Owners of commercial enterprises in Alberta have to deal with many challenging situations every day. When disputes arise, they might need legal counsel to help resolve issues through mediation rather than civil litigation. It is a process by which the needs, interests and perceptions of each party are shared, and all work to resolve their differences amicably without laying fault to the other party.
Along with the legalization of marijuana in Canada, including Alberta, come risks that might need careful consideration. Civil litigation might result from a variety of possible circumstances involving cannabis. It must not be forgotten that marijuana is a drug, and although it has medicinal qualities, it could be harmful. Precautions must be taken not only for the welfare of cannabis users but also to protect children who might be offered marijuana containing candy or other edibles.
Property owners or tenants in Alberta must take reasonable care to maintain properties in a way that will not endanger visitors. While civil litigation might follow a slip-and-fall injury suffered in a store, homeowners might be sued if a babysitter, courier, repair technician or a delivery person is injured due to dangerous conditions on owned or rented property. Typical dangerous conditions cited in premises liability lawsuits include damaged driveways, walkways and stairs -- among others.
Passenger safety on buses is a matter of great concern after the tragic Humboldt Broncos bus accident last April. Sixteen people were killed, and thirteen people were injured. Transport Canada is changing its seatbelt policies for highway buses to provide better protection for passengers. Since 1984, Transport Canada has maintained that school buses don’t need seatbelts but is now reviewing its policies regarding seat belts on school buses as well.
When a medical professional is accused of negligence, professional associations are often on hand to deliberate on consequences. These tribunals will sometimes investigate incidents and hand down fines, as well as limiting a person from practicing his or her profession in the future. In addition, criminal charges and civil litigation may be filed. Recently, the Alberta Dental Association and College handed down a fine of $330,000, the highest amount it has ever fined a member of its association.
A terminal diagnosis can bring many stresses to individuals and their families. For those who have not yet addressed issues related to their wills and estates, the need to quickly plan for their family's future can be overwhelming. There are a few steps Alberta adults can take when faced with difficult decisions such as beneficiaries or powers of attorney in the wake of a chronic disease or disability.
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.
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.
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.
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.