment of land granted by an owner of land and retains other parts himself?
Ontario, Canada
What is the tort of civil conspiracy in the context of lightweight aggregate litigation?
British Columbia, Canada
What is the difference between a parenting report ordered under s. 211 of the BC Family Law Code?
British Columbia, Canada
What is the test for establishing a real and substantial possibility?
British Columbia, Canada
What are the implications of section 121(2) of the Constitution Act, 1867 on the Canadian economy?
Canada (Federal), Canada
What are the factors used to determine whether a statement was reliable?
British Columbia, Canada
In a personal injury action, in what circumstances will an arbitrator accept a lump sum lump sum payment?
Ontario, Canada
What are the principles that apply to a spousal support claim?
Ontario, Canada
Is there a class period for tort and breach of fiduciary duty claims?
Nova Scotia, Canada
What is the test for rejecting a claimant's evidence on the grounds that it is not plausible?
Canada (Federal), Canada
What are the professional conduct guidelines for a lawyer who imposes conditions of trust on a vendor's solicitor?
Alberta, Canada
What is the test for invalidating a will?
British Columbia, Canada
In what circumstances will Master Chamberlist have to apply for interim spousal support?
British Columbia, Canada
Does a motion judge have any authority to apportion plaintiff’s costs on the same percentage basis as liability?
Ontario, Canada
Does a statement made in a quasi-judicial proceeding constitute absolute privilege?
British Columbia, Canada
What is the test for pleading that there are implied terms or oral amendments to a contract?
Ontario, Canada
Does solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor?
Alberta, Canada
How have courts interpreted the rule of common law in the context of personal injury cases?
British Columbia, Canada
In what circumstances will a public sector employee be able to go on strike?
Canada (Federal), Canada
What is the test for mitigation in a breach of contract case?
British Columbia, Canada
What is the legal standard applied and what is the meaning of the test?
Yukon, Canada
What are the implications of the Pierringer Order and the amended statement of claim?
Ontario, Canada
Can a court find a real estate agent liable in negligence for failing to provide evidence of customary practice?
Ontario, Canada
What is the test for reviewing a conviction by a trial judge in a sexual assault case?
Alberta, Canada
Does a plaintiff have a legally tenable claim against the proposed defendants?
Ontario, Canada
Does the Court of Appeal have any authority to interfere with the exercise of a trial judge in custody matters?
Ontario, Canada
What is the test for security of the person under s. 11(b) of the Criminal Code of Canada?
Ontario, Canada
Can a Registrar make a determination as to damages?
British Columbia, Canada
What is the test for material inducement in real estate transactions?
Saskatchewan, Canada
What is the test for terminating a trust created by the last will and testament of a deceased person?
British Columbia, Canada
What is the standard of correctness of a tribunal arbitrator's interpretation of common law?
Prince Edward Island, Canada
How has the but for test been applied in medical malpractice cases?
British Columbia, Canada
What is the effect of s. 548(1) of the Criminal Code on committal?
Ontario, Canada
What is the standard of review for procedural fairness?
Ontario, Canada
What is the test for establishing that a transaction is bona fide?
British Columbia, Canada
What is the test for adding parties in a personal injury action?
British Columbia, Canada
What is the test for establishing that a party with the onus must prove the relevant facts on a balance of probabilities?
Alberta, Canada
Does a limited hunting restriction on hunting in accordance with the terms of the Agreement?
Saskatchewan, Canada
What factors must the courts consider when assessing a claim for wrongful death?
British Columbia, Canada
What is the test for damages for delay in processing applications for permanent residence?
Canada (Federal), Canada
Can an adult child who pursues post-secondary education be considered a child of the marriage?
British Columbia, Canada
What is the standard of proof in the context of workers’ compensation law?
New Brunswick, Canada
What is the legal test for a stay of execution under the English application of the forum non conveniens analysis?
British Columbia, Canada
What are the principles of the Court of Appeal in cases where a party has declined to call a witness?
British Columbia, Canada
Is there a bare trust in a trust?
British Columbia, Canada
What is the legal test for summarily proceeding in a personal injury case?
British Columbia, Canada
What is the test for assessing the cost of future care provided to a plaintiff in a mental health case?
British Columbia, Canada
Is a new, more recent, general provision in the Criminal Code of Canada sufficient to replace or replace a previously inconsistent section of legislation?
Canada (Federal), Canada
What is the test for making each party bear their own costs in a personal injury action?
British Columbia, Canada
Can constructive trust be imposed to remedy an unjust enrichment?
British Columbia, Canada
What is the effect of perception in the context of a medical malpractice case?
Nova Scotia, Canada
What is the duty owed by an occupier of a premises to an invitee to that premises?
Saskatchewan, Canada
Is there any connection between an irregularity in the result of an election and the relief sought?
British Columbia, Canada
What is the test for determining whether a manufacturer of a product is responsible for a product's adverse effects?
British Columbia, Canada
What is the date of an interlocutory order suspending the respondent's licence?
Ontario, Canada
Does a licensing by-law that includes the names, addresses and telephone numbers of a landlord conflict with the provisions of the Personal Information Protection Act?
Ontario, Canada
What is a management fee for loss of past income or loss of earnings?
British Columbia, Canada
What are the principles applied by the courts in assessing the credibility of the accused?
Yukon, Canada
What is the proper approach to assessing the truth of testimony given by any interested witness?
British Columbia, Canada
What is the legal test for termination without notice?
British Columbia, Canada
Can a party in a commercial real estate transaction aborts the closing of the transaction and forfeits the deposit?
British Columbia, Canada
What are the elements of a home invasion?
Alberta, Canada
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage?
Ontario, Canada
Is there any connection between issuance of a danger opinion and cruel and unusual treatment?
Canada (Federal), Canada
What is the test for a motion to strike the vicarious liability claim?
British Columbia, Canada
What authority exists to establish that a court has jurisdiction in personam?
Alberta, Canada
What are the elements in Miracle Feeds?
British Columbia, Canada
What is the current standard of conduct for a lawyer who has been found guilty of misconduct by a panel of the Law Society of Upper Canada for failing to comply with the rules of professional conduct?
Ontario, Canada
What is the traditional approach to vary a final judgment or order?
Alberta, Canada
What is the test applied in medical malpractice cases where the specialist failed to possess or exercise reasonable degree of learning and skill?
British Columbia, Canada
Does the rule in Foss v Harbottle apply to the REIT in this action?
British Columbia, Canada
In what circumstances will a jury find that a horse was responsible for the death of a testator?
Saskatchewan, Canada
What is the legal test for winding-up of a private company?
British Columbia, Canada
If an employer has not responded to a Transit Union grievance, can the union claim damages?
Nova Scotia, Canada
Is there any case law supporting the argument of efficiency in the context of a motion to stay the application?
British Columbia, Canada
When will a lawyer be found to have a disqualifying conflict of interest if their client’s consent is not sufficient?
Newfoundland and Labrador, Canada
What is the meaning of the word "without prejudice" in the context of privileged correspondence?
British Columbia, Canada
What is the test for establishing a claim for loss of earning capacity in the future?
British Columbia, Canada
What is the test for a custody application for access to a child where the father has learned that the mother intends to move from Saskatoon to Australia with the child?
Saskatchewan, Canada
What is the test for committal in an extradition proceeding?
British Columbia, Canada
What is the test for bringing forward an application for a recognition order on an ex parte basis?
British Columbia, Canada
Can the court fix a sum to be paid in lieu of taxation?
British Columbia, Canada
