Publication ARCHIVE

17

Jan

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.

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8

Jan

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

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4

Jan

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

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28

Nov

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

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2

Oct

The Importance of Asking 'Why?' in Mediations and Negotiations



One of my favourite negotiation stories in 'The Sunday Minute' published by the Program on Negotiation at Harvard Law School, is the story by Max H. Bazerman, the Jesse Isidor Strauss Professor of Business Administration at Harvard Business School (HBS), and author of 3-D Negotiation: Powerful Tools

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1

Sep

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

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1

Aug

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

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5

May

Government of Alberta Grazing Leases



A provincial grazing lease is a common interest in land with specific rules for transfer/assignment. Often Crown lands are declared to be available to the public and leases are granted. Once issued, however, they become very valuable assets and can be willed to heirs on death.

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5

Apr

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.

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4

Apr

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

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3

Mar

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

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27

Feb

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

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23

Feb

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

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10

Feb

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

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28

Dec

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

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12

Dec

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.

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12

Dec

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,

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9

Sep

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

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13

Jun

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

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16

Mar

My View on Estate Mediation



In June, 2015 Phil completed the Mediating Disputes course at the Program on Negotiation at Harvard Law School Executive Education. Phil has acted as a mediator and as counsel in estate meditations since the 1990's. He previously completed Levels I and II of mediation training with the Alberta Arbi

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3

Mar

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

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1

Jan

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.

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22

Dec

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

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29

Sep

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.

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1

Sep

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

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12

Jun

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:

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1

Mar

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.

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5

Feb

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

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5

Dec

The Wills and Succession Act and Amendments to the Matrimonial Property Act



The Wills and Succession Act was passed by the Alberta Legislature in the fall of 2010 and was proclaimed in force effective February 1, 2012. The legislation will have a significant impact on all wills and estate planning in the province of Alberta. The Matrimonial Property Act has also been amend

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3

Nov

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

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22

Mar

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

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22

Nov

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.

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