Publications

June 03, 2015

Franchising in Alberta: Disclosure Requirements

As discussed in Franchising in Alberta: The Duty of Fair Dealing (Part I of II), entering into a franchise agreement presents unique benefits and challenges for the both the franchisee and franchisor, which they otherwise might not face when entering into other commercial contracts. This is because, in Alberta, franchising agreements are... read more
May 29, 2015

Interpreting Alberta’s Section B Auto Policy: The Attending Physician vs. The Insurer’s Medical Advisor

Section B is a mandatory clause contained in all automobile insurance policies issued in Alberta. When an insured person sustains bodily injury as a result of a motor vehicle accident, that person will qualify for Section B benefits under their own automobile insurance policy... read more
May 27, 2015

Franchising in Alberta: The Duty of Fair Dealing

Entrance into franchise agreements can be an excellent means by which franchisors can expand their business through external capital investment. At the same time franchisees gain the benefit of operating a business which trades in products which are already affiliated with the franchisor’s brand and goodwill. That said, being a party to... read more
April 20, 2015
By Neil Hutton and Matthew Burgoyne

Offering Memoranda and Mortgage Investment Entities: Select Disclosure Issues

Before discussing some ‘best practices’ in preparing mortgage investment entity issuing documents we should review the key regulatory elements. National Instrument 45-106 Prospectus Exemptions (NI 45-106) provides for the offering memorandum exemption in section 2.9 of NI 45-106 (the OM exemption). NI 45-106... read more
April 14, 2015
By Michael Kwiatkowski

Landlord Remedies for Commercial Tenancies

If a tenant breaches a commercial lease in Alberta, a landlord has four primary options in how they can proceed, that are pursuant to a decision of the Supreme Court of Canada. As the options are mutually exclusive, if a landlord fails to clearly notify a tenant of its election, then the landlord may be banned from clarifying its choice or... read more
April 01, 2015
By Laurie Kiedrowski

LegalEase: New Construction Condominiums and the AREA Condo Resale Purchase Contract

Yes, I know it is just a 4-Plex and yes, I know you do this all the time.  But when it is a condominium and it is new construction, there are a host of potential issues that you may be facing by using the standard AREA Condominium Resale Purchase Contract.  Nine times out of ten, no issues arise.  That... read more
March 17, 2015
By Matthew Burgoyne

Amendments to NI 45-106 - Exempt Market and Private Lending Update

Within the next few months, some very significant legislative changes will be made to the accredited investor and minimum amount investment prospectus exemptions contained within National Instrument 45-106 (NI 45-106). These changes will fundamentally alter the way in which capital is raised under these exemptions and... read more
March 02, 2015
By Jamie Polley

Duty of a Condominium Board Director

Bill 9 is the Condominium Property Amendment Act, (the “Act”) which has received third reading. It has yet to be proclaimed and is, therefore, not yet the law in Alberta. We don’t know when proclamation may occur or the extent of collaboration, if any, to precede proclamation. Numerous provisions in the Act are “subject to Regulation”, meaning the... read more
January 01, 2015
By Austin Paladeau

Personal Injury at the Ski Resort - Who's Responsible?

Winter - the time of year when many Albertans venture to the mountains to ski, snowboard and enjoy the outdoors. Recreational activity in the mountains can be inherently dangerous, and may give rise to hundreds of personal injury claims. But what actually happens if you are injured on the slopes? Can you bring a personal injury... read more
December 11, 2014
By Brent Cooper and Vik Mall

Keep the Holiday Cheer and Avoid the Liability when Hosting a Holiday Party for Employees

For many employers and employees, the holiday season is a time to rejoice and celebrate the successes of the year. Celebrations are often in the form of an annual holiday party with delicious meals and ample alcohol. Regrettably, during this festive season, management (and their legal advisors)... read more

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