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 a motion of appeal against a finding that a parent has not met his/her burden?
Nova Scotia, Canada
Can a defendant borrow against the cash surrender value of an insurance policy to retain new legal counsel?
British Columbia, Canada
What standard of in-court interpretation applies to civil proceedings such as these?
British Columbia, Canada
What is the test for foreseeability in the context of a claim for negligence?
Saskatchewan, Canada
If damages are only sought for in England, can a plaintiff bring an action for criminal conversation in this province?
Saskatchewan, Canada
What is the difference between a trial judge and a superior court?
Saskatchewan, Canada
What is the test for a defendant to establish that a plaintiff has failed to mitigate their loss?
British Columbia, Canada
What is the test for determining whether a plaintiff’s right shoulder injury was sustained as a result of an accident/accident?
British Columbia, Canada
What is the current state of the law and terminology respecting lost future income and earning capacity?
Nova Scotia, Canada
Is there an intention to abandon when a permanent structure has been constructed over a right of way?
Ontario, Canada
What is the test to determine whether a party understood the consequences of a marriage agreement?
British Columbia, Canada
What is the test for relief by way of mandamus with certiorari?
Ontario, Canada
What are the general principles of a motorcyclist's liability in a collision involving a truck driver?
British Columbia, Canada
Is a soil contamination claim not insured on a "first party" basis?
Nova Scotia, Canada
What is the test for a draft jury in a personal injury case?
Ontario, Canada
What factors will the court consider when imputing income from a parent?
British Columbia, Canada
What are the implications of a formal offer to settle?
British Columbia, Canada
Does a date set in November 1991 have to be determined by a judge made discoverability?
Manitoba, Canada
When will a warranty be exhausted for the sale of a bull for breeding purposes?
Ontario, Canada
In what circumstances will a court order expunge an improper affidavit?
British Columbia, Canada
How has the Law Society of Upper Canada dealt with professional misconduct cases?
Ontario, Canada
Can a court award costs for bad faith conduct under 24(8) of the FLR?
Ontario, Canada
What is the timetable for the hearing of a motion for cross examinations, cross examinations and factsums?
Ontario, Canada
What is the test for custody of a child who is not a biological sibling?
Saskatchewan, Canada
Can a finding of fact "could have created a latent defect" create a legal leverage to void a purchase agreement?
Nova Scotia, Canada
What is the legal test for determining the validity and strength of a plaintiff's claim at trial?
British Columbia, Canada
What is the difference between estoppel and cause of action?
British Columbia, Canada
What is the test for reasonable care of a spectator at a ski and snowboard event?
Nova Scotia, Canada
What is the definition of discrimination in the context of employment law in Canada?
Alberta, Canada
Is a plan included in the description of land conveyed in a grant?
British Columbia, Canada
What is the impact of hypothetical events on an assessment of past and future earning capacity?
British Columbia, Canada
What is a judge’s duty to deal with "likely to give material evidence"?
British Columbia, Canada
What is the test for a "de novo" review of a decision of the Chief Commissioner of Human Rights?
Saskatchewan, Canada
What is the difference between a testator’s mode of giving residue and giving legacy?
Saskatchewan, Canada
What is the standard for reasonable care and skill of a bank?
British Columbia, Canada
What is the standard of conduct of a police officer in an assault case?
Alberta, Canada
What is the current state of the law on discrimination against a married couple who live together without being married?
Alberta, Canada
What is the test for compelling reasons to refuse to grant refugee status?
Canada (Federal), Canada
When will the Court of Appeal intervene to salvage a judgement for which there is insufficient trial reasons?
Ontario, Canada
How does a p-value affect the reliability of a report?
Ontario, Canada
What is the current state of the law on interim spousal support applications?
Saskatchewan, Canada
When will a will be set aside for mistake induced by fraud?
Saskatchewan, Canada
What is the standard of care for a 16-year-old girl in a motor vehicle accident?
British Columbia, Canada
What is the current state of the solicitor/client relationship?
Ontario, Canada
What is the test for "fundamental justice" in s. 7 of the Canadian Bill of Rights?
Alberta, Canada
What are the implications of Rule 66(29.1) and Rule 37?
British Columbia, Canada
What is the test for a claim for the cost of future care?
British Columbia, Canada
In what circumstances will a word be interpreted in its ordinary, grammatical sense?
Saskatchewan, Canada
What are the costs of computerised legal research used in a personal injury case?
British Columbia, Canada
In what circumstances has the Court considered a denial of natural justice in a s. 11 determination under the Criminal Code?
British Columbia, Canada
In what circumstances will the Commissioner of Public Prosecutions apply to the motion picture industry?
Canada (Federal), Canada
Can a bar owner use force to eject an uncooperative patron who refuses to leave the premises?
Saskatchewan, Canada
What are the consequences of injuries sustained to a plaintiff's business?
British Columbia, Canada
What is the test for remedial powers under s. 85 of the BC S.85(1) of the Rules of Civil Procedure and Procedure to amend a society's bylaws?
British Columbia, Canada
What is the effect of a stay of proceedings?
Canada (Federal), Canada
What are the principles to be applied in retroactive variation of support?
British Columbia, Canada
What is the test for calling a witness who might be expected to give supporting evidence?
British Columbia, Canada
What is the test for determining an award in a personal injury case?
British Columbia, Canada
Is Rule 31 of the Rules of Court applicable to a notice to admit proceeding?
British Columbia, Canada
What is the test for imputation of higher income on behalf of a payor?
Alberta, Canada
What is the test for dividing the assets of a husband and wife who have been married for 30 years?
British Columbia, Canada
What is the test for discovery in civil litigation?
Alberta, Canada
What is the effect of a Registrar dismissing an action as abandoned or for delay?
Ontario, Canada
What is the test for determining a retirement date for a pensioner's property?
Ontario, Canada
Is financial dependence a factor in determining whether two people are spouses?
British Columbia, Canada
Can a lawyer owe a duty of care to a non client?
Saskatchewan, Canada
Is a child's father required to contribute towards their post-secondary expenses?
Alberta, Canada
Is there any case law where a cell phone was not available during a police delay?
Ontario, Canada
What is the legal test for wrong answers on discovery?
Ontario, Canada
Can a personal action in defamation relating to union activities outside the field of labour relations be brought?
Ontario, Canada
What is the test for determining whether a person with intent intended to cause harm?
Nova Scotia, Canada
What are the reservations of the Court of Appeal against any attempt to withdraw an admission on appeal?
Alberta, Canada
Does a preliminary determination that a prospective immigrant is not qualified in his or her occupation constitute an assessment?
Canada (Federal), Canada
In what circumstances will the Court award special costs in a family law proceeding?
British Columbia, Canada
Does a vendor have a duty to express their words clearly to the purchaser?
Alberta, Canada
Is there any precedent for increased costs in a contingency agreement where there has been significant recovery under contingency agreements?
British Columbia, Canada
What is the legal test for an action for nullity?
British Columbia, Canada
What is the onus on a party seeking to set aside an agreement that was entered into the agreement?
British Columbia, Canada
How have the courts in Adelaide considered a question of law?
Ontario, Canada
Is it appropriate to re-open a hearing to receive oral evidence in cases of conflicting evidence?
British Columbia, Canada
In what circumstances will a lawyer be identified as an intervenor in a trial?
Alberta, Canada
Is this insurance coverage case suitable for summary trial?
British Columbia, Canada
What is the standard of conduct in aboriginal rights litigation?
British Columbia, Canada
Is a husband's wife entitled to a portion of land acquired during their relationship as a gift or inheritance?
Nova Scotia, Canada
Is a spousal agreement binding on property settlements?
Manitoba, Canada
What is the test for adding new defendants on the motion of an existing defendant?
British Columbia, Canada
What is the meaning of the word "release"?
Ontario, Canada
What is the test for damages for misrepresentation?
British Columbia, Canada
What is the test for assessing a spouse's need and self-sufficiency?
British Columbia, Canada
Does the Court of Appeal have any authority to grant leave to appeal to appeal?
Ontario, Canada
Can a summons issued in English only be served in French?
Canada (Federal), Canada
What is the test for prima facie evidence and its application to the facts?
Canada (Federal), Canada
What is the fundamental concern of the courts in family cases?
Ontario, Canada
What are the findings of the O’Reilly #1 decision in the Novopharm Infringement Proceedings?
Ontario, Canada
What is the appropriate penalty for gross misconduct by the Law Society of Upper Canada?
Ontario, Canada
What is the standard of proof for a jury in a sexual assault case?
Canada (Federal), Canada
What is the test for severing a joint tenancy?
British Columbia, Canada
What is the test for a prohibition on smoking cigarettes in public places?
Alberta, Canada
What is the test for injunctive relief in a trade dispute?
Saskatchewan, Canada
In what circumstances will a motion for summary judgment authorizing the sale of the matrimonial home be dismissed?
Ontario, Canada
What is the test to amend a notice of family claim?
British Columbia, Canada
Does the Attorney General need to consult other parties before making a decision to prosecute?
Canada (Federal), Canada
What is the fiduciary duty of a solicitor?
British Columbia, Canada
What is the scope of a search warrant search in a residential unit?
British Columbia, Canada
What is the relevant case law in relation to the motion which is the subject of this endorsement?
Ontario, Canada
What is the test for standing in a motion for quo warranto?
Canada (Federal), Canada
What is the test for finding that a parent who communicates at cross-purposes with their child's mother can not have joint custody?
Ontario, Canada
What is the duty of care owed to a real estate appraiser?
Ontario, Canada
What is the test for equitable sharing of the economic consequences of a dissolution of a marriage?
Nova Scotia, Canada
What is the test for whether an initial deposit under BCSC 10 is required to be paid by a certified cheque or bank draft?
British Columbia, Canada
What is the test for proving that someone has committed a crime in a criminal case?
British Columbia, Canada
What is the defence of self-defence in a murder case?
Alberta, Canada
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application?
Alberta, Canada
Is a father's intention to maintain complete control of a deposit receipt during his lifetime to his son only after his death effective testamentary disposition?
Saskatchewan, Canada
Is a plaintiff's medical report privileged?
British Columbia, Canada
What is the test for determining the meaning of a penal statute when there is a reasonable ambiguity?
Alberta, Canada
What is the test for determining just how to proceed in a personal injury case?
British Columbia, Canada
Can a creditor and debtor agree to forbear enforcement of a debt?
Ontario, Canada
Is there a difference between legislation which treats one section of the population more harshly than all others by reason of race and legislation providing additional benefits to one class of women?
Alberta, Canada
When will a court order an interim order to place a temporary order on a temporary parent?
Ontario, Canada
What is the test for admitting and admitting certificates in a voir dire?
British Columbia, Canada
Can silence amount to fraud?
Alberta, Canada
What is a plaintiff's duty to mitigate in a personal injury action?
British Columbia, Canada
What is the test for an agreement to be binding between the parties?
British Columbia, Canada
Is there any order or practice that authorizes for categorization of documents by legal issue?
British Columbia, Canada
What is the effect of deducting a pension from a disability income tax deduction?
Alberta, Canada
In what circumstances will a judge strike a plaintiff's pleadings?
British Columbia, Canada
What is the test for an effective resignation?
British Columbia, Canada
What is the legal test for the admissibility of a newly developed scientific opinion?
British Columbia, Canada
What is the test for establishing negligence in a strata?
British Columbia, Canada
Can a motion to strike the jury in a medical malpractice action be struck out after a jury has been struck out?
Ontario, Canada
What is the law on the duty of an insurance agent?
New Brunswick, Canada
Does declaratory relief need to be sought before a jury?
British Columbia, Canada
What is the test for a right of refusal?
Canada (Federal), Canada
Can an injunction be used to prevent the wrongful cutting and exportation of ice from a plaintiff's pond?
Ontario, Canada
What is the material obstacle to a divorce application?
British Columbia, Canada
How have courts interpreted the Interest Act?
Alberta, Canada
What is the test for awarding a contract on a quantum meruit basis?
Ontario, Canada
What is the test for equality in s. 15(1) of the Charter?
Canada (Federal), Canada
What is the test for determining whether there is a prohibited ground of discrimination?
British Columbia, Canada
What is the test for a frivolous motion?
Ontario, Canada
In a sexual assault case, in what circumstances will the accused have his statements excluded?
British Columbia, Canada
Is a solicitor's relationship with a client a contractual relationship between solicitor and client?
British Columbia, Canada
How much detail does a litigation plan need to address?
Ontario, Canada
What is the test for admitting surreptitious participant recordings?
Ontario, Canada
What is the test for causation in negligence?
British Columbia, Canada
What is the legal test for judicial review of a 24-hour driving prohibition?
British Columbia, Canada
Can a breach of the Criminal Code constitute a tort in Canada?
British Columbia, Canada
How is child support calculated in shared custody cases?
British Columbia, Canada
Does an applicant have the capacity to form an intention to apply for benefits?
Canada (Federal), Canada
What decisions have been reviewed and applied in this province?
New Brunswick, Canada
Does the trial of a defendant have to commence after the selection of the jury?
Ontario, Canada
What is the test for establishing "legitimate ground" in a Habeas corpus application?
Nova Scotia, Canada
What is the test for an application under Rule 49.09?
Ontario, Canada
What is the applicable standard of review for patent unreasonableness?
British Columbia, Canada
Is a lessor obligated to keep access to a common staircase safe?
New Brunswick, Canada
What is the standard of care required for a doctor to ask a patient for consent?
British Columbia, Canada
Does the court have an obligation to respect an individual's agreement with respect to their rights and liabilities following their separation?
British Columbia, Canada
Does a vendor have an obligation to disclose facts related to the subjective considerations of the purchaser rather than the intrinsic quality of the property?
British Columbia, Canada
In what circumstances will a court grant an easement to a property where the easement is not in place?
Ontario, Canada
What are some cases dealing with the issue of acquiescence?
British Columbia, Canada
What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support?
Ontario, Canada
What is the test for reversing a finding of fact in a sexual assault case?
British Columbia, Canada
In which rebuttal evidence should not have been admitted?
British Columbia, Canada
What is the impact of a shooting incident on a driver's ability to continue driving?
Manitoba, Canada
How have courts interpreted section 8 and 9 of the Rules of Civil Procedure in medical malpractice cases?
Nova Scotia, Canada
What is the test for a wrongful dismissal action?
Alberta, Canada
What is the onus of proving damages in a motor vehicle accident?
New Brunswick, Canada
Is the adjudicator entitled to make findings of fact on conflicting evidence?
British Columbia, Canada
What is the test for determining whether a medical form is "informative" to a patient?
Alberta, Canada
What is the test for determining whether a reasonable person in a plaintiff's position would have undergone the same surgery if properly informed of the risks?
British Columbia, Canada
What is the effect of the most unusual wording in the minutes of a civil trial?
Ontario, Canada
What is the test for an application to set aside an interim order?
Saskatchewan, Canada
Is there any case law that supports the argument that a trial is dictated by viva voce evidence?
Ontario, Canada
What is the test for substantial prejudice?
British Columbia, Canada
What is the real complaint of the petitioner in her application for a reduction in the amount of maintenance paid by the respondent?
British Columbia, Canada
What is the legal test to approve a third party funding agreement?
Ontario, Canada
In a personal injury action brought by the mother of a child, is the mother's right to continue with the litigation?
Ontario, Canada
How have the courts dealt with the issue of domicile in a covenant in a separation agreement?
Saskatchewan, Canada
Is a prisoner entitled to full disclosure of information provided by the CCRA?
Ontario, Canada
What is the test for punitive damages in a case brought by the Church of Scientology?
Ontario, Canada
Is there a commercial host who hosts a ski and snowboard competition where the host is intoxicated?
Ontario, Canada
What is the test for proportionality and reasonableness when determining the amount of costs in a personal injury case?
Ontario, Canada
What is the burden of proving false arrest and imprisonment under s. 494 of the Criminal Code?
British Columbia, Canada
What is the reasonableness standard for a judicial review of a decision made by an adjudicator?
British Columbia, Canada
Does a judge have a duty to ensure that an accused receives a fair trial?
New Brunswick, Canada
Is Country Lumber's consent order agreement with unperfected lien claimants enforceable?
British Columbia, Canada
What is the test for determining whether goods have reached their ultimate destination?
Ontario, Canada
What is the test for economic regulation in Canada?
Canada (Federal), Canada
How has the hearsay rule been interpreted in the context of expert testimony?
Ontario, Canada
What is the test for determining that there is no cause of action in negligence?
Ontario, Canada
What is the test for reasonable time?
British Columbia, Canada
What is the test for disclosing personal information about a plaintiff to the media?
British Columbia, Canada
What factors are considered to be in favour of adopting a child from a biological parent when there is a clear imbalance between the parties?
British Columbia, Canada
When will a court allow an adult child to become an independent adult child?
British Columbia, Canada
What are some examples of civil cases involving Minister of Justice (Minister of Justice) Minister for Justice?
Ontario, Canada
What is the purpose of the two subsections of the Corporations Act?
Canada (Federal), Canada
What is the impact of conflicts of interest between lawyers in law?
Alberta, Canada
What are the fiduciary duties of a trustee in a personal injury case?
British Columbia, Canada
What is the greater fault of a former solicitor in a personal injury action?
British Columbia, Canada
