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 test for substantial contribution under section 498 of the Canadian Standards of Civil Procedure and Procedure Act?
Nova Scotia, Canada
What constitutes an abuse of the court’s process in a vexatious proceeding?
British Columbia, Canada
What is the effect of a finding of guilty in a Notice of Complaint?
New Brunswick, Canada
What is the test for assessing general or non-pecuniary damages?
Ontario, Canada
What is the current state of the law on past wage loss?
British Columbia, Canada
What is the effect of a visa officer's assessment of an applicant in the self-employed category?
Canada (Federal), Canada
Is a plaintiff entitled to spousal support based on her need?
British Columbia, Canada
Is a notice to appear on a Sunday valid?
Alberta, Canada
Can increases in income from efforts made after a separation be considered for spousal support?
Ontario, Canada
What are the consequences of a motor vehicle accident on a plaintiff?
British Columbia, Canada
How have courts dealt with collisions at rural intersections where the dominant driver of the servient vehicle, with the exercise of a proper lookout, could have avoided the accident?
Alberta, Canada
What is the current state of the law on consent in trespass claims?
British Columbia, Canada
On what basis can new evidence be admitted at a hearing?
British Columbia, Canada
What is the test for reasonableness of a taxing bylaw?
British Columbia, Canada
Is a court bound by the terms of a separation agreement?
Ontario, Canada
What is the case law on unanimous consent?
Ontario, Canada
In what circumstances will a court dismiss negligence or defamation claims?
Ontario, Canada
Is a payor intentionally under-employed or unemployed intentionally negligent in paying for their child’s education and health needs?
Ontario, Canada
What is a privy and what is its effect?
British Columbia, Canada
Can a party who signed an agreement for sale against the estate of a deceased vendor for an undivided one-half interest in a property be allowed to enter into the record of the transaction?
Alberta, Canada
What is the mitigation test for medical malpractice?
British Columbia, Canada
What are the principles in dealing with a claim for loss of future earning capacity?
British Columbia, Canada
What is the test for an application to have a defendant father's claim for damages arising out of his actions as a carer?
British Columbia, Canada
What evidence of the results of the search of the accused's residence was unlawfully obtained?
British Columbia, Canada
What is the current state of the law in the context of personal injury cases?
British Columbia, Canada
What is the test for reviewing an opinion of a trial judge?
British Columbia, Canada
What is the effect of Covid-19 on a claimant’s Line 150 income?
British Columbia, Canada
Is it in the public interest to accept a complaint?
British Columbia, Canada
Can a strata corporation charge a reasonable user fee for waste disposal for commercial and residential strata lots?
British Columbia, Canada
What is the test for assignment of rents under a mortgage?
British Columbia, Canada
How have courts dealt with unevenness of the surface of a paved surface of what is effect a walkway?
British Columbia, Canada
Can overriding royalties issue from an interest in land?
Canada (Federal), Canada
What is the test for a motion to stay a motion for a stay of execution?
Ontario, Canada
What is the test for finding employment termination for a person who is physically disabled?
Ontario, Canada
Does Application A need to be considered a missing description/definition?
Ontario, Canada
What is the test for reasonableness of testimony in a medical malpractice case?
British Columbia, Canada
What is the test for weighting evidence in a trial?
Ontario, Canada
Is there a duty of care in the medical malpractice case?
Ontario, Canada
What is the test for summary conviction in a criminal case?
Canada (Federal), Canada
How large is a laboratory's sample size?
Ontario, Canada
Can a shipper be relieved of his liability if the consignee refuses to pay the freight?
Alberta, Canada
What are the implications of the Court's remedial powers?
British Columbia, Canada
What is the evidentiary burden on a plaintiff to explain to the court why it was dismissed?
Ontario, Canada
What is the test for a finding of breach of the prohibited ground of discrimination?
British Columbia, Canada
What is the test for admissible evidence in the context of a motion for summary judgment?
British Columbia, Canada
What is the standard of reasonableness for the purpose of a judicial review of a finding of fact?
Canada (Federal), Canada
What is the test for calculating measurable risk in a motor vehicle accident?
British Columbia, Canada
What is the test for a defamation action?
Saskatchewan, Canada
Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action?
Alberta, Canada
What is the law regarding damages for loss of earning capacity?
British Columbia, Canada
What is the test for assessing the value of a person’s lost or impaired asset?
British Columbia, Canada
What is the limitation period for an amendment to an action raising a new cause of action?
Saskatchewan, Canada
What is the test for trustworthiness of a defendant in a criminal case?
Alberta, Canada
What are the legal tests for obtaining an interlocutory quia timet order to impound assets of a defendant without a trial?
British Columbia, Canada
What is the range of damages for injuries sustained in two separate accidents?
British Columbia, Canada
What is the test for determining whether a plaintiff has a mental impairment?
Ontario, Canada
What is the difference between a reasonable notice period and disability benefits?
British Columbia, Canada
What is the test for determining whether there is a but for?
Ontario, Canada
Does the respondent have a duty of fairness to exclude Mr Soave?
Canada (Federal), Canada
Does the unsuccessful plaintiff have to pay the costs of the successful plaintiff's third parties?
British Columbia, Canada
What is the test for wrongfully dismissed employees?
Alberta, Canada
What is the test for a motion to dismiss an application for a delay of more than two years?
Alberta, Canada
Is leave to appeal granted from a dismissal of a motion for summary judgment?
Ontario, Canada
Is a failure to meet a sales quota a cause for dismissal?
British Columbia, Canada
What objectives must be met when making an initial spousal support order under s. 15.2(6)?
British Columbia, Canada
Does a defendant have to defend their claim against a plaintiff?
Saskatchewan, Canada
What is the test for a "vexatious" claim?
Ontario, Canada
What is the "subjective component" of discrimination?
British Columbia, Canada
Is there an essential need to establish the factual basis in all Charter cases?
Saskatchewan, Canada
What is the test for obtaining back the proceeds of a fraudulent transaction?
Ontario, Canada
When there is no trial, can a final judgment based on an affidavit be based on affidavits?
British Columbia, Canada
In what circumstances will a court order that a plaintiff be examined by a psychologist?
British Columbia, Canada
In what circumstances have courts accepted psychological intimidation by a police officer?
British Columbia, Canada
How have the courts in Northern Ireland dealt with the issue of factual matrices?
British Columbia, Canada
Is there a duty of fairness in the making of the decision to ban smoking at Oak Ridge?
Ontario, Canada
Can a failure to pay a practice debt constitute professional misconduct?
British Columbia, Canada
What is the deductibility of collateral benefits in a personal injury case?
British Columbia, Canada
How have courts dealt with conflicting evidence in a civil matter?
British Columbia, Canada
What is the threshold for serious impairment in a motor vehicle accident?
Ontario, Canada
What are the legal presumptions of advancement and resulting trust?
British Columbia, Canada
Can a refugee adjudicator revise or amend his conclusion at the second stage of a second-stage immigration inquiry?
Canada (Federal), Canada
In a sexual assault case, in what circumstances will the accused have his statements excluded?
British Columbia, Canada
What is the test on a rule 21.01(1)(b) motion?
Ontario, Canada
What proportion of the total costs relating to the lease issue and damages?
British Columbia, Canada
In what circumstances will a court draw an inference of causation?
Ontario, Canada
What is the test for an application for indigent status?
British Columbia, Canada
Does the BCSC have discretion to award costs to unsuccessful parties?
British Columbia, Canada
Does the burden of a covenant not involving a grant run with the land?
Ontario, Canada
What is the range of damages for breach of contract when an employee is dismissed without reasonable notice?
Ontario, Canada
What is the "knock and announce" rule?
British Columbia, Canada
Is a benefit that has a monetary cost to an employer clearly and expressly granted under a collective agreement?
Canada (Federal), Canada
What is the standard of "reasonableness" at a tribunal?
Canada (Federal), Canada
What is the test for determining what is in the best interests of a child?
Ontario, Canada
Can a dependant claim be inconsistent with the claim on which it depends?
Canada (Federal), Canada
Can an insurer add an additional insurer to an insurance proceeding where the insurer was not aware of the potential claim for a period of years?
Nova Scotia, Canada
What is the likelihood of violence against a family member?
British Columbia, Canada
Can a party who puts the matter in issue have to provide the information at their own expense?
Nova Scotia, Canada
Can interim support orders be varied before the final disposition of the application for corollary relief is determined?
British Columbia, Canada
What is the final asset to be considered as a family asset?
British Columbia, Canada
What is the test for a jury to dismiss a defence case?
Ontario, Canada
If consent is not dispensed with, what is the effect of having two fathers?
Saskatchewan, Canada
What is the effect of estoppel on a plaintiff's right to continue to pursue a cause of action?
Ontario, Canada
What is the but for test in a personal injury action?
Nova Scotia, Canada
What is the effect of the rule of res judicata?
Ontario, Canada
What is the test for establishing that a party has agreed to something on an without prejudice basis?
Ontario, Canada
Can an opinion or opinion be excluded from evidence at trial?
British Columbia, Canada
How has the doctrine of paramountcy been interpreted in the context of divorce law?
Ontario, Canada
Does the court have any authority or authority to order interim maintenance for a child where the issue of paternity is in issue?
Manitoba, Canada
What is the test for a judicial review of a statutory decision?
British Columbia, Canada
What is the legal test for dissolution of a marriage?
Saskatchewan, Canada
What is the full terms of the agreement at issue?
British Columbia, Canada
What is the standard of review for the identification and application of the correct legal principles?
Manitoba, Canada
In what circumstances will a tortfeasor be able to claim damages for breach of contract?
British Columbia, Canada
What is inordinate delay in responding to undertakings?
Alberta, Canada
What is the test for the ex turpi doctrine in the context of personal injury claims?
Canada (Federal), Canada
What are the principles governing the issue of an interlocutory injunction in Mani-toba?
Manitoba, Canada
What is the test for a court to entertain a case in the absence of a live controversy?
Northwest Territories, Canada
Can non-insane automatism be a defence in a civil case?
Ontario, Canada
Does a prohibition against on the basis of unrelated criminal charges apply?
British Columbia, Canada
Can a holograph instrument be used in a will?
British Columbia, Canada
What is the test for driver’s right-of-way?
British Columbia, Canada
How can Rogers use surplus surplus in the Premier Pension Plan to fund benefits for new members or to take contribution holidays?
Canada (Federal), Canada
Is an aboriginal oral history admissible as evidence in a civil case?
British Columbia, Canada
What is the test for a plea of justification in the use of force?
British Columbia, Canada
Does the court have jurisdiction to make a binding declaration of maternity?
British Columbia, Canada
Can a dealer sell out of an account without any margin call?
British Columbia, Canada
What is the test for breaching a restrictive covenant in a condominium scheme?
Alberta, Canada
Can a variation of an order regarding distribution of matrimonial home proceeds be varied based on subsequent events?
British Columbia, Canada
What are the legal principles applicable to a motion for a further and better affidavit?
Ontario, Canada
What is the quantum of an 18 months' notice period for an employee who has been unjustified dismissal?
Newfoundland and Labrador, Canada
What is the reasonable suspicion standard and the use of sniffer dogs in traffic stops?
Alberta, Canada
What is the test for appeal against a discretionary order?
British Columbia, Canada
What are the operative errors at trial as to remedy and as to evidence?
Alberta, Canada
Does a solicitor acting for a party in a settlement negotiation have authority to bind their client to a settlement?
British Columbia, Canada
What is the consequence of a party failing to comply with a case management order?
Ontario, Canada
Does the allegation of constructive dismissal constitute a basis for striking the jury notice?
Prince Edward Island, Canada
Can a witness be excluded from giving evidence by reason of conviction of perjury?
British Columbia, Canada
What are the elements of a common law arbitration framework?
Ontario, Canada
What is considered substantial success in the context of international arbitration?
British Columbia, Canada
What is the test for wilfully allowing a judgment to go by default?
Saskatchewan, Canada
Is an invention in a mere adaptation of a well-known idea?
Ontario, Canada
What is the test for admissibility of a similar fact or prior discreditable conduct evidence?
Ontario, Canada
What is the test for rejecting the evidence of one witness as flawed?
British Columbia, Canada
Does a plaintiff have an obligation at the collision scene to identify the driver of the vehicle?
British Columbia, Canada
What is the effect of not speaking to your parents for some years after the death of your father?
Ontario, Canada
Is a firearms officer's decision not to grant a licence to an applicant reasonable?
Ontario, Canada
What is the test for “clean hands” in a claim in equity?
Ontario, Canada
In what circumstances have courts considered privacy as a Charter value in the common law tort of defamation?
British Columbia, Canada
What is the "immigrant intent" of the father in the context of a green card application?
Ontario, Canada
What is the effect of striking pleadings?
Ontario, Canada
When will a court order periodic child support for an adult child enrolled in post-secondary education?
British Columbia, Canada
Can a lawyer recover fees from a solicitor on a quantum meruit basis?
British Columbia, Canada
What is the effect of inflation on the value of money in a non-castrophe case?
Saskatchewan, Canada
What are the obligations of directors of a corporation that they control?
British Columbia, Canada
Does the deadline for submitting a request to the Assessor need to be set in 60 days?
Alberta, Canada
What is the executor's responsibility for legal fees?
British Columbia, Canada
What is the liability of a stranger to a trust?
Alberta, Canada
What is cause of action estoppel?
British Columbia, Canada
What is the impact of inadmissible evidence in an affidavit?
British Columbia, Canada
What issues and questions should be left before a jury?
British Columbia, Canada
What is the test for a jury to be called?
Ontario, Canada
What is the test for determining whether a delay of more than a year is reasonable?
British Columbia, Canada
When will a mortgagee be able to sue for the balance owing of a loan which has been foreclosed?
Alberta, Canada
How have courts interpreted the terms of a composition deed?
Ontario, Canada
Can a former mayor and city engineer make a guarantee that the status quo will not change?
British Columbia, Canada
What is the test for assessing non-pecuniary damages in a case brought by the Court of Appeal?
British Columbia, Canada
Is the observation of a lay witness as much weight as that of a doctor?
British Columbia, Canada
Does a person who makes a false statement have to make good the damage caused by the false statement?
Alberta, Canada
What is the test for establishing that evidence is credible and trustworthy?
Ontario, Canada
What is the legal foundation for awarding spousal support?
British Columbia, Canada
What is an unjust enrichment claim?
British Columbia, Canada
What is the test for obtaining security for child support?
Ontario, Canada
What is the case law on economic considerations in a custody dispute?
British Columbia, Canada
What is the test to be met for a certificate of pending litigation?
Ontario, Canada
Can a medical professional be found to have breached the standard of care by failing to follow the relevant guidelines and policies?
British Columbia, Canada
What is the test for terminating an employment contract?
Saskatchewan, Canada
Is a spousal and child support order requiring the Respondent to make a payment of money under s. 128(1) of the CJA?
Ontario, Canada
Can a court refuse to enforce a police enforcement clause in a parenting matter?
Ontario, Canada
Can a judge be found bias in the context of a personal injury?
British Columbia, Canada
Can a witness refer to a template containing pre-determined information to refresh their memory while testifying?
Ontario, Canada
What is a constructive trust and what is its effect?
Ontario, Canada
Is there any clear and unambiguous terms with respect to liability?
British Columbia, Canada
What is the testator’s intent when making a will?
British Columbia, Canada
What is the current state of the law on particulars?
British Columbia, Canada
What is the test for imputing retained earnings?
Saskatchewan, Canada
What is the difference between credibility and reliability in evidence?
British Columbia, Canada
What is the test for a plaintiff to claim damages from a third party under the Corporations Act?
British Columbia, Canada
What is the relevant factor when assessing costs in a medical malpractice case?
British Columbia, Canada
What is the test for assessing exculpatory evidence in a sexual assault trial?
Alberta, Canada
How have the courts treated the wife’s expenses in the context of the unequalized portion of the pension issue?
Ontario, Canada
What are the severance terms of a contract of employment?
British Columbia, Canada
Can a motion judge make a finding that no settlement agreement exists?
Ontario, Canada
What is the test for loss of straight time work?
British Columbia, Canada
Is the child of the marriage still considered to be a Child of the Marriage?
British Columbia, Canada
What is the role professional orders play in protecting the public interest?
British Columbia, Canada
How have the words “owned” and “owner” been interpreted in common law?
Ontario, Canada
What is the role of the court on an interim application for support?
Ontario, Canada
Is a purchaser's refusal to make the cash payment under an agreement for sale valid?
Saskatchewan, Canada
What is the test for unjust enrichment in Canada?
Prince Edward Island, Canada
What is the current state of the law on the role of advocates in the courts?
Alberta, Canada
