Publications

April 18, 2018
By Shane King, Vik Mall and Randy Mitchell
Individuals sometimes attempt to challenge contracts and gifts on the basis that an elderly person lacked capacity to understand actions, or was vulnerable to influence from another party. Such challenges sometimes occur years after the granting of the gift or signing of the contract, and when the elderly person’s mental condition has severely declined or they have since passed away. To fill this... read more
April 11, 2018
By David Cumming
As our population in Alberta grows, our cities change. There comes a point where cities stop growing out and start growing up. Dense urban centres are commonly associated with neighbourhoods that support a variety of uses and urban planners will generally say that this is a good thing. Having neighbourhoods with access to several services with a variety of different sorts of residences and... read more
March 26, 2018
Separating from a partner can be a difficult and stressful time for you and your family. In fact, a divorce can be a terrible time filled with emotion and uncertainty. There are the obvious concerns with how you will raise your children and how separation will affect your financial security for the future. A separation can be an amicable and cooperative process whereby you can use mediation... read more
March 19, 2018
Following your separation, the costs of university for your child or children are considered extra Section 7 expenses. This means both parents must contribute to the post-secondary education costs for their kids following separation, under the Federal Child Support Guidelines. Generally, both parents pay the Section 7 expenses of university or other post-secondary education proportionately based... read more
March 12, 2018
In a separation any Registered Education Savings Plans (RESPs) saved during the marriage for a child or children’s university education, are part of the matrimonial property in Alberta and are to be taken into account and addressed in your Separation Agreement. The RESPs acquired during the marriage are for the benefit of the kids and many couples continue contributing to the RESP Plans after... read more
March 07, 2018
By Asher Macdonald
Division of matrimonial property is a major issue for divorcing couples. Each party may have questions about what property qualifies as a divisible asset, what property is exempt from division (which I previously wrote about here) and how to value the assets, and when. In this day and age, these questions can be more complex than you might expect; specifically, I’m talking about cryptocurrency.... read more
March 01, 2018
On May 24, 2017, the Alberta Government introduced Bill 17, the Fair and Family-Friendly Workplaces Act. Bill 17 proposes substantive changes to both the Alberta Employment Standards Code (the “ESC”) and the Labour Relations Code. While some of the amendments came into effect in June 2017, most of the amendments came into effect January 1, 2018. Further amendments were also introduced to the... read more
February 28, 2018
In Family Law, we hear this question a lot. Whether it’s a new job, a new school, proximity to family, or just a change of scenery, many separated parents may find themselves seeking permission to move with their child or children. I’ve seen parents move first and ask permission later, which is not the right approach when seeking to move with a child after a separation. The crux of the issue is... read more
January 10, 2018
By Charlotte Hall, Student-at-Law

Mental injury has become easier to prove in personal injury cases

Our society has been trending toward a view that mental illness is no less important than physical illness, although it has not always been this way. Traditionally, claiming for a mental injury in the law has been tough to do, not only due to social attitudes, but also because there can be challenges in proving a mental... read more
January 01, 2018
In business, insolvency proceedings can be initiated by another company that has become insolvent (the "Debtor Company"). In these situations it is important to be diligent about protecing your financial interests. In this article, Jeff Moroz outlines some of the specific interests that have been addressed in recent insolvency proceedings in Alberta. Matters to keep in mind in Insolvency... read more

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