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
Residential Tenancy Disputes in Alberta
How Are Residential Tenancy Disputes Dealt With in Alberta? In Alberta, landlord/tenant disputes used to be litigated through the courts, usually at great expense to both parties. However, Alberta has now implemented a program specifically for the resolution of these disputes called the Residential Tenancy Dispute Resolution Service (RTDRS). Instead of filing a civil claim,... Read More
The Enforceability of Oral Contracts
Does a Contract Have to be Written In Order to be Enforceable? No. Many people assume that a contract must be written in order for it to be legally enforceable. This is generally not true, as many verbal agreements can be legally binding as long as they meet certain conditions. There are some exceptions to... Read More
Breach of Contract in Canada
What is a Breach of Contract? When a party to a contract violates the agreement by failing to adhere to the terms of the agreement, this is called a “breach.” A breach of contract can be grounds for a lawsuit, even if the contract or agreement was oral and not written. Before commencing a lawsuit... Read More
When is Probate Necessary in Alberta?
The question I’m asked most frequently by both my Estate Planning (Wills) and Estate Administration (Probate) clients is “when is probate necessary?” Whether you’re creating an Estate plan, or have been tasked with acting as the Executor of a deceased’s Estate, it’s a question that’s worth asking. A prudent Wills & Estates lawyer will address... Read More