Title 700, 333 – 11th Avenue SW Calgary, Alberta T2R 1L9 Legal Research Synopsis Template The Legal Research assignment is aimed to help students practice and develop the skills necessary for legal research. This is not a legal memo and point form can be an acceptable way to show your work. Students are expected to use their discretion for how to best present their thinking within each part of this Template and to ensure the content is fulsome enough to effectively convey the required information and clear ideas. It is recognized that in your own future legal practice you may be able to pick and choose what steps to take when researching and you may choose to skip some of the steps outlined in this Template; however, for the purposes of the LRW course, you are to complete the whole Template. The goal here is to help you walk through the key steps for effective legal research so you can eventually build your own methods. It is important to be able to refer back to your research as articling students are often asked about their steps and to go back to do further research. A good research documentation process will assist you in saving time when going back and building supervising lawyers’ confidence in the research. There are three key elements to complete: · Part 1: Research Synopsis / notes · Part 2: Case Briefs · Part 3: Research Outline You will likely go back and forth between these Parts as you work through your research. This list is not in the order of how each Part is to be completed. Part 1: Legal Research Synopsis This Part serves as a summary that you can use when reporting to a supervising lawyer or use as a tool when taking the next step, such as a reporting meeting with a client, drafting a research memo, an advocacy letter, an opinion letter, or a legal argument. You will likely go back and forth from this Part to Part 2: Case Briefs. For example, some students first do the research objectives, facts and issues in the Synopsis and then start their research. Once the research is done and their case briefs are complete, they return to the Synopsis. PART 1: LEGAL RESEARCH SYNOPSIS The template for the Legal Research Synopsis follows – you can save this document and use it as your template, filling in each section as applicable to your LRW Assignment: LEGAL RESARCH SYNOPSIS Research Objective: (what is the goal of the research) Facts: (what are the relevant facts of the matter) Issues: (what legal issues are involved in the matter) Non-Legal Issues: (non-legal issues focus on external influences on the matter, such as circumstances of the client or client goals. Consider what the file content so far adds contextually to the matter that does not speak to a legal issue) Research: (Briefly summarize the key research outcomes you identified and why it may help the client’s position or why it is important to know about). Application to the Facts: (Explain how the research applies to the client’s situation. If applicable, outline the legal tests and note how and whether these tests are met based on the client’s situation). Tentative Conclusion: (In a few lines or bullets, what legal conclusions can be drawn for the client based on the law you have identified through your research, and its application to the facts.) Options/Next Steps: (What are your suggestions to the supervising lawyer of what should be done next on the file or by the client, flesh those out and consider the practicalities of each along with the positives and negatives of each option. Consider any non-legal issues here. Is there a direction you believe the client should take? Can you indicate if the client’s expectations/goals are realistic or unrealistic?). Part 2: CASE BRIEFS In a legal practice, each case you rely on should be briefed as that helps you and the supervising lawyer decide how relevant each case is, and acts as a quick reference where further research may be needed. For the LRW course purposes, please brief at least 3 cases. A case brief is a summary of the case, with a focus on those aspects that relate to your client’s fact scenario or legal issue and should not be a copy of the case note. Below is a template for one case brief. Please reproduce the template for each case you are using (minimum of three cases are to be briefed). Case Brief Template Name & Citation: Facts: (what happened factually and procedurally, what facts would make this case analogous to the client’s case or distinguish it from the client’s case, and the judgment that is important for the research you are doing) Issues: (what is in dispute) Decision: (what did the court decide; how was the issue analyzed or what was the legal test developed) Rationale: (the why behind the decision – in law) Part 3: RESEARCH OUTLINE / MAP: This section is where you provide an outline of the steps you took to conduct your research and provide a list of the cases, statutes and secondary sources relied on. This helps you and the supervising lawyers understand the steps taken by you to do the research. Research maps from LexisNexis can be copied into here, but you can also draft your own web or steps. It helps to include the searches you did on the sites visited (i.e.: terms you searched). Research Steps Taken / Research Map Template (include websites/ research tools used, the order you worked through, searches you performed, etc., search terms) List of Research sources relied on: (using the Canadian Guide to Uniform Legal Citation, list and properly cite all secondary sources relied on as well as any statutes and case law). Title | page 1 VERSIONING INFO Title 700, 333 – 11th Avenue SW Calgary, Alberta T2R 1L9 Legal Research Synopsis Template The Legal Research assignment is aimed to help students practice and develop the skills necessary for legal research. This is not a legal memo and point form can be an acceptable way to show your work. Students are expected to use their discretion for how to best present their thinking within each part of this Template and to ensure the content is fulsome enough to effectively convey the required information and clear ideas. It is recognized that in your own future legal practice you may be able to pick and choose what steps to take when researching and you may choose to skip some of the steps outlined in this Template; however, for the purposes of the LRW course, you are to complete the whole Template. The goal here is to help you walk through the key steps for effective legal research so you can eventually build your own methods. It is important to be able to refer back to your research as articling students are often asked about their steps and to go back to do further research. A good research documentation process will assist you in saving time when going back and building supervising lawyers’ confidence in the research. There are three key elements to complete: · Part 1: Research Synopsis / notes · Part 2: Case Briefs · Part 3: Research Outline You will likely go back and forth between these Parts as you work through your research. This list is not in the order of how each Part is to be completed. Part 1: Legal Research Synopsis This Part serves as a summary that you can use when reporting to a supervising lawyer or use as a tool when taking the next step, such as a reporting meeting with a client, drafting a research memo, an advocacy letter, an opinion letter, or a legal argument. You will likely go back and forth from this Part to Part 2: Case Briefs. For example, some students first do the research objectives, facts and issues in the Synopsis and then start their research. Once the research is done and their case briefs are complete, they return to the Synopsis. PART 1: LEGAL RESEARCH SYNOPSIS The template for the Legal Research Synopsis follows – you can save this document and use it as your template, filling in each section as applicable to your LRW Assignment: LEGAL RESARCH SYNOPSIS Research Objective: (what is the goal of the research) Facts: (what are the relevant facts of the matter) Issues: (what legal issues are involved in the matter) Non-Legal Issues: (non-legal issues focus on external influences on the matter, such as circumstances of the client or client goals. Consider what the file content so far adds contextually to the matter that does not speak to a legal issue) Research: (Briefly summarize the key research outcomes you identified and why it may help the client’s position or why it is important to know about). Application to the Facts: (Explain how the research applies to the client’s situation. If applicable, outline the legal tests and note how and whether these tests are met based on the client’s situation). Tentative Conclusion: (In a few lines or bullets, what legal conclusions can be drawn for the client based on the law you have identified through your research, and its application to the facts.) Options/Next Steps: (What are your suggestions to the supervising lawyer of what should be done next on the file or by the client, flesh those out and consider the practicalities of each along with the positives and negatives of each option. Consider any non-legal issues here. Is there a direction you believe the client should take? Can you indicate if the client’s expectations/goals are realistic or unrealistic?). Part 2: CASE BRIEFS In a legal practice, each case you rely on should be briefed as that helps you and the supervising lawyer decide how relevant each case is, and acts as a quick reference where further research may be needed. For the LRW course purposes, please brief at least 3 cases. A case brief is a summary of the case, with a focus on those aspects that relate to your client’s fact scenario or legal issue and should not be a copy of the case note. Below is a template for one case brief. Please reproduce the template for each case you are using (minimum of three cases are to be briefed). Case Brief Template Name & Citation: Facts: (what happened factually and procedurally, what facts would make this case analogous to the client’s case or distinguish it from the client’s case, and the judgment that is important for the research you are doing) Issues: (what is in dispute) Decision: (what did the court decide; how was the issue analyzed or what was the legal test developed) Rationale: (the why behind the decision – in law) Part 3: RESEARCH OUTLINE / MAP: This section is where you provide an outline of the steps you took to conduct your research and provide a list of the cases, statutes and secondary sources relied on. This helps you and the supervising lawyers understand the steps taken by you to do the research. Research maps from LexisNexis can be copied into here, but you can also draft your own web or steps. It helps to include the searches you did on the sites visited (i.e.: terms you searched). Research Steps Taken / Research Map Template (include websites/ research tools used, the order you worked through, searches you performed, etc., search terms) List of Research sources relied on: (using the Canadian Guide to Uniform Legal Citation, list and properly cite all secondary sources relied on as well as any statutes and case law). Title | page 1 VERSIONING INFO
Answered 1 days AfterMay 13, 2023

Answer To:

Tarun answered on May 14 2023
24 Votes
RESEARCH OBJECTIVE: To determine whether an individual is providing services as an Independent Contractor or performing services as an Employee or an Dependent Contractor.
FACTS: In the present case, Mandami Trucking (“Company”), owned by Ashira Mandami, had contracted with Navdeep Kaur (“Trucker”) for the pickup and delivery of goods wherein Ashira manages all the clients, overs
ees all financial matters, and organises about 35 truck drivers to meet the client's various transportation needs, though the drivers are given discretion over the routes and the sequence of client deliveries and pick-ups within a given day. Additionally, drivers usually value this because it enables them to choose effective routes and maximise fuel efficiency by avoiding repeated visits to the same places. Ashira is also in charge of all client interactions, with the exception of those that take place during delivery and pickup, when the truck drivers will speak with the clients to confirm their arrival time and engage in conversation with them while loading and unloading the goods.
ISSUES:
A. Whether Navdeep is an Employee, a Dependant Contractor or Independent Contractor?
B. Does this raise the possibility of a claim of constructive dismissal if Navdeep is an employee?
RESEARCH:
A. FIRST CASE LAW
NAME & CITATION: 1392644 Ontario Inc. (Connor Homes) v. Canada (National Revenue) [2013 FCA 85 (canlii)]
FACTS: In this case, Connor Homes (hereafter referred to as the "Appellant") ran a children's group home where it employed people to serve in the capacities of child care providers and supervisors. The three people who served in these capacities were considered to be employees in insurable and pensionable positions, according to the Canada Revenue Agency (hereinafter referred to as "CRA"). They had all signed contracts with Connor Homes that stated they were operating as independent contractors, yet this decision nonetheless stood.
The Tax Court of Canada upheld the CRA's decision after the Appellant filed an appeal, concluding that the Appellant had substantial control over the employees, that there was little chance for them to increase their income by cutting costs or producing more, and that the Appellant provided the majority of the necessary tools. The precise contractual provision that said the workers were independent contractors was not consistent with the workers' employment relationship. After feeling mistreated, the appellant subsequently filed an appeal with the Federal Court of Canada.
ISSUES: Whether or not a person is working as an employee or an independent contractor depends on whether or not they are providing the services as a person in business for themselves.
DECISION: In coming to its conclusion, the Federal Court considered a number of criteria outlined in the earlier cases, including the landmark ruling in Wiebe Door Services Ltd. v. M.N.R., [1986] 3 F.C. 553, which was subsequently upheld by the Supreme Court of Canada in 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII). The Court also took into account the recent jurisprudential trend in which courts have given the parties' expressed intentions with regard to the nature of the relationship significant weight.
A two-step test is the proper one to use. "The subjective intent of each party must be ascertained," according to the first stage. Written contracts, GST registration, the provision of invoices for services provided, and income tax returns filed as an independent contractor are all instances of subjective intent in action.
The second phase entails determining "whether an objective reality sustains the subjective intent of the parties." The Court then used the criteria outlined in Weibe Door and Sagaz, taking into account things such how much influence Connor Homes...
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