Dividing one spouse or partner’s pension when the relationship ends can be complicated. The end goal is a just and equitable division under Alberta’s Family Property Act. A common question I receive is whether the law treats pensions differently from other family property when dividing assets … [Read more...]
Thumbs Up Emoji Seals the Deal
Can a thumbs up emoji create legally binding obligations? The Supreme Court of Canada may consider this in the case of Achter Land & Cattle Ltd. v South West Terminal Ltd. The Supreme Court of Canada is considering a leave to appeal application filed by Achter Land & Cattle Ltd. (Achter … [Read more...]
Cyberbullying: Bullying through social media
With Canadians spending increased time on social media platforms, cyberbullying has skyrocketed with 71% of young Canadians reporting seeing online hate content. Criminal and civil laws offer ways to deal with it. Cyberbullying on social media has become a major problem in the 21st century. … [Read more...]
The Evolution of Canadian Law
Since Canada became a country in 1867, Canadian law has evolved from that of a British colony to a sovereign state, including major developments like the Charter, the Criminal Code and the Divorce Act. EDITOR’S NOTE This article was first published in LawNow on May 5, 2017. It was reviewed … [Read more...]
Tenant Move-Outs: Cleaning and security deposit deductions
A common issue when moving out of a rental unit is what charges, including cleaning charges, a landlord can deduct from the tenant’s security deposit. A tenant's lease ends in one week, and the landlord has already notified them to move out. Everything in the rental looks clean, but should the … [Read more...]
When Can the Government Infringe Upon my Rights: The Oakes test
Courts in Canada use the Oakes test to decide whether a government’s law, policy or action is justified even though it infringes on someone’s Charter rights. When an individual believes a government’s law, policy or action has infringed on their Charter rights, courts use the Oakes test to … [Read more...]
Magna Carta Informs Our Criminal Law
The Magna Carta, signed in 1215, includes important legal concepts found today in our justice system, including the Rule of Law, jury trials, appointing qualified judges, evidence and access to justice. EDITOR'S NOTE This article was first published in LawNow on November 2, 2015. It was … [Read more...]
Don’t Leave Pay Behind: Know your rights under Alberta’s employment standards laws
Alberta’s Employment Standards Code sets out minimum standards employers must follow about minimum wage, minimum hours of work, overtime hours and pay, and more. Alberta’s Employment Standards Code (the Code) sets out the minimum standards that employers must provide to employees in Alberta. … [Read more...]
Annexation and the Use of Force
Annexation is one state forcibly acquiring another state’s territory, usually through a treaty or use of force. It is illegal under international law. Recently, there has been increased discussion in the media about annexation. Many are now asking what this term really means and how it comes … [Read more...]
Acting as Personal Representative for an Estate: What you need to know
Acting as the personal representative for an estate is a big responsibility that comes with legal obligations to the estate and its beneficiaries. Being prepared to act is an important first step. A personal representative is a person who has authority to manage the estate of a deceased person. … [Read more...]