Article Index

Bottom Line Research regularly contributes to the academic study of law. Below is the compiled list of our articles, which are now available online. If you are looking for something specific, you may want to search the articles.

Legal Articles

• "Jurisdiction of Alberta Courts to Order Exclusive Possession of Foreign Property", Co-authors Pam L. Bell and Linda Jensen, (2024) 142 The Barrister 32

• "Vehicle Damage as a Factor in Assessing Causation and Extent of Plaintiff’s Injuries", Co-authors Aron Klein and Linda Jensen, (2024) 141 The Barrister 49

• "Assessing Remoteness in Family Members’ Claims for Psychological Injury", Co-authors Constantine Pefanis, Sandra Hart and Linda Jensen, (2024) 140 The Barrister 32

• "Alberta Automobile Insurance Reform: Review of Insurance Schemes Operating in Four Jurisdictions Outside Alberta", Linda Jensen, (2023) 139 The Barrister 47

• "Denial of Coverage and Diligence by Insured in Rebuilding after Property Loss", Co-authors Patricial Tiffen and Linda Jensen, (2023) 138 The Barrister 43

• "The Emerging Tort of Harassment", Co-authors Dan Colborne, Megan Kunz and Linda Jensen, (2023) 137 The Barrister 30

• "Principles Applicable to Court Decisions About Jurisdiction Rulings By Arbitral Tribunals", Linda Jensen, ADR Perspectives, Vol 10, No 2 May / mai 2023

• "Liability for Rear-End “Meat in the Sandwich” Motor Vehicle Accidents", Co-authors Walter Kubitz, Aron Klein and Linda Jensen, (2023) 136 The Barrister 31

• "Obtaining Leave for Non-Parties to Attend Questioning", co-authors Walter Kubitz and Linda Jensen, (2022), 135 The Barrister 24

• "Balancing Good Faith Obligations of Parties to an Insurance Contract", co-authors Catherine Langlois, Andrea Manning-Kroon and Linda Jensen, (2022), 134 The Barrister 45

• "Pandemic-propelled innovation in the Court System-where do we go from here?", Barb Cotton, (2022), 132 The Barrister 48

• "Celebrating our ACTLA Members through the Arc of ‘Comparative Blameworthiness’ Cases", Barb Cotton, (2022), 131 The Barrister 38

• "Declaration of Parentage in a Polyamorous Relationship: A Significant Step Forward", co-authors Barb Cotton and Christine Silverberg, (2022), 172 The Verdict 71

• "Is the New Law Relating to Expert Witnesses Unconstitutional? A Further Constitutional Challenge to The Evidence Amendment Act, 2020" (2022) Vol. 80 Part 1 The Advocate 41 (co-authors Bill McNally, Mike Tucker and Barb Cotton)

• "When is an Expert Report Provided "Late"?", with Stu Ross and Aron Klein, (2021), 130 The Barrister 70

• "Adverse Inference for Not Calling an Expert or Witness", with Stu Ross and Aron Klein, (2020), 128 The Barrister 49

• "Is the New Law Relating to Expert Witnesses in Motor Vehicle Cases Legal? Constitutional Challenges to the Evidence Amendment Act, 2020" (2020), 78(6) The Advocate 841

• "How to Overcome the ‘Black Ice Defence’" (2020), 128 The Barrister 13

• "Will the Court Order Future Cost of Care Damages for an Exoskeleton for a Plaintiff with a Spinal Cord Injury?", with Bill McNally and Aron Klein, (2019), 126 The Barrister 20

The Lawyer's Daily Articles

• "Court underscores importance of gatekeeping function of application for permission to appeal", author Barb Cotton, May 18, 2022, The Lawyer’s Daily

• "Ontario case suggests that abuse of opposing counsel may amount to family violence", author Barb Cotton, April 19, 2022, The Lawyer’s Daily

• "Potential scope of new tort of family violence", author Barb Cotton, April 5, 2022, The Lawyer’s Daily

• "Increasing damage awards to battered women", co-authors Barb Cotton and Christine Silverberg, February 11, 2022, The Lawyer’s Daily

• "Smart doorbells and invasion of privacy part two", co-authors Barb Cotton and Christine Silverberg, February 2, 2022, The Lawyer’s Daily

• "Smart doorbells and invasion of privacy part one", co-authors Barb Cotton and Christine Silverberg, January 31, 2022, The Lawyer’s Daily

• "Battered woman syndrome: Appeal court halves murder sentence", co-authors Barb Cotton and Christine Silverberg, January 19, 2022, The Lawyer’s Daily

• "Battered woman syndrome: Correcting the stereotype", co-authors Barb Cotton and Christine Silverberg, January 18, 2022, The Lawyer’s Daily

• "Likely measure of damages for revenge porn and other invasion of privacy torts: Alberta authority", co-authors Barb Cotton and Christine Silverberg, November 16, 2021, The Lawyer’s Daily

• "Likely measure of damages for revenge porn and other invasion of privacy torts: Seminal Ontario Cases", co-authors Barb Cotton and Christine Silverberg, November 12, 2021, The Lawyer’s Daily

• "Likely measure of damages for revenge porn and other invasion of privacy torts", co-authors Barb Cotton and Christine Silverberg, November 9, 2021, The Lawyer’s Daily

• "Alberta court clarifies interplay between protective Dower Act and matrimonial property division", co-authors Barb Cotton and Christine Silverberg, October 21, 2021, The Lawyer’s Daily

• "Recent Alberta cases illustrate child support obligations of stepparent", co-authors Barb Cotton and Christine Silverberg, August 31, 2021, The Lawyer’s Daily

• "Obligation of stepparent to pay child support", co-authors Barb Cotton and Christine Silverberg, August 25, 2021, The Lawyer’s Daily

• "SCCs Colucci ruling applied in recent Alberta judgment calling for government policy initiatives", co-authors Barb Cotton and Christine Silverberg, August 9, 2021, The Lawyer’s Daily

• "Grandparent’s rights enhanced by amendments to the Divorce Act?", co-authors Barb Cotton and Christine Silverberg, July 15, 2021, The Lawyer’s Daily

• "A principled approach to retroactive child support: Colucci v. Colucci", co-authors Barb Cotton and Christine Silverberg, June 28, 2021, The Lawyer’s Daily

• "Court implicitly upholds finding of parental alienation that amounts to family violence", co-authors Barb Cotton and Christine Silverberg, June 22, 2021, The Lawyer’s Daily

• "Alberta Court of Appeal upholds variation of parenting as consequence of contempt", co-authors Barb Cotton and Christine Silverberg, June 8, 2021, The Lawyer’s Daily

• "What are the implications of the recent affirmations that child support is the right of the child?", co-authors Barb Cotton and Christine Silverberg, May 31, 2021, The Lawyer’s Daily

• "Cost sanctions against self-represented litigants for incivility", co-authors Barb Cotton and Christine Silverberg, May 13, 2021, The Lawyer’s Daily

• "Alberta court wrestles with Gordian knot of adult interdependent partner claim", co-authors Barb Cotton and Christine Silverberg, April 29, 2021, The Lawyer’s Daily

• "Interplay between Clare’s Law in Alberta and amendments to Divorce Act", co-authors Barb Cotton and Christine Silverberg, April 14, 2021, The Lawyer’s Daily

• "The Newly Proclaimed Clare’s Law in Alberta", co-authors Barb Cotton and Christine Silverberg, April 7, 2021, The Lawyer’s Daily

• "More on ‘Judicial Refresh’ of Principles Governing Retroactive Child Support", co-authors Barb Cotton and Christine Silverberg, March 30, 2021, The Lawyer’s Daily

• "Alberta Court Interprets ‘Judicial Refresh’, of Principles Governing Retroactive Child Support", co-authors Barb Cotton and Christine Silverberg, March 26, 2021, The Lawyer’s Daily

• "Giving Effect to Voice of the Child", co-authors Barb Cotton and Christine Silverberg, March 4, 2021, The Lawyer’s Daily

• "SCC’s fluid treatment of ‘best interests of the child’ test: Recent Supreme Court authority", co-authors Barb Cotton and Christine Silverberg, February 19, 2021, The Lawyer’s Daily

• "SCC’s fluid treatment of ‘best interests of the child’ test: Seminal jurisprudence", co-authors Barb Cotton and Christine Silverberg, February 10, 2021, The Lawyer’s Daily

• "Emancipation of a Child: Cases", co-authors Barb Cotton and Christine Silverberg, December 9, 2020, The Lawyer’s Daily

• "Emancipation of a Child", co-authors Barb Cotton and Christine Silverberg, December 1, 2020, The Lawyer’s Daily

• "Duties of Opposing Counsel to Self-Represented Litigants", co-authors Barb Cotton and Christine Silverberg, September 25, 2020, The Lawyer’s Daily

• "Court’s Obligations in Dealing with Self-Represented Litigants: Limits to Assistance", co-authors Barb Cotton and Christine Silverberg, September 16, 2020, The Lawyer’s Daily

• "What are the Court’s Obligations in Dealing with Self-Represented Litigants?", co-authors Barb Cotton and Christine Silverberg, September 8, 2020, The Lawyer’s Daily

• "SCC Decision: Backdoor Escape from Financially Onerous Family Law Mediation/Arbitration?", co-authors Barb Cotton and Christine Silverberg, August 25, 2020, The Lawyer’s Daily

• "Being Rude in Court: Disciplinary Sanctions", co-authors Barb Cotton and Christine Silverberg, August 5, 2020, The Lawyer’s Daily

• "Being Rude in Court: Crossing the Line", co-authors Barb Cotton and Christine Silverberg, July 29, 2020, The Lawyer’s Daily

• "Remote Hearings. Examination of Witnesses: Practicalities", co-authors Barb Cotton and Christine Silverberg, July 6, 2020, The Lawyer’s Daily

• "Remote Hearings. Examination of Witnesses: Best Practices", co-authors Barb Cotton and Christine Silverberg, June 26, 2020, The Lawyer’s Daily

• "Alberta Follows Ontario Sanctioning ‘Upstream’ Litigation by Videoconference", Barb Cotton, June 10, 2020, The Lawyer’s Daily

• "Alberta Courts Stake Out Position on Pandemic and Parenting Issues", Barb Cotton, May 7, 2020, The Lawyer’s Daily

• "Importance of Vavilov to Family Law Mediation/Arbitration Process: Further Significance", co-authors Barb Cotton and Christine Silverberg, March 23, 2020, The Lawyer’s Daily

• "Importance of Vavilov to Family Law Mediation/Arbitration Process", co-authors Barb Cotton and Christine Silverberg, March 17, 2020, The Lawyer’s Daily

Recent Presentations

• Handout re Recent and Interesting Family Law Decisions 2023

• Slides re Recent and Interesting Family Law Decisions 2023

• Paper re Top Family Law Cases of 2021

• Slides re Top Family Law Cases of 2021

• Paper re Retrospective and Prospective Views of the Principles Regarding Retroactive Child Support

• Paper re Top Family Law Cases of 2020

• "Calculation of Cost of Future Care Damage Awards: Contingencies for Government Benefits" (with Walter Kubitz, Q.C. and Aron Klein)

• "Crib Notes on How to Write a Great Factum" (2018), 37:2 The Advocates' Journal 37

• "Recent Alberta Court of Appeal Treatment of Good Faith in Contract", presented to the Canadian Bar Association Solo And Small Practice Subsection South December 14, 2017

• "How the Alberta Court of Appeal has been articulating the test(s) for Summary Judgment/Summary Dismissal post Hyrniak v. Mauldin", presented to the Canadian Bar Association-Alberta Civil Litigation North Section November 22, 2017.

• "Spousal Misconduct as a Basis for the Award of Lump Sum Spousal Support" (2017), 124 The Barrister 6 (with Sharon Dalton and Linda Jensen)

• "Re-Opening a Proceeding to Introduce New or Further Evidence" (2017), 124 The Barrister 36 (with Rick Hemmingson and Andrea Manning - Kroon)

• "The Rule in Browne v. Dunn" (2017), 123 The Barrister 7 (with Jane Rotnem and Linda Jensen)

• "The Standard of Care Expected of a Lawyer Specializing in Medical Malpractice or Significant Injury Claims" (2016), 122 The Barrister 20 (with Craig Gillespie and Andrea Manning-Kroon)

• "The Standard of Care of a Plaintiff's Personal Injury Lawyer in Alberta" (2016), 121 The Barrister 15 (with Craig Gillespie)

• "The Hammer of Civil Contempt-Case Comments" (2016), 121 The Barrister 6

• "A Summary of Deductibility of Collateral Benefits" (2016), 120 The Barrister 6 (with George Somkuti and Andrea Manning-Kroon)

• "Emerging Torts to Deal with Cyberbullying by "Revenge Porn" (2016), 120 The Barrister 38 (with V.A. (Bud) MacDonald, Q.C. and Rosalia Nastasi)

• "Limited Waiver of Privilege" (2016), 119 The Barrister 7 (with Ivan Derer, Q.C. and Linda Jensen)

• "Is There a Way to Get Around a Recreational Sport Waiver?" (2015), 118 The Barrister 14 (with Fran Zinger and Rosalia Nastasi)

• "Removal of an Arbitrator for Reasonable Apprehension of Bias" (2015), 117 The Barrister 7 (with V.A. (Bud) MacDonald, Q.C. and Rosalia Nastasi)

• "Production of Section B IME Reports" (2015), 116 The Barrister 6 (with David Yanko and Rosalia Nastasi)

• "The Judicial Interpretation of Reasonable Efforts Under Section 7(5) of the Motor Vehicle Accident Claims Act" (2015), 115 The Barrister 10 (with Ivan Derer, Q.C. and Andrea Manning-Kroon)

• "Liability of an Attorney for Damages to the Opposing Party" (2014), 114 The Barrister 13 (with Stuart Busse, Q.C. and Linda Jensen)

• "An Overview of General Mobility Principles" (2014), 113 The Barrister 6 (with James R. Scott and Linda Jensen)

• "Setting Aside a Release Given to an Insurance Adjuster" (2014), 112 The Barrister 14 (with Stuart Ross and Andrea Manning-Kroon)

• "The First Past the Post Rule" (2014), 111 The Barrister 6 (with George Somkuti and Rosalia Nastasi)

• "Litigation Privilege and Accident or Incident Reports" (2013), 110 The Barrister 8 (with Joseph Sheplawy and Linda Jensen)

• "The Robust Approach to Causation" (2013), 109 The Barrister 6 (with Jim Lawson and Linda Jensen)

• "The Defence of Inevitable Accident" (2013), 137 The Verdict 56 (with Craig Gillespie and Andrea Manning-Kroon)

• "Independent Forensic Audits re Email" (2013), 108 The Barrister 12 (with V.A. (Bud) MacDonald. Q.C.)

• "The Doctrine of Merger" (2013), 107 The Barrister 8 (with Ivan Derer, Q.C.)

• "Recusal of a Judge for Bias After JDR/Recusal of a Case Management Judge" (2012), 106 The Barrister 12 (with Jane Hoffman and Linda Jensen)

• "Case Comment: Clements v. Clements" (2012), 105 The Barrister 8 (with Craig Gillespie)

• "Negligence and the Parental Duty to Supervise Children" (2012), 104 The Barrister 12 (with Elizabeth Tatchyn)

• "Application for a Jury Trial in Personal Injury Claims" (2012), 102 The Barrister 29 (with Moe Warren and Linda Jensen)

• "Implied Consent to Drive a Motor Vehicle" (2011), 101 The Barrister 14 (with George Somkuti)

• "Sole/Cross/Modified Approaches to Loss of Dependency in a Fatal Accident Claim" (2011), 100 The Barrister 14 (with Craig Gillespie)

• "An Insured's Duty to Co-operate in an Automobile Insurance Context" (2011), 99 The Barrister 7 (with Craig Gillespie)

• "An Overview of the Discoverability Principles in the Limitations Act: When Did the Claimant Know or Should Have Known?" (2010), 97 The Barrister 8 (with Craig Gillespie)

• "Admissibility of Evidence of Remedial Conduct" (2010), 96 The Barrister 8 (with Craig Gillespie)

• "The Scope of Testimony by an Expert to Support an Expert Report" (2010), 95 The Barrister 8 (with Karin Buss)

• "An Insurer's Duty of Good Faith and Fair Dealings As It Applies to the Settlement of Claims" (2009), 94 The Barrister 6 (with Ivan Derer, Q.C.)

• "Amending a Pleading to Add a Claim Outside of a Limitation Period" (2009), 93 The Barrister 13 (with Allan Sattin, Q.C.)

• "Use of Evidence from a Previous Trial" (2009), 92 The Barrister 6 (with Tell Stephen)

• "The Implied Undertaking in Discovery" (2009), 91 The Barrister 8 (with Craig Gillespie)

• "How to Build a Cadillac Research Memorandum: A Reprise" for LESA Advanced Legal Research seminar, 2009

• "How to Find the Killer Case" (2008), 90 The Barrister 11

• "Inexpensive and Free Research Resources for Lawyers" (with Karen McDougall)

• "An Update on the Alberta Courts' Approach to Surrebuttal Reports" (2008), 89 The Barrister 7 (with Brad Dobbin)

• "The Impact of a Subsequent Injury on Causation and Damages" (2008), 88 The Barrister 6 (with James D. Cuming)

• "Discovery of the Health Region" (2008), 87 The Barrister 9 (with Craig Gillespie)

• "The Co-existence of a Survival of Actions Act Claim and a Fatal Accidents Act Claim" (2007), 86 The Barrister 7 (with Glen Godfrey)

• "An Overview of the Law of Causation" (2007), 85 The Barrister 7 (with Craig Gillespie)

• "Discovery of Records in the Context of Personal Injury Claims" (2007), 84 The Barrister 20 (with Craig Gillespie)

• "A Primer Regarding Contributory Negligence" (2007), 83 The Barrister 7 (with Stuart Ross)

• "Optimal Care v. Institutional Care" (2006), 82 The Barrister 13 (with Bill McNally)

• "Severing the Issues of Liability and Damages" (2006), 81 The Barrister 13 (with Bill McNally and Pamela Fischer)

• "Late Admission of Expert Reports" (2006), 80 The Barrister 20 (with Bill McNally)

• "The Duty to Diagnose" (2006), 79 The Barrister 6 (with Bill McNally)

• "Challenging Expert Evidence" (2005), 78 The Barrister 6 (with Bill McNally)

• "An Overview of Cases Suggestive of When the Courts Will Lift a Corporate Veil to Find an Individual Behind the Corporation Jointly and Severally Liable for a Plaintiff's Damages" (2005), 77 The Barrister 13 (with Shelly Minarik)

• "Cost Penalties for Failure to File an Affidavit of Records in Time" (2005), 76 The Barrister 7 (with Tell Stephen)

• "Enforcement of Letters Rogatory Issued by a Foreign Arbitration Tribunal" (2005), 30 The Advocates' Quarterly 316 (with W. Donald Goodfellow, Q.C.)

• "A Thesis Regarding The Civil Liability of Directors for Criminally or Near Criminally Culpable Acts" (2005), 30 The Advocates' Quarterly 194 (with William E. McNally)

• "Can a Pleading be Amended Because of a Lawyer's Mistake?" (2005), 75 The Barrister 11 (with William E. McNally)

• "Has the Alberta Court of Appeal Opened the Door for Class Actions in Alberta?" (2004), 74 The Barrister 9 (with William E. McNally)

• "Recent Developments Regarding Unjust Enrichment" (2004), 73 The Barrister 10 (with William E. McNally and Andrea Manning-Kroon)

• "An Overview of the Law Regarding Informed Consent" (2004), 72 The Barrister 10 (with William E. McNally and Andrea Manning-Kroon)

• "Thorny Issues Regarding the Admissibility and Scope of Surrebuttal Reports" (2004), 71 The Barrister 11 (with Walter W. Kubitz)

• "When is an Action for Medical Malpractice Out of Time?" (2003), 70 The Barrister 11 (with William E. McNally)

• "An Interesting Question Regarding Punitive Damages" (2003), 69 The Barrister 9 (with William E. McNally)

• "Is the Tort of Public Nuisance Still a Useful Tool for the Plaintiffs' Personal Injury Bar?" (2003), 68 The Barrister 7 (with William E. McNally and Pamela Fischer)

• "What's the Deal with General and Special Damages?" (2003), 67 The Barrister 7 (with William E. McNally)

• "Guiding Principles Regarding the Constitution of a Representative Defendant and a Defendant Class in a Class Action Proceeding" (2003), 27 The Advocates' Quarterly 110 (with William E. McNally)

• "A Class Action Blueprint for Alberta" (2002), 66 The Barrister 11 (with William E. McNally)

• "The Tolling of a Limitation Period as a Result of Fraudulent Concealment" (2002), 65 The Barrister 10 (with William E. McNally)

• "A Thesis Regarding the Measurement of Damages for Misrepresentation in a Prospectus" (2002), 26 The Advocates' Quarterly 113 (with William E. McNally)

• "The Case for Bifurcation of Issues in a Class Action Proceeding" (2002), 25 The Advocates' Quarterly 391(with William E. McNally)

• "An Update Regarding the Liability of Employers for Injuries Resulting from the Intoxication of an Employer" (2002), 64 The Barrister 18 (with William E. McNally

• "Rescission: A Broader Remedy Than You Think?" (2002), 63 The Barrister 13 (with William E. McNally)

• "Subclass Designation in a Class Action Proceeding: Common Themes" (2002), 25 The Advocates' Quarterly 216 (with William E. McNally)

• "The Equitable Lien: New Life in an Old Remedy?" (1994), 16 The Advocates' Quarterly 385

• "Construction Bonds" (1993), 8 Construction Law Reports 109 (with Lowell Westersund)

• "Basic Legal Research: How to Gather Raw Research Materials" (1993), 15 The Advocates' Quarterly 332

• "Advanced Legal Research and Writing: How to Build a Cadillac" (1991), 13 The Advocates' Quarterly 232

• "An Overview of the Proposals for a New Municipal Government Act for Alberta" (1991), 5 Canadian Journal of Administrative Law and Practice 93 (with Francis Saville)

• "Is There a Qualified Privilege at Common Law for Non-traditional Classes of Confidential Communication? Maybe" (1990), 12 The Advocates' Quarterly 195
   

Marketing Articles

• "Ten Pick-Me-Up Marketing Tips", Association of Women Lawyers Newsletter (Winter 2004)

• "Your Bill As A Marketing Tool", Association of Women Lawyers Newsletter (Spring 2004)

• "What Does Your Client Really Think?", Association of Women Lawyers Newsletter (Summer 2004)

• "What Are Your Service Standards?", Association of Women Lawyers Newsletter (Fall 2004)

• "Lessons From an American Marketing Guru", Association of Women Lawyers Newsletter (Winter 2004)

• "Are You Listening to Me?", Association of Women Lawyers Newsletter (Spring 2005)

• "The Feel-Good Factor", Association of Women Lawyers Newsletter (Summer 2005)

• "Marketing 101 for the Little Guy", Association of Women Lawyers Newsletter (Winter 2006)

• "How Can a Legal Research Firm Help You?"

• "Marketing Your Elder Law Practice"

• "The Art of Grace - What Would Jackie Do?", Association of Women Lawyers Newsletter (Fall 2006)

• "How to Avoid a Malpractice Suit", Association of Women Lawyers Newsletter (Winter 2007)

• "Networking Tips"

Clippings

• Associates on Call: Looking Big While Staying Small

• Legal research firms assist lawyers with research on a contract basis