Publications

February 01, 2017
By Mark Rathwell and Beverly Mendoza, Student-at-Law
The Ontario case, Royal Bank of Canada (RBC) v. Trang, 2016, reveals how the Supreme Court of Canada places importance on the legitimate needs of an organization to be able to collect through the use of personal information versus the individual’s rights of privacy. When I was a Foreclosure Paralegal I was bombarded with requests for mortgage discharge statements. It gives me comfort to know... read more
December 20, 2016
By Asher Macdonald
Before dividing marital assets in a divorce, any possible exemptions must be identified as described in the Matrimonial Property Act (the Act). An exemption is property that is not equally divided as part of a matrimonial settlement. The Matrimonial Property Act requires the Court to distribute property in a just and equitable fashion, taking into consideration several factors that determine if... read more
October 27, 2016
By Anne Rupcich

Limitation Periods: An Important Issue for Lenders Considering Legal Action

Legal claims must be made within legislated time periods referred to as limitation periods. Legal action should be considered a last resort but lenders with a potential debt claim should familiarize themselves with applicable limitation periods because the implications of missing a limitation... read more
October 04, 2016
By Randy Mitchell

Formal Offers of Settlement: Utilizing the Rules of Court to Encourage the Early Resolution of Claims

Settlement is an important consideration in litigation. When appropriate, settlement may reduce litigation costs while obtaining many goals of the litigants. Further, the Alberta Rules of Court are structured so plaintiffs and defendants may use reasonable offers of settlement to... read more
September 15, 2016
By Matthew Burgoyne

Attention Mortgage Syndicators: What’s missing in your documents?

I’ve had an opportunity over the last year to review mortgage syndication documentation for several clients, in situations where a registrant acts as an administrator for several investors who are participants in a syndicated loan. One problematic issue I encounter during my reviews is that buried amongst Subscription... read more
September 21, 2016
By Jamie Polley and Stephanie Whyte

Condominium Corporations vs. Homeowners Associations: How they differ

Many do not understand the differences between Condominium Corporations and Homeowners Associations. It is important to note that Homeowners Associations and Condominium Corporations are separate legal entities with separate rights, responsibilities and available remedies. Homeowners Associations are not restricted... read more
July 26, 2016
By Austin Paladeau

It's Not a Winning Lottery Ticket: Understanding Compensation in Negligence Claims

Austin Paladeau in our Personal Injury Law group, clarifies some of the common misconceptions about the compensation received by Plaintiffs in negligence claims in a recent article published by CanLII Connects. A common grumble heard from those outside the civil litigation bar is that people pursuing a... read more
July 21, 2016
By Simon Muller and Austin Paladeau

Jones v. Stepanenko - Personal Injury Case Sets the Tone for Valuing Chronic Pain Injuries 

Simon Muller and Austin Paladeau, in the Personal Injury Group of McLeod Law, represented the injured Plaintiff in the Jones v. Stepanenko, 2016 ABQB295 case. The decision affirms that severe, chronic injuries that continue to impact a plaintiff’s ability to work are not “minor injuries” as per... read more
July 04, 2016
By David Cumming

Insurance deductibles - What every condominium board needs to know

Insurance deductible chargebacks are often seen as a scourge for Condominium Corporations. The reason being that not only can they be a substantial expense, but also an unexpected one. If there is a clogged toilet or burst water pipe in one of the units, that could mean a hefty repair bill which is only partially covered... read more
June 17, 2016
By Michael Kwiatkowski

New Home Buyer Protection Act

It has been more than two years since the New Home Buyer Protection Act (the “NHBPA”) came into force and it has shown to have greatly benefitted new homebuyers throughout Alberta. The NHBPA applies to all new homes with building permits submitted from February 1, 2014 onward, when the Act came into effect. The NHBPA affords homeowners with expanded... read more

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