Jaclyn Finestone If something happened and you were unable to make decisions for yourself, who would make medical decisions on your behalf? In the realm of personal well-being and healthcare, few things are as important as having your wishes respected and upheld, even when you are unable to express them yourself. This is where a Personal Directive is valuable. In Alberta, a Personal Directive provides individuals with a powerful tool to ensure their preferences regarding medical treatment, living arrangements, and other personal matters are respected, even when they are unable to communicate t ..read more

Jaclyn Finestone Accidents can happen unexpectedly and leave individuals grappling with physical injuries, emotional distress, and financial burdens. In Alberta, personal injury law seeks to provide a framework for addressing the aftermath of such incidents. One important aspect of this legal landscape is Section B Accident Benefits, which play a pivotal role in providing compensation and support to individuals who suffer injuries in motor vehicle accidents. In this blog post, we will explore Section B Accident Benefits in Alberta, shedding light on their significance, coverage, and how they a ..read more

Conor Kopczynski In March of 2021 significant changes were made to the Divorce Act, introducing provisions to guide parents wishing to relocate with their children after a divorce or separation. The relocation provisions begin at section 16.9 and set forth various criteria that must be met to obtain court approval for the move. An essential aspect of this process is the burden of proof, outlined under section 16.93. The burden of proof provisions determine which party must present evidence and satisfy the legal test, ultimately leading to the decision of whether a child can relocate or not. Th ..read more

In the province of Alberta, there are two essential legal documents that individuals should consider creating to ensure their wishes are respected in case of incapacity or inability to make decisions for themselves. These documents are the “Enduring Power of Attorney” and “Personal Directive”. Both serve distinct purposes, and understanding their differences is crucial for individuals to make informed decisions about their future healthcare and financial matters. This blog aims to shed light on the dissimilarities between these two legal instruments to help Albertans navigate their estate plan ..read more

Matthew Pritchard If you have been injured because of another party’s negligence or fault, you may qualify for monetary compensation. In law, monetary compensation one party pays to another is called “damages.” This blog post provides a brief introduction to “pain and suffering” damages, a common type of monetary compensation in personal injury law. What are Damages? The basic idea is that courts use damages to compensate an injured party for losses caused by the Defendant’s wrongdoing. Generally, the amount of compensation the injured party receives is based on: the severity of the injuries ..read more

Conor Kopczynski The concept of maintenance and support under the Wills and Succession Act, SA 2010, c W-12.2 provides protections for family members of a deceased person in situations where they have not inherited enough to meet their needs. In such instances, the family member whose needs remain unfulfilled posses the option to seek a Court Order for the provision of maintenance and support. The Wills and Succession Act allows for a family member to apply for maintenance and support in two situations: First, when the deceased has passed away testate, and their valid Will does not contain ad ..read more

Conor Kopczynski Shared parenting, characterized by a parenting arrangement where neither party has the child or children for less than 40% of the time, is a vital aspect of post-separation childcare. When both parents have been significantly involved in the upbringing and care of their child(ren) before separation, but that involvement changes following separation, the parent experiencing reduced parenting time may seek a shared parenting regime through the courts. Such a regime enables both parents to continue playing a significant role in the post-separation care and decision-making for the ..read more

Conor Kopczynski The process of ensuring the fulfillment of a loved one’s wishes after their passing can be a complex and emotional journey. This becomes even more challenging when the deceased is intestate or when codicils come into play, modifying or revoking certain provisions of their Will. In today’s digital age, where emails and text messages have become prevalent forms of communication, beneficiaries of a Will may seek to utilize these electronic records to demonstrate the true intent of the deceased. However, validating an electronic communication as a legally binding holograph Will po ..read more

Ava Danyluk Say you’ve been injured in a car accident, you have a police report, and you’ve already spoken to a personal injury lawyer about your potential claim. What comes next? This period of time can be full of uncertainty and confusion, all of which is further exacerbated by the trials and tribulations of recovery. Stages of Your Claim 1. Negotiating with the Defendant Insurance Company Your role as the injured party: Be diligent with your medical treatments and send all documentation to your lawyer. At the negotiation stage, your lawyer will want to review all your medical documentation ..read more

Matthew Pritchard Each and every day we come into contact with different places and spaces. Whether dropping kids off at school, picking up groceries, or visiting a friend at their home, we are constantly visiting public and private locations. The good news is that we can generally visit people and businesses without worrying about our safety. Unfortunately accidents and injuries occur, and when they do, it can lead to important questions about legal rights and responsibilities. In Alberta, the Occupiers’ Liability Act, RSA 2000 C O-4 (the “OLA”) establishes the legal obligations a property ow ..read more