Long-Term Disability Claims

How much time do you have to take legal action after your claim is denied? After many months (or even years) of providing medical information and corresponding back and forth with your insurance company, your Long-Term Disability claim has been finally denied and you have exhausted all your appeals. You believe your claim was improperly […]

Your Legacy

What Will It Be? What will you leave to your survivors when you die? How will your family remember you? What wise words about life would you like to impart upon your children before your death? These and other similar questions are discussed in the book Willing Wisdom recently authored by Thomas William Deans, Ph.D. […]

Is Using a Cell Phone “Distracted Driving”?

Not Always The Alberta Traffic Safety Act provides that no individual shall drive or operate a vehicle while at the same time holding, viewing or manipulating a cell phone or other similar device, broadly defined to include just about any type of communication or electronic device, or a display screen, or a global positioning system. […]

Supervisors Personally Liable for Negligent Acts of Employees

A recent Ontario case serves as a chilling reminder that negligence on the job that results in death or serious harm can lead to criminal charges against for managers and supervisors. Corporations and their directors and officers may also be held criminally or civilly liable for the actions of their employees and are at risk […]

Assisted Suicide

Have You Set Out Your Wishes In Your Personal Directive? The Criminal Code provision prohibiting assisted suicide has been declared invalid as against a physician who assists in ending the life for a competent adult person who 1) clearly consents to the termination of life; and 2) has a grievous and irremediable medical condition (including […]

Should You Buy Preferred or Restricted Shares in a Corporation?

Are you considering buying shares in a corporation?  If so, be aware that a corporation may have various classes of shares, and not all shares are equal.  This is well illustrated in a recent decision of the Alberta Court of Appeal (1891868 Alberta Ltd. v Central Fund of Canada Limited, 2015 ABCA 331). 1891868 Alberta […]

Employment and Mutual Trust: A Warning to Employers and Employees

Employers who seek to reduce their liability for wrongfully terminating an employee must maintain a relationship of mutual trust with their employee. That is a conclusion to be drawn from the recent decision of the British Columbia Court of Appeal in Fredrickson v Newtech Dental Laboratory [2015] B.C.J. No. 1796. It is a well-known tenet […]

Transfers from Parent to Adult Child

Gift? or Resulting Trust? What are the legal consequences of a transfer of property by a parent to an adult child? Will that transfer be regarded in law as a gift? or as a loan to the adult child? In the 2007 case of Picore v. Picore, the Supreme Court of Canada summarized the law […]