Joint Bank Accounts: What Happens When One Account Holder Passes Away?
It’s not uncommon for people to name a loved one, friend, or family member as a joint account holder on their bank accounts in hopes of minimizing the costs of a probate application or avoiding probate altogether. Sometimes, people name a second account holder to ensure that account assets pass to their intended beneficiary in... Read More
Transferring Vehicle Ownership After Owner Passes Away in Alberta
Motor vehicles are often the forgotten puzzle piece in the estate planning process. Last year, a CBC news story from Ontario, entitled “Give me the damn car: Red tape keeps grieving widow from driving clunker” gained some traction and generated over 450 comments online. You can read the full article here if you’re interested, but... Read More
Is a Former Spouse Entitled to a Deceased’s Estate in Alberta?
Divorce or separation can complicate both Estate planning and administration matters. This article addresses the legal entitlements that former spouses and common-law partners may have to your Estate assets, and the steps that you can take to create a prudent Estate plan post-separation. My clients often wonder whether their former spouse or common-law partner will... Read More
[For Employees] Employment Agreement & Termination Clause
Getting a new job can be an exciting and sometimes overwhelming time. Many new employees simply sign on the dotted line and are ready to jump in. However, many employment agreements contain language which can be quite limiting on an employee’s rights, such as strict termination clauses, non-compete, or non-solicitation clauses. The Importance of Understanding... Read More
Wrongful Dismissal Litigation in Alberta: Info for Employers
What is a Wrongful Dismissal? Wrongful dismissal occurs when an employee is dismissed or terminated from their employment but are not provided reasonable notice or pay in lieu of notice. In Alberta, the Employment Standards Code sets out the minimum amount of termination notice that must be provided to provincially regulated employees upon termination. However,... Read More
Just Cause Dismissal: What Alberta Employers Need to Know
What is Just Cause Dismissal? An employee may be terminated for cause if the employer has proof that the employee has engaged in conduct which is serious or egregious enough to undermine the entire employment relationship between the parties. Simply put, just cause generally requires proof of severe misconduct, gross negligence, or an ongoing pattern... Read More
[For Employers] Employment Contract Drafting & Review
Why are Formal Employment Agreements Important? Our Employee Contract Review Lawyer in Calgary can help protect your business. Having an enforceable employment contract in place helps create certainty for both the employee and employer, by clearly specifying the terms and conditions governing the employment relationship. One of the advantages of having a formal employment agreement... Read More
Alberta Workplace Disability Accommodations
In Alberta, discrimination in the workplace based on a physical or mental disability is illegal pursuant to the Alberta Human Rights Act. Central to the goal of a discrimination-free work environment is an employer’s obligation to provide reasonable accommodations to an individual with a disability, up to the point of undue hardship. A workplace accommodation... Read More
Why Every Canadian Should Have an Up-to-Date Will in Place
I recently read an article in the National Post citing a 2018 Angus Reid survey which found that only 35% of Canadians have an up-to-date Will, and only 51 percent of Canadians have any sort of Will in place at all. While I’m definitely concerned by these numbers, I can’t say I’m surprised. For various... Read More
10 Reasons Getting a Will is EASY
People often put off getting a Will for various reasons. While we believe that anyone who’s at least 18 years of age, and who has capacity, should have a valid, up-to-date Will in place as part of a holistic, comprehensive Estate plan, people aren’t always eager to have their Wills drafted. One of the primary... Read More