April 14, 2014
By Jared Kantor

If Wishes Were Willed: The Estate of Osborne, Testamentary Intent and WSA s. 71

On September 18, 2013, McLeod Law LLP took a beneficiary designation dispute to trial. According to the will, the Deceased divided her estate amongst various friends and charities, but excluded her siblings. The deceased owned an RSP, but the will did not reference an RSP or retirement plans. The solicitor’s... read more
April 14, 2014
By Jared L. Kantor

Schwartz Estate v. Kwinter: A Cautionary Tale for Estate Litigation

Schwartz Estate v Kwinter (2013 ABQB 147, [Schwartz]) is a seminal decision for anyone considering estate litigation. The Plaintiff commenced an action to prove the deceased’s will and admit it for probate purposes. After 8 years of litigation under case management, the Defendants discontinued their defense and... read more
February 12, 2014

What to do with a Problematic Residential Tenant

You worked too hard to buy an investment property to lease it to the wrong tenant and not know what to do when faced with a bad tenancy situation. Landlords are always hopeful to find that perfect tenant who will pay their rent on time and cause no trouble whatsoever, but this is not always the case. In Alberta, the Residential Tenancies... read more
January 16, 2014
By Stephanie Whyte

The Hoarder Next Door: What to do when Hoarding Conditions are found in a Condominium Unit

Hoarding Disorder was recognized as a Mental Disorder in the 5th Edition of the Diagnostic and Statistical Manual of Mental Disorders. It is characterized as the persistent difficulty discarding or parting with possessions, regardless of their value. The accumulation of possessions often takes... read more
December 24, 2013
In an article published on coindesk, Matthew Burgoyne, head of our Fintech group at McLeod Law LLP, he describes the provincial legislation and accompanying regulations pertaining to companies operating in the bitcoin space. Consumer protection legislation, Matthew expects, will be most relevant for bitcoin businesses operating in Canada. In addition, there are a number of other provincial acts... read more
December 16, 2013
By Vik Mall

Compensation for the Power of Attorney

With an aging Canadian population, attorney compensation under a power of attorney document is likely to become a discussion point for a growing number of Canadians when crafting their estate plans. While the basic considerations for trustee compensation are well established in Canada, compensation considerations for an attorney are not as clear.... read more
April 07, 2017
By Mark Rathwell

Contemplating a Renovation or Building Project? The Importance of Maintaining a Builder’s Lien Holdback

As a property owner who is planning a construction project of any scope or magnitude, it is crucial to understand the concept of, and to maintain, a builder’s lien holdback. Imagine that you have just completed a $200,000.00 renovation to your basement. You hired a general contractor... read more
November 22, 2013
In an article published by CoinDesk, Matthew Burgoyne of our Fintech group, explores the question of whether Canada considers bitcoin to be a real sovereign "currency" or simply a commodity.  Read the article on  
November 13, 2013

Disposition of Jointly Held Assets via Will

Most spouses in Alberta jointly own their matrimonial home. Unknown to many spouses is that they can own the matrimonial home jointly in one of two ways: as tenants in common or as joint tenants. In a joint tenancy each party owns 100% of the home by right of survivorship. That is to say that if one spouse dies the other spouse retains 100%... read more
October 23, 2013
In a two part article, Matthew Burgoyne of our Fintech group, gives a basic primer on the state of Canadian law as it applies to digital currency entrepreneurs. He covers the Canadian federal law as it currently applies (or more accurately, doesn’t apply) to Canadian businesses operating in the bitcoin space. In Part II, he covers provincial regulations pertaining to, or which could pertain to,... read more