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Calgary Real Estate, Wills and Estates, and Business Law Blog

Considerations To Keep In Mind When Drafting A Will

Estate planning involves more than just choosing who will inherit your possessions when you pass away. Proper estate planning requires the selection of estate trustee, a power of attorney, legal guardians for minors and creating trusts.

We’ll examine some tips on what to keep in mind when organizing your estate. To start us off, here are some helpful points from national insurer Sun Life Financial to consider when drafting a will.

Choosing A Guardian For Your Children

Drafting a will involves considering our own mortality. Asking yourself what would happen if you passed away. It may be unsettling to think about what you leave behind - especially if you have children.

It’s best to make sure children are properly looked after in the event you and your spouse pass away before they become legal adults. You can do this by naming a guardian in your will to look after them.

Access To Court Records

The details surrounding what is public information and what is private information during a civil litigation proceeding are not always clear. Some individuals may be afraid about what to divulge during their case, and other parties may use misinformation as intimidation.

To help provide clarity on the subject, the Alberta courts have published a comprehensive guide on public and media access pertaining to Alberta’s Court of Appeal, Court of Queen’s Bench and Provincial Court.

Litigating Outstanding Debts: Winning In Court May Only Be The Beginning

Unpaid sums are common causes for disputes among individuals and businesses. One way to recover debts is by pursuing the case in court. Suppose a creditor, the plaintiff, successfully pursues an action for a sum of money owed to the plaintiff by a debtor, the defendant.

Winning a civil suit is only the beginning of settling a claim against a defendant. The Court issues a Certificate of Judgment, stating that a judge has found for the plaintiff. The plaintiff wins a remedy from the defendant.

Time Limits For Bringing Civil Cases To Court

For civil litigation cases, it’s important to act quickly as you may not be allowed to bring a case to court years after the event occurred. There are specific guidelines set out through provincial legislation regarding time limits for specific matters.

Time limits may differ depending on the type of issue, and when the issue was discovered. If you have concerns about bringing your matter to court, consult a litigation lawyer. He or she will be able to tell you if you are able to commence a claim.

Trials: What To Expect When You’re Due In Court

Last week, we outlined the general timeline of a civil litigation case. The last stage was bringing the case to trial. Below, we’ll address how the trial procedure works, and what clients can expect during each part of the process.

 

What Is The Process For A Civil Litigation Case?

When people are faced with a legal dispute, they may not know what steps they should take to achieve a resolution. The legal system may seem intimidating to those who don’t normally interact with the law on the daily basis.

However, the Alberta courts have identified the need for better access to legal information, and published a visual chart on how the legal process works.

Business law changes may cause some companies to move to Alberta

Provincial laws and taxes are often the cause of businesses changing locations. This is a current concern in Manitoba, where energy efficiency programs and cuts to advertising may be contributing to the move of at least one company to Alberta. Provinces often have to weigh the importance of certain new laws with the possible repercussions from the business community.

In Manitoba, plans are motion for a new entity to take over energy efficiency programs from Manitoba Hydro, a crown corporation. This change may influence partner organizations to move, an outcome spelled out in a letter to government officials from Manitoba Hydro's top boss. The boss pointed out that a partner organization, Ecofitt, may consider moving to Alberta due to the changes.

How does construction law address delayed government projects?

Delayed projects and cancelled contracts are one of the biggest challenges construction companies face. When a major project in Alberta gets pushed or cancelled due to budget restrictions or timeline issues, many wonder how this effects the companies involved under construction law. This is certainly a conversation worth having right now as 42 school projects promised by the government years ago remain unfinished.

While the province was under Progressive Conservative leadership, 195 projects were planned as part of a large new school and modernization blitz. Two years ago, the provincial auditor noted that the schools would likely not be built on time. As at least 42 remain unfinished, it appears the auditor was correct. According to reporters, at least six projects have not started, one has been cancelled, and the remaining 34 are behind schedule.

Proposed federal business law changes for emissions under review

Federal regulations often play a major role in business operations. For Alberta oil sands and pipelines, environmental regulations are a constant business law concern. However, the federal government has recently announced that it plans to not require Alberta energy businesses to pass a tough proposed environmental assessment as long as they fit under the province's existing regulatory plan.

Currently, Alberta business law enforces a 100-megatonne emissions cap. Federal bodies say that this cap is consistent with national efforts to hit climate-change targets. As a result, energy project developers will only have provincial regulations to contend with.

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