When do appeals have to be filed in Alberta?
When appealing a decision of the Court of Queen's Bench of Alberta, litigants must be mindful of timing to appeal. If you miss the...
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craigfloden
Feb 26, 20211 min read
What is Solicitor/Client Privilege?
Solicitor Client Privilege means that information shared with a lawyer by a client cannot be shared (except for in certain situations),...
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craigfloden
Feb 24, 20211 min read
Fired in Alberta: Should I give a counter-offer to my employer?
Employment law cases often have a sudden start. Firings often happen without warning. And the most common tactic used by employers is a...
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craigfloden
Feb 24, 20212 min read
Duress and Settlement Agreements in Alberta
We often come across clients who have previously entered into settlement agreements, and we are often asked are they binding? Sometimes....
685 views0 comments
craigfloden
Feb 22, 20211 min read
Non Est Factum in Alberta
The Court in Business Development Bank v 1956680 Alberta Inc, 2021 ABQB 141 described the plea of non est factum. The plea of non est...
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craigfloden
Feb 21, 20211 min read
Consideration in Alberta Contracts
In order to have an enforceable contract, one of the elements required is consideration. Consideration is often thought of as something...
187 views0 comments
craigfloden
Feb 20, 20211 min read
Alberta Normal Costs Awards
In lawsuits in Alberta, the losing party pays a substantial amount of costs to the winner of the lawsuit. The Alberta Court of Appeal...
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craigfloden
Feb 19, 20211 min read
What is the Common Law?
People tend to be familiar with the term "common law partner" or "common law spouse", however the concept of common law is much broader....
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craigfloden
Feb 18, 20211 min read
Alberta Employment Contract Reviews
As we have touched on previously, part of what our law firm ends up doing is reviewing contracts that employees have agreed upon. Here...
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craigfloden
Feb 17, 20212 min read
Enhanced Costs for Alleging Fraud in Alberta Lawsuits
In certain cases, the courts will order a losing party in a lawsuit to pay enhanced costs for wrongly alleging fraud. The court looked at...
369 views0 comments
craigfloden
Feb 16, 20212 min read
Fundamental Breaches of Contract in Alberta
The Alberta Court of Queen's Bench, reviewing the decision of an arbitrator had a good discussion of fundamental breach in a contract. In...
1,129 views0 comments
craigfloden
Feb 15, 20211 min read
Types of Cause for termination in Alberta
If an employer can prove cause when firing an employee, the employer can be relieved of obligations to pay severance or pay in lieu of...
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craigfloden
Feb 14, 20213 min read
How do courts analyze an Alberta shareholder Oppression Case?
The case of Haack v Secure Energy (Drilling Services) Inc, 2021 ABQB 82 had a good discussion of what courts look for in Shareholder...
420 views0 comments
craigfloden
Feb 13, 20213 min read
Fired for Cause in Alberta: Incompetence
One way that an employer can go about proving cause is if the employer is able to prove that the employee is incompetent in their duties....
188 views0 comments
craigfloden
Feb 12, 20212 min read
How Does Cause Work in Alberta?
In most cases that an employer terminates an employee in Alberta, it is done without cause, and depending on the contract, pay in lieu of...
37 views0 comments
craigfloden
Feb 11, 20211 min read
In Alberta, if you Broke It, Did you in Fact Buy it?
If you have ever wandered into a store filled with rows of breakable glassware with young children in tow, you understand what anxiety...
398 views0 comments
craigfloden
Feb 10, 20213 min read
Interprovincial Crown Immunity
The Alberta Court of Appeal came out with a case which analyzed the concept of interprovincial crown immunity: Fitter International Inc v...
105 views0 comments
craigfloden
Feb 9, 20212 min read
What is Constructive Dismissal in Alberta?
A Constructive Dismissal happens when an employer makes a major change to a key part of the employment contract. In that case the...
412 views0 comments
craigfloden
Feb 8, 20211 min read
Good Faith and the Exercise of Discretion in Contracts
The Supreme Court of Canada recently developed the law regarding good faith in the case of Wastech Services Ltd. v. Greater Vancouver...
32 views0 comments
craigfloden
Feb 7, 20211 min read
I've been Locked out of My Alberta Business by my Business Partner-What Can I Do?
It is common for disputes between co-owners in businesses to escalate. Sometimes this even leads to one of the co-owners unilaterally...
142 views0 comments
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