The Tort of Harassment
Alberta appears to have developed a new tort in Alberta Health Services v Johnston, 2023 ABKB 209 in establishing the tort of harassment. The Defendant in this matter was an online talk show host and [...]
Imputing Income: Peters v. Atchooay, 2022 ABCA 347
Alberta has a new set of standards/test as to how it will impute income for support purposes. In the case of Peters v Atchooay, 2022 ABCA 347 (hereinafter, “Peters”), the court held that the test [...]
A Mouse in My House: Understanding Minimum Housing and Health Standards for Residential Tenancies
In residential tenancies, one of the most common disputes is assigning whose responsibility it is to deal with damage to the rental premises. While reasonable wear-and-tear from daily use is common, there are occasions where [...]
Upcoming Amendments to the Trustee Act in Alberta
Earlier this year, the Government of Alberta announced the new Trustee Act, SA 2022, c T-8.1 (formerly Bill 12) which will come into force on February 1, 2023. For those appointed as a trustee, there [...]
The Insurance (Enhancing Driver Affordability and Care) Amendment Act, 2020
The Provincial Government enacted Bill 41: the Insurance (Enhancing Driver Affordability and Care) Amendment Act (“Bill 41”) in 2020. In early 2022, the changes brought on by Bill 41 came into effect. These changes have [...]
Prompt Payment and Construction Lien Act
On August 29, 2022, the Builders’ Lien Act was amended and renamed the Prompt Payment and Construction Lien Act (the “PPCLA”). A primary goal of the amendment is to create a system to ensure contractors [...]
When Can an Individual be Concurrently Liable in Tort with a Corporation?
On January 21st, 2022 the Alberta Court of Appeal released its decision in Driving Force Inc. v. I Spy-Eagle Eyes Safety Inc. The court addressed whether the sole director of I Spy-Eagle Eyes Safety Inc. [...]
How Long Does an Employee Have to Reject Unilateral Changes to Their Employment: Kosteckyj v Paramount Resources Ltd. (2022 ABCA 230)
When most people think about termination in the employment context, the issue of “cause” often comes to mind first. This is unsurprising given that a termination without cause imposes obligations on the employer to either [...]
Update on Grandparent Rights to Contact with Grandchildren
The issue of a grandparent’s right to have time with their grandchildren was recently explored by the Alberta Court of Appeal in VW v AT, 2022 ABCA 261. Often, when couples separate they enter into parenting [...]
The Interpretation of Releases: Corner Brook (City Of) v Bailey, 2021 SCC 29
A release is a type of contract often used when two or more parties reach a settlement. The purpose of the release is to provide finality and a degree of certainty to the parties that [...]
