Publications

November 12, 2014

“Who’s Your Daddy?” Compelling DNA Testing

Knowing “who’s your daddy” may have more legal relevance than most people realize, particularly for child support obligations and for a beneficiary’s entitlement to an inheritance. Presumptions of paternity can be made under the Family Law Act in Alberta; however, parentage can also be established by other means. The best possible evidence to... read more
October 22, 2014
By Rahim Merchant

The Oppression Remedy: Can it be used by a terminated employee who is also a shareholder?

Terminating any employee can have serious repercussions if not done correctly from a legal standpoint. Employers must recognize that terminating an employee who is also a shareholder of the corporation can be even more complex and that an oppression remedy is available to the employee/shareholder.... read more
September 08, 2014
By Garrett Hamilton and Austin Paladeau

Business Structure Options

When starting a new business venture, a commonly asked question is: “What business structure is best for me and my business?”. There are a variety of different options for conducting business in Alberta, each with their own benefits and drawbacks. This article provides a brief overview on a few of these choices and the potential legal implications that may... read more
September 01, 2014
In the Candian Association of Insolvency and Restructuring Professionals magazine, Rebuilding Success, Matthew Burgoyne explains what bitcoin transactions are, including legal developments in Canada related to bitcoin. Read the article here.
August 14, 2014
By Michael Kwiatkowski

Dismissal of an action if delayed too long: The end of the road

On November 1, 2010, the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) amended Rule 4.33, whereby an action commenced in the Court of Queen’s Bench of Alberta (and arguably the Provincial Court of Alberta (Civil)) must be dismissed if two (2) or more years have passed without “significant advance” in the action.... read more
January 09, 2014
By Chad Johnson

Disclosure Matters: Foreign Owned Assets Must be Fully Disclosed

Full disclosure is of critical importance in reaching a just and equitable division of property under the Matrimonial Property Act. Complete financial disclosure includes all assets held in Alberta and owned in foreign countries. The importance of the disclosure of all foreign owned assets was recently reinforced by the... read more
June 06, 2014
By A. Neil Hutton

When can a Mortgage Investment Corporation Distribute a Dividend?

Exempt Edge, Summer 2014 A Mortgage Investment Corporation (MIC) is a unique entity in the corporate world because the provisions of the Income Tax Act (Tax Act) permits a MIC to deduct from its income the amount of taxable dividends it pays to its shareholders. The Tax Act also permits a MIC to pay out substantially all... read more
April 23, 2014
By A. Neil Hutton and Ryan Franzen

The Trigger Test: How to Determine if you need an EMD to Raise Capital in the Exempt Market

From The Exempt Edge, Spring 2014 With the introduction in 2009 of National Instrument 31-103 Registration Requirements, Exemption and Ongoing Registrant Obligations (NI31-103) and the substantial amendments to National Instrument 45-106 Prospectus and Registration Exemptions (NI45-106), the... read more
April 16, 2014

Fortune may Favour the Bold: Alberta Follows Suit after SCC Encourages Broad Interpretation of Summary Judgment Rules

In its decision, Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada encouraged the courts to interpret summary judgment rules “broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims.” (at para. 5) Summary... read more
April 14, 2014
By Jared L. Kantor

Schwartz Estate v. Kwinter: A Cautionary Tale for Estate Litigation

Schwartz Estate v Kwinter (2013 ABQB 147, [Schwartz]) is a seminal decision for anyone considering estate litigation. The Plaintiff commenced an action to prove the deceased’s will and admit it for probate purposes. After 8 years of litigation under case management, the Defendants discontinued their defense and... read more

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