As of February 1, 2024, recent amendments to the Canada Labour Code introduce fresh obligations for employers, notably concerning the termination of employment. Federally regulated employers terminating less than 50 employees now have to provide written notice of termination, pay in lieu of notice, or a combination of both, to dismissed employees without cause, with a maximum notice period of 8 weeks. The rules applying to terminations involving 50 or more employees remain unchanged. The updated legislation mandates graduated notice periods based on an employee’s length of service. Employees t ..read more

A commercial property lease can be a complex and confusing document to review.  We recommend you obtain legal advice if you have any questions before signing a lease as a tenant, or before purchasing a commercial property with an existing lease that you will taking over. Lease agreements are contracts and are usually drafted by landlords or their counsel.  As a tenant, the lease agreement may have quite onerous obligations to the tenant, so review of the contract before signing is important. Here are some points and tips that a lawyer will review with you: Lease agreement’s effective ..read more

Hot off the press! We acted as counsel in Horvath Estate (Re), 2023 ABKB 643 (“Horvath”). Horvath is a new decision from the Court of King’s Bench, and which significantly alters the landscape in Alberta as to how estate debts are handled. Previously, and according to s.27(1) of the Estate Administration Act, SA 2014, c E-12.5, all unsecured creditors rank equally and must be paid, out of the net estate, on a pro-rata basis. This meant that for insolvent estates, where there were not enough estate assets to satisfy all creditors, all types of unsecured creditors received an ..read more

What is the difference between a “numbered” company and a named one? Sometimes we refer to a limited liability corporation created under the Business Corporation Act of Alberta (“ABCA”) as a “company”.  This is incorrect terminology as there is additional legislation in Alberta called the Companies Act which specifically deals with those entities created by that statute. For the most part you will have decided with your legal and accounting advisors that incorporating makes sense for your business and financial situation and you are now determining next steps.  You should know that C ..read more

If you are considering leaving an inheritance to your adult child, you may be concerned with its protection in the future. It is a reality that even a mature and responsible child may lose control over some of their assets in the face of a relationship breakdown. At present, close to 40% of all marriages will end in divorce – and that figure goes up when also considering common-law marriages. This is not pleasant to think about, but it is important to consider what “worst case scenario” you are willing to live with. Thankfully, there are good strategies for helping your children protect their ..read more

You have worked hard to build your business. Through years of sacrifice and sometimes learning the hard way, you have amassed considerable wealth. Along the way, you have made sure that your kids have had every opportunity possible, but now it is time to hand over the reins and let them continue what you started. Maybe they aren’t quite ready to “snatch the pebble from your hand.”  This is a very good reason to start thinking about family business succession planning early. If you need some additional incentives, take a look at Four Incentives to Start your Family Business Succession Plan ..read more

Three in ten.  That’s how many people have reported experiencing sexual harassment in the workforce according to a November 2017 survey by the Canadian Federal Government[1]. What we can safely assume is that the number of people actually experiencing sexual harassment in the workplace is even higher. The #metoo movement has brought the longstanding issue of sexual harassment in the workplace to the forefront where it is finally getting the recognition it deserves. The need for employers to acknowledge the issue and take proactive steps to educate and protect its workforce has never been ..read more

It is very common for spouses, whether married or “common-law” (in Alberta, this is called “adult inter-dependent partners), to visit a lawyer together to develop their estate plan. Indeed, most couple’s estate plans (ignoring complexities raised by blended families) simply appoint each other to be their executor, and leave the entire estate to each other and then to their children equally. But what happens on the breakdown of that relationship? At the end of a relationship, the first consideration is often (and properly) the welfare of the children and other custody related matters. Second, t ..read more

At the end of 2018, the Alberta government passed the Family Statutes Amendment Act.  Among the notable changes brought in with the Act were new rules that will affect unmarried couples who live together.  The Act specifies when unmarried couples will be deemed to be in a ‘common law’ relationship and how the couples’ assets will be divided should the relationship end.  The changes, which impact the 1 in 6 couples in Alberta that are co-habitating[1], come into effect on January 1, 2020. Prior to the passing of the Act, splitting unmarried couples had no clear right to have asse ..read more

Over the years we have represented quite a number of business owner-managers in shareholders disputes. Prevention is often worth a pound of cure, but what do you do when things have already gone off the rails? The first thing to recognize is that commercial disputes are what we call “real-time litigation,” as opposed to autopsy litigation. For example, in a personal injury claim, an accident results in an injury that requires compensation. The litigation focuses on the facts that caused the accident. Those facts dictate liability and a further set of facts about the injuries and their impact d ..read more