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

Condominium owners in Alberta may be aware of the condominium governance regulations that were revised and came into effect at the beginning of this year. An experienced real estate lawyer can answer questions about the new rules. One of the revised regulations involves rental deposits that were formerly known as security deposits.

When a condominium owner rents out a unit, he or she might have to pay a rental deposit to the condominium corporation. This deposit covers maintenance, repairs or replacement of common property and corporation property. The corporation must hold the deposit, which cannot exceed one month's rental or $1,000, in a trust. At the expiration date of the rental period, the deposit or the unused balance must be returned to the owner, including interest, if any was earned.

In many cases in which people in Alberta file civil lawsuits to recover damages sustained, they are unfamiliar with the legal and court proceedings that will follow. The defendant can offer to settle the claim at any stage, even after a court date has been set. When this happens, the plaintiff may not know how to proceed. In most cases, a lawyer with experience in civil litigation can provide valuable advice and guidance.

If the plaintiff receives an offer from the defendant to settle without going to court, the plaintiff has the right to refuse or accept the offer. If the offer is accepted, the defendant can pay the settlement amount into court or directly to the plaintiff. Direct payment will require the plaintiff to issue a dated receipt that contains the amount that was paid, and all the parties must sign it. If the amount is paid to the court, without first negotiating with the plaintiff, the clerk of the court will inform the plaintiff of the offer, and allow 30 days for refusing or accepting the order.

Private business owners in Alberta can, under certain circumstances, refuse to serve clients. Business and commercial law even allows the companies to bar customers from entry, as long as these measures are not in violation of state and federal human rights or other laws. While many businesses have dress standards by which people without shoes or shirts are not allowed entry, race, ethnicity, religion, age and many other grounds may not form the basis for refusing service or admission.

Business owners might not be aware that they may not bar entry to a service animal of a person with a disability, nor may they levy service surcharges for the animal. However, if the business has a policy in place to charge the animal's owner for any damages it caused, such charges may be assessed. The customer with the service dog must be informed of the existence of such a policy.

Many Albertans might consider do-it-yourself kits when they decide it is time to address estate planning. The amount of money they can save by finding cheap -- or even free -- offers to draft wills online is often the primary consideration for choosing to proceed without legal counsel. However, the slightest mistake can ultimately result in a will being declared invalid, and it is therefore not surprising that the DIY kits typically have disclaimers that seek to absolve the entity that offers the service of any responsibility for errors and omissions.

The laws that govern wills and estate planning are complicated, and without legal counsel, incorrect wording or provisions of the will could be incomplete or invalid. Circumstances that require careful consideration before drafting an online will kit include plans to get married or divorced. DIY kits also may not effectively address certain scenarios, situations such as being separated from a partner or living with a common-law spouse.