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
9 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
Capacity: What is it, and Who Decides Whether You Lack It?
The thought of losing capacity can be terrifying, however, it’s something that must be accounted for when creating an effective Estate plan. We recommend a Will, a Personal Directive, and an Enduring Power of Attorney to most of our Estate planning clients. Because a Will only takes effect upon your passing away, it’s imperative that... Read More
Stigmatized Property in Alberta: Buying or Selling a Home with a History
After reading the title of this blog post, you might be wondering what on earth a “stigmatized property” is. A stigmatized property is a property that may be shunned by buyers based on something other than the physical condition, selling price, or other features of the home. While stigmatized property may sound like an odd... Read More
Independent/Dependent Contractors, Employees: What’s the Difference?
Independent Contractor Although independent contractors often enter into a contract for services, this is not an employment contract and does not create an employer-employee relationship. Instead, an independent contractor is governed by a business relationship, the terms of which will usually be set out in a specific contract between the parties. This means that independent... Read More
Alberta Estate Beneficiaries: Who Do I Put in My Will?
Creating an Estate plan and instructing your Wills & Estates lawyer to prepare your Will requires you to make a number of decisions. While most lawyers will send you an Estate planning questionnaire to guide the process, the decision-making responsibility ultimately rests on your shoulders. You’ll need to decide who you’ll appoint as your Estate’s... Read More