April 24, 2017
Alberta has adopted an approach to delay that provides a court with the discretion to dismiss an action after balancing an applicant’s interest in “expeditious resolution of an action” with a respondent’s interest in having a judicial determination of its dispute.  Austin Paladeau shares the Court of Appeal's decision in a commercial dispute, Humphreys v. Trebilcock, 2017, ABCA 116 involving a ... read more
April 13, 2017
By Aaron Bickman, TEP

Tips for Executor, Trustee and Attorney Accounting

Those who are in care and control of funds belonging to others as Executor, Trustee or Attorney, must maintain accurate records of all assets and liabilities, and income and expenses. These records should include all supporting documentation. As lawyers, we often advise Executors, Trustees, and Attorneys as to their duties and... read more
September 01, 2017
By Michael C. Kwiatkowski

Liability for damage caused by theft: Who pays?

In December 2016, trespassers attempted to remove a tank containing approximately 55 liters of hydrochloric acid from our client’s property. It appears that the trespassers were able to lift the tank over a high, barbwire fence surrounding the premises and dropped it on the other side of the fence into the neighbouring parking lot. The... read more
March 01, 2017
By David Cumming

Will changes to human rights legislation bring challenges to age restrictions in condominium corporations?

Whether it’s University dorms or assisted living facilities, people of similar age cohorts tend to cluster together. In some cases there are even rules encouraging this. Several Condominium Corporations have provisions in their bylaws placing restrictions on the basis of age. For... read more
February 01, 2017
By Mark Rathwell and Beverly Mendoza, Student-at-Law

Foreclosure Mortgage Discharge Statements

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... read more
December 20, 2016
By Asher Macdonald

Dividing Property in Divorce Proceedings: What is excluded?

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... read more
November 04, 2016
In the Philippine Canadian Inquirer, Beverly Mendoza explains the process of foreclosure and mechanisms to address the issue. She cautions people facing foreclosure, not to procrastinate but to seek guidance from professionals, lawyers, the bank, to a mortgage broker. View the full article here.  For guidance on a foreclosure matter, please contact a lawyer in our Debt Recovery & Foreclosure... 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