Termination for Cause in Alberta
What is “Just-Cause” Termination in Alberta? 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. In short, the employer must have proof that the employee’s conduct constituted a “fundamental breach”... Read More
Without Cause Termination in Alberta
What Does It Mean to Be Terminated “Without Cause” in Alberta? When an employee is terminated without cause, it means they are being let go for a reason other than serious workplace misconduct (which would likely qualify as a “for cause” termination). Reasons behind “without cause” termination can include things such as company restructuring, cost-saving... Read More
What is “Reasonable Notice” in Alberta?
Reasonable notice refers to the timeframe an employer must give an employee when their employment is ending, or will otherwise be undergoing significant changes. In Alberta, an employee who has been continuously employed for three months or more on an indefinite employment contract is entitled to the minimum amount of notice as set out in... Read More
Constructive Dismissal
What is Constructive Dismissal in Alberta? A constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term of an employment contract without providing reasonable notice to the employee. Constructive dismissal can also occur when an employer creates, allows or otherwise ignores a toxic, hostile or unsafe work environment. Courts in... Read More
Alberta Wrongful Dismissal: Info for Employees
What is a Wrongful Dismissal in Alberta? 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... Read More
Personal Representative vs Executor vs Trustee: What’s the Difference?
It’s not uncommon for someone to say that they’re the “Executor” of a loved one’s Estate. You may have also heard of money being held “in trust” by a “Trustee” on behalf of the minor beneficiaries of an Estate. If your Will was drafted by an Alberta Wills & Estates lawyer after 2012, it probably... Read More
Power of Attorney
When people think about Estate Planning, a Will is usually the first document that comes to mind. However, an Enduring Power of Attorney is equally important to a well thought out Estate Plan. There are various types of Powers of Attorney, and the terminology can be confusing. Powers of Attorney are also used outside of... Read More
Avoiding Probate Application in Alberta
Start Here Before you read this article, it may be helpful to review our article “When is Probate Necessary?” to get an idea of when a probate application is required. Probate avoidance from an Estate Planning perspective, i.e., when you’re still alive, deserves an article of its own, and there are many precautions that need... Read More
Probate in Alberta: Common Myths & Misconceptions
It goes without saying that there are misconceptions about various topics of all kinds. However, certain topics seem to attract more myths, urban legends and misconceptions than others. How many people do you know who don’t have a horror story to tell about a friend or relative who has had a root canal or who... Read More
Alberta Property Disputes
What is a Property Dispute? Property disputes are usually characterized by any legal dispute involving “real property.” Real property refers to buildings or structures that are affixed to a particular piece of land, that are considered “immoveable” such as a house, or a road. The land itself is also encompassed under the definition of “Real... Read More