Publication ARCHIVE

Navigating New Employment Termination Rules: What Federally Regulated Employers Need to Know

As of February 1, 2024, recent amendments to the Canada Labour Code introduce fresh obligations for employers, notably concerning the termination of employment. Federally regulated employers terminating less than 50 employees now have to provide written notice of termination, pay in lieu of notice,

Read more

Government of Alberta Grazing Leases

The Government of Alberta, through the Lands Operations Division of Public Lands Disposition Management, Forestry and Parks, grants grazing dispositions of public land to qualified holders who can include individuals and corporations. A grazing disposition (lease, licence, or permit) provides an in

Read more

Oil Revenue/Surface Lease Retention

When purchasing land, especially agricultural land, buyers must be aware of many different rights that can be sold or are not sold in the transaction. One specific interest in land of concern is governed by surface leases, usually with an oil company or other entity that leases a part of the subjec

Read more

Guardianship, Trusteeship, and Estate Planning: Navigating the Right Path

As an estate planning lawyer, I often talk to clients who are assisting their loved ones with their personal or financial decisions. This can be a very stressful task for family members, made no easier by the many pieces of literature and generalized advice around "personal directives", "powers of a

Read more

Divorce and Estate Planning: Is this really the end?

It is very common for spouses, whether married or "common-law" (in Alberta, this is called "adult inter-dependent partners), to visit a lawyer together to develop their estate plan. Indeed, most couple’s estate plans (ignoring complexities raised by blended families) simply appoint each other to be

Read more

Legal Status Changes Ahead for Unmarried Couples

At the end of 2018, the Alberta government passed the Family Statutes Amendment Act. Among the notable changes brought in with the Act were new rules that will affect unmarried couples who live together. The Act specifies when unmarried couples will be deemed to be in a ‘common law’ relationship a

Read more

Ho-Ho-Hold it Right There: Event Planning in the Wake of #Metoo

Three in ten. That's how many people have reported experiencing sexual harassment in the workforce according to a November 2017 survey by the Canadian Federal Government[1]. What we can safely assume is that the number of people actually experiencing sexual harassment in the workplace is even highe

Read more

Family Mediation: Making the Most of a Difficult Situation

If you are going through a separation or divorce, you will inevitably need to resolve and agree on a number of issues with your partner or spouse that can range from child and spousal or partner support, to custody and parenting arrangements, to property division. While some splits are more amicable

Read more

10 Things you Should Know about Cohabitation and Pre-Nuptial Agreements

So you are in love. That's great. Maybe you are planning a splashy wedding. Or looking for the perfect condo in a hot downtown neighbourhood. Either way, if you decide on mapping out an agreement before you jump in with both feet (and bank accounts) here are some things to consider.

Read more

Shareholders Disputes do not have to be “Autopsy” Litigation – You have Options

Over the years we have represented quite a number of business owner-managers in shareholders disputes. Prevention is often worth a pound of cure, but what do you do when things have already gone off the rails? The first thing to recognize is that commercial disputes are what we call “real-time li

Read more

Avoiding Commercial Litigation

On the prevention side of commercial litigation, there is plenty of good advice that comes from our experience dealing with the fallout from commercial disputes. Here are some suggestions on how to avoid commercial litigation: 1. Structure your relationship with the right documents There ar

Read more

Buying and Selling Businesses in the Health Care Space

Every business transaction is unique and strategies surrounding the acquisition or divestiture of a business do not take place in a vacuum. We frequently act for professionals in the health care space (medical doctors, dentists, pharmacists and veterinarians) and in some cases, for business enterpri

Read more

Pensions and Divorce

The end of a marriage also means the end of expectations about your future finances and addressing how to divide the property you accumulated together as a couple. Whether both you and your ex have worked your way up within a company or in government or worked at all during your union, the issue of

Read more

Family Business Succession Planning

Bridging the Knowledge Gap and Empowering the Next Generation You have worked hard to build your business. Through years of sacrifice and sometimes learning the hard way, you have amassed considerable wealth. Along the way, you have made sure that your kids have had every opportunity possible, bu

Read more

New Rules for Employees Under 18

With summer fast approaching, employers and students with a few free months may both be considering work opportunities. But before proceedings, employers should take note of the incoming rules in Alberta that stipulate how and when minors can be employed legally. Bill 17: The Fair and Family-Friend

Read more

The Win / Win Strategy: Charitable Giving and Tax Savings

Over 80% of Canadians give to charity each year. And starting in 2016, Canada Revenue Agency (CRA) sweetened the pot by providing further tax incentives. Yet many of us are under using these tax incentives. If we do some planning, and consider which assets we want to give, when and to whom, we can e

Read more

Sexual Harassment Policies in the Era of #MeToo

Why Hollywood, politicians and your business have more in common than you think Right now, the daily news is filled with the latest allegations of sexual harassment by well-known people. And, while the #MeToo movement has certainly shed the light on just how pervasive this behaviour is in the ent

Read more

Four Incentives to Start Your Family Business Succession Planning

We all know that death and taxes are the two certainties in life. It is also safe to say that putting off dealing with the topic of death and taxes is the next closest thing to a certainty. For family business owners, avoiding the topic can cause some significant problems. Whether it is through

Read more

Incorporating a Not-For-Profit Organization

Organizations that are looking to incorporate as a not-for-profit in Alberta have two options: the Societies Act or the Companies Act. While many choose to incorporate under the Societies Act, the decision about which Act is right is not always clear.

Read more

Four Incentives to Start Your Family Business Succession Planning

We all know that death and taxes are the two certainties in life. It is also safe to say that putting off dealing with the topic of death and taxes is the next closest thing to a certainty. For family business owners, avoiding the topic can cause some significant problems.

Read more

Step-Parents and Child Support Obligations

The Brady Bunch was ahead of its time. The blended family sitcom of the early 1970s is increasingly common. According to the 2011 census, 12% of families in Canada are in a blended or step family. So, what would have happened if Mike had left Carol? Would he have had child-support obligations fo

Read more

Arm Yourself with Knowledge

Real-life stories of family law 'negotiations' gone wrong Most people do not enter a marriage thinking that it will end. But, as we all know, relationships do break up, and couples negotiating that split often find themselves dealing with detailed, essential information at a time when they are st

Read more

Buck Hunting: Finding the Right Alternative Source of Capital for your Business

When it comes to finding sources of capital to fund a business, small business owners in Alberta have more options than ever. Over the past few years, just over half of small & mid-sized businesses have borrowed money at some point to fund the business. A bit surprisingly, fewer than a one-third o

Read more

Commercial Loans: What to Know Before You Sign

Many business owners in need of financing for their business look to banks and other commercial lenders. After all, interest rates are low and a commercial loan usually does not require owners to give up any equity in the company or control of operations and strategic direction. However, commercia

Read more

What is a Professional Corporation?

A Professional Corporation has a very specific definition in Alberta. It is an entity that provides professional services by regulated member(s) of a profession who is/are governed by a professional body. The member is an employee of the Professional Corporation, which carries on the business of the

Read more

Enduring Power of Attorney and Personal Directives in Alberta

When thinking about estate planning, most people have a general idea about Wills. There are two additional tools that you can use to ensure that your wishes are known and met during your lifetime if you are no longer able to make your own decisions.

Read more

An Introduction to the Builder’s Lien Act

The Builder’s Lien Act is in place to protect the owners and contractors, subcontractors, suppliers and labourers who engage in a construction project. It includes a mechanism for contractors and suppliers to be paid for services and it limits the liability on the owner. The Act covers all sizes of

Read more

Shareholders’ Agreement: Resolving Shareholder Conflict Before it Starts

It is an unavoidable cost of conducting business that your corporation will inevitably be embroiled in a litigation dispute. What most owners do not realize, however, is that the disputes that cause the greatest level of damages to their business are the internal fights between the shareholders. The

Read more

Estate Planning 101

If you are like most of us, thinking about getting older is not your favourite topic. It is a good idea to be proactive however, and having plans in place can bring you peace of mind, save tax dollars, and make things easier for your family. Consider putting an estate plan in place, or updating your

Read more

Shareholder Agreements 101: Unanimous vs Standard Agreements

Starting up a new business is a very exciting time for many entrepreneurs. However, enthusiasm and optimism for the new venture can cause a business owner to overlook the potential for future disagreements on how best to run the company, the long-term obligations of shareholders and how the business

Read more

Corporate Divorce: Options for Dealing with Shareholder Disputes

It is often said that we spend more time with the people we work with than with our families. When business partners get in to bed together to run a corporation, many of the same dynamics and pressures of a marriage come in to play. Like a domestic marriage, sometimes relationships do not work out

Read more

Who Gets What? Divorce and the Division of Marital Property

When couples separate and divorce, one of the issues that must be settled is the distribution of joint property. In Alberta The Matrimonial Property Act creates a regime which governs the division of property between parties on divorce. It directs that property accumulated during the course of t

Read more

The High Costs of High Ratio Mortgages

The low interest era that Canadians have enjoyed for the past few years has made homeownership accessible and affordable for many people. It has also resulted in a substantial number of home buyers entering the market without paying a large deposit on their dream home.

Read more

Managing Financial Issues Before the Bank Comes Calling – Proactive Steps to Manage your Business Credit

It is no secret that the economic downturn is affecting business across the province. Revenues and asset values are down and investment and lending practices have tightened up considerably. In times like this, it may be tempting to ignore financial issues and hope for better economic news. However,

Read more

Protecting the Family Businesses From Marital Breakdown

While nobody likes to think about the consequences of a failed marriage before walking down the aisle, the risks faced by shareholders in a family business can be high. After all, without the proper protection mechanisms in place, a divorcing spouse could be entitled to half their partner's shares i

Read more

Beautiful BC (Except when you Die)

For many Albertans, the dream of owning property or retiring in BC is part of their life plan. No more shoveling. No more scraping ice. However, for estate planning purposes, the two provinces are surprisingly different. Albertans need to know about these differences, and, where possible, do some pl

Read more

The Advantages of a Limited Partnership Structure for New Businesses

When you start a new business, one of the first decisions you need to make is how to structure your business. Many people automatically assume that incorporating is strategically best, if for no other reason than it allows the business owner(s) to limit liabilities to the corporation, and thus prote

Read more

Real Estate Cost Savers for Sellers and Buyers

For buyers, sellers, landlords, and tenants alike, real estate transactions are complex. Here we take a look at the process, outline who is responsible for what aspects of a transaction and offer some hints to help things run as smoothly as possible.

Read more

Testamentary Freedom- with Limits. Your rights and obligations to family members in estate planning.

In Alberta, we are mostly free to leave our estates to whomever we please, as long as we adequately provide for our spouse or common law partner (Adult Interdependent Partner) and dependent children (and sometimes grandchildren or great grand children if we are raising them). From a policy perspecti

Read more

Property on Trial: Canadian Cases in Context

Alex worked with Professor Bruce Ziff in the development of his book Property on Trial: Canadian Cases in Context.

Read more

Are You Hiring Independent Contractors or Employees?

For many employers, hiring staff as independent contractors can seem like a logical way to meet resourcing requirements without the costs and expectations of a long-term commitment that are associated with permanent employees. However, although you may think you’ve hired a contractor, the CRA may no

Read more

10 Questions to Ask Before Selecting a Personal Injury Lawyer

The settlement with the insurance company is the one and only chance injury victims have to secure compensation for medical and treatment costs, loss of income and earnings capacity, and for their pain and suffering. Here are ten questions to ask a personal injury lawyer:

Read more

Assessing a Monitor's Accounts is not a Rubber Stamp Exercise: Re: Winalta Inc.

Darren Bieganek, QC has been published in The Canadian Association of Insolvency and Restructuring Professionals' 2013 spring edition of Rebuilding Success, the CAIRP Magazine.

Read more

Estate Freezes: What, Why, When and How

Lawyers who advise owners of closely-held corporations will be asked to assist in implementation of a share value freeze for a client from time to time. The term "estate freeze" is often applied to this type of corporate reorganization, even though it may be undertaken for reasons not involving esta

Read more

Real Estate Development And Construction Project Insolvencies: Is Debt Restructuring Feasible?

While the global economy has cooled, the insolvency practice is certainly experiencing its own boom at the present. One of the hardest hit industries after the large run up in prices has been real estate development, particularly in Alberta and British Columbia. While each insolvency creates certai

Read more

Case Comment on Alberta Treasury Branches v. Harder (Trustee Of): Subjectivity and Actual Knowledge Join the Test of what is Seriously Misleading

Prior to the spring of 2004, the accepted practice among bankruptcy trustees in consumer bankruptcies in this jurisdiction was to disallow a secured creditor's claim where there was an error in the serial number of a serial numbered consumer good and a search in the registry using the correct serial

Read more

Protecting an Inheritance from Creditors

Fact Scenario George is a businessman whose business has not been doing well lately. He has decided to put the business into bankruptcy. Due to the nature of his business and some of his creditors, he will have some personal liability which will also require him to declare personal bankruptcy.

Read more