Publications

November 22, 2017
Stephanie Whyte of our Condomininium Law Group, shares how changes to the Alberta Human Rights Amendment Act impacts the condominium industry. When the Alberta Human Rights Amendment Act, 2017, comes into force on January 1, 2018, “age” will be protected ground under sections 4 and 5 relating to goods, services, accommodations, facilities and tenancy. For Condominium Corporations, the changes... read more
November 20, 2017
Heather Bonnycastle, Q.C., and Laurie Kiedrowski, head of our Condominium Law Group, explain key changes to Condominium industry as a result of recently proclaimed amendments to the Condominium Property Act. The Government has labelled the new regulations as "Stage One Buyer Protection Regulations" and pertains primarily, to Developers and new condominium purchases.  ACT PARTIALLY PASSED The... read more
November 13, 2017
A “mulligan” is a term used in golf. When a player hits a bad shot and wants to try again, the player asks his playing partners for a mulligan and if allowed, tees the ball up again for another go. As lawyers dealing with many deceased estates, we often see files where the deceased might want a mulligan if they could tee things up again. What are we seeing a lot of these days? People still die... read more
September 14, 2017
By Brent Cooper

Verbal Contracts: How do they stand up in the Court of Law?

“A verbal contract isn't worth the paper it's written on.” - Samuel Goldwyn, Movie Producer In preparation for a litigation case, I found myself recently thinking of this quote. There is a common misconception that you cannot have a contract unless it is in writing. Generally speaking, that’s not true; verbal agreements can be... read more
June 29, 2017
By Chris Jones

Off Duty Conduct

When was the last time you Googled yourself?  Try it and see what comes up.  Social media has changed the boundaries of the theory, ‘what an employee does in their personal time is their business.’ Take for instance, a simple search of someone’s name on Facebook, LinkedIn, Twitter or Google and the person’s employer can easily be found. In most cases, there is little... read more
June 22, 2017
Neil Hutton of our Exempt Capital Markets Group outlines the legal requirements a Mortgage Investment Corporation ("MIC") should follow in order to declare a dividend. This is part of a co-authored publication with BDO Canada for the private lending industry to ensure directors and Investment Fund Managers are up-to-speed on the impending changes to accounting standards that will significantly... read more
April 13, 2017
By Aaron Bickman, TEP

Tips for Executor, Trustee and Attorney Accounting

Those who are in care and control of funds belonging to others as Executor, Trustee or Attorney, must maintain accurate records of all assets and liabilities, and income and expenses. These records should include all supporting documentation. As lawyers, we often advise Executors, Trustees, and Attorneys as to their duties and... read more
September 01, 2017
By Michael C. Kwiatkowski

Liability for damage caused by theft: Who pays?

In December 2016, trespassers attempted to remove a tank containing approximately 55 liters of hydrochloric acid from our client’s property. It appears that the trespassers were able to lift the tank over a high, barbwire fence surrounding the premises and dropped it on the other side of the fence into the neighbouring parking lot. The... read more
March 01, 2017
By David Cumming

Will changes to human rights legislation bring challenges to age restrictions in condominium corporations?

Whether it’s University dorms or assisted living facilities, people of similar age cohorts tend to cluster together. In some cases there are even rules encouraging this. Several Condominium Corporations have provisions in their bylaws placing restrictions on the basis of age. For... read more
February 01, 2017
By Mark Rathwell and Beverly Mendoza, Student-at-Law

Foreclosure Mortgage Discharge Statements

The Ontario case, Royal Bank of Canada (RBC) v. Trang, 2016, reveals how the Supreme Court of Canada places importance on the legitimate needs of an organization to be able to collect through the use of personal information versus the individual’s rights of privacy. When I was a Foreclosure Paralegal I was bombarded with requests for mortgage... read more

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