Estate Planning & Litigation Update: Promises Do Keep! Equity Prevails Where Strict Legal Rights Fail
Whether now or later, your word will be your bond. In the opening words of the Supreme Court of Canada’s December 14, 2017 decision in Cowper-Smith v. Morgan, Chief Justice McLachlan wrote some of her final words to the Canadian judiciary, lawyers, and the public, before her retirement on December 15. In her final chapter as […]
Commercial Litigation Update: Alberta Court Of Appeal Finds That Claim For Injury At Mexican Resort Is Litigable In Alberta
The Alberta Court of Appeal has found that a claim for injury at Mexican resort will proceed in Alberta’s courts. In this interesting case, the most important finding was that the vacation contracts were formed in Alberta. See the short summary here: 2016 ABCA 408 (CanLII) | Toews v. Grand Palladium Vallarta Resort & Spa | […]
Is A lost Will A Fatal Event? And, Is A Detailed Intention To Make A Will Enough To Make A Will?
The Alberta Court of Appeal has answered both of these interesting questions, on the same day! Lost and Found – If a Will is lost, how can it be “found” again? Although the Court doesn’t address the more philosophical question here, it does answer the more practical question of what the executors and beneficiaries can […]
Collecting The Rent: Commercial Landlords Should Seize On The Opportunity To Get Paid
Don’t go unpaid. Protect your investment! If your tenant owns property, there’s a solution. Did you know that as a commercial landlord, you have a very effective remedy at your disposal as against a defaulting tenant? It is called “distress for rent.” If your tenant does not pay, you can seize the tenant’s property to […]
Business Diplomacy: Is An Agreement To Arbitrate Privately A Deal The Courts Will Enforce?
Court’s decision should reflect the parties’ deal. When business entities cannot reach agreement to resolve a dispute with discussions, they have a few logical options: negotiation, mediation, or litigation (whether in public court or in private arbitration). Typically, those options are tried in that order. In the recent Alberta Court of Queen’s Bench case in Inter Pipeline […]
What fisherpersons and executors have in common
As promised in our last article, “Will you challenge the Will?“, this next article is about the often-challenging, and rewarding, role that executors play in upholding the testator’s (Will-maker’s) wishes. Being an executor is like being a fisherperson. So you’re wondering, what’s the connection here? Having a game plan Like fishing, being an executor requires […]
Will you challenge the Will?
The commonest reason clients contact me – something unfair happened Imagine your loved one – grandparent, parent, or great-uncle for example – passed away after a long, productive life where, as a result of their hard work, they accumulated lands out in the country that they wanted you to have. They discussed how that special […]
Got Dependents? That May Depend. And, Can They Ever Re-Write Your Plans!
Three approaches in Western Canada dependency claims. The lingo is confusing, and can spark the whole war! The Alberta & Saskatchewan dependency problem – Got money? Give some. Alberta and Saskatchewan subscribe to what is termed the “moral obligation” approach to estate planning, when considering claims advanced by “dependents” (whether a recognised dependent, or one […]
