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	<title>Stillman LLP</title>
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	<description>Edmonton Lawyers</description>
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		<title>Alberta&#8217;s New Family Focused Protocol</title>
		<link>https://stillmanllp.com/2026/05/20/albertas-new-family-focused-protocol/</link>
		
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		<pubDate>Thu, 21 May 2026 04:26:30 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=20789</guid>

					<description><![CDATA[<p>Effective January 2, 2026, family law matters in the Alberta have begun moving through a new system called the Family Focused Protocol (FFP), which effectively replaces the old family law system in Alberta’s Court of King’s Bench. The FFP replaces the previous system, structured around Family Docket Court (which in and of itself was an &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/20/albertas-new-family-focused-protocol/">Alberta&#8217;s New Family Focused Protocol</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Effective January 2, 2026, family law matters in the Alberta have begun moving through a new system called the Family Focused Protocol (FFP), which effectively replaces the old family law system in Alberta’s Court of King’s Bench. The FFP replaces the previous system, structured around Family Docket Court (which in and of itself was an invention of the Covid era) and the more traditional regular and special chambers as directed by the Family Law Practice Note. The FFP also changes how divorce, parenting, support, and family property matters proceed through the Court, particularly from its initial stages. The stated (and lofty) goal of the FFP is to make family litigation more organized, less adversarial, and more focused on resolving issues in a timely manner. </p>
<p>The FFP is intended to represent a significant shift away from the previous system, historically or at least anecdotally plagued by interim court applications toward a more structured process aimed toward obtaining final orders. Instead of dealing with issues piecemeal, the Court now requires a more fulsome picture of the family’s circumstances at the beginning of a case through a series of forms, presumably instead of through actual pleadings. Under the previous system, it was common for matters to involve multiple interim applications before moving to trial.</p>
<p>The new approach aims to focus on structure, early preparation, and proactive case management. Most cases are expected or hoped to move towards resolution within approximately 18 months. </p>
<p>The FFP has only recently been implemented and remains in its early stages and therefore it is essential to stay up to date on developments. Directions to litigants and lawyers are evolving. Ongoing refinements, adjustments, and clarifications to the FFP are anticipated as the process moves forward, and the existing directions provided by the Court leave several questions unanswered as to how to proceed or as to how to apply certain aspects of the new system. </p>
<p>Why Alberta Introduced the FFP:</p>
<p>Alberta introduced the FFP in response to the challenges many families faced under the previous model. Family law disputes can be stressful, expensive, and emotionally difficult, particularly when children are involved. </p>
<p>The FFP is intended to address these concerns by encouraging earlier preparation, greater transparency, and genuine efforts to resolve disputes before involving the Court. The Court now has stated goals of identifying the issues in dispute, setting timelines, and directing how the matter will proceed. It should be noted that moving matters efficiently through the Courts has always been the aim of the Court and the same is already explicitly set out in Alberta’s Rules of Court. To the cynical observer, the new FFP may be seen as providing significant new barriers to entering the court system and represents nothing more than an overtly bureaucratic and cumbersome process to access justice for those in need of relief. It remains to be seen as to whether the FFP will achieve its stated goals and it is hoped that the FFP can work for all Albertans in the long run. </p>
<p>For individuals going through a separation, the new system directs a more fulsome level of steps at the outset and dictates that individuals attempt to resolve matters in advance of entering the court system. Effectively, parties should not wait until a court date to organize their documents, exchange financial disclosure, or think about settlement. </p>
<p>Mandatory Requirements: Four Steps Before You File</p>
<p>Accessing the FFP requires completing several mandatory steps. The Court now acts as a gatekeeper and will generally not schedule a hearing or court appearance unless these requirements have been met, subject to limited exceptions such as urgent matters. Where this will place more disadvantaged litigants with limited funds or those in need of more immediate assistance that Alberta Courts consider to be non urgent remains to be seen.<br />
Notionally, the intent is to ensure that parties have made reasonable efforts to resolve issues and have exchanged the necessary information before appearing before a Justice.</p>
<p>To proceed with a Regular Family Process application under the Family Focused Protocol, four main requirements must be satisfied:</p>
<p>Parenting After Separation (PAS): If your case involves children under 18, both parties are generally required to complete this online course. You must file a certificate showing completion within the last two years, unless an exemption applies. </p>
<p>Alternative Dispute Resolution (ADR): You are generally required to attempt a resolution process outside of Court. This can include mediation, a collaborative law process, or a formal four-way settlement meeting between lawyers and parties. This attempt must generally have occurred within the six months prior to your filing, unless the Court grants an exception.</p>
<p>Comprehensive Financial Disclosure: Financial disclosure is required at the outset of the case. You must provide a Financial Disclosure Statement and the required supporting documentation, such as tax returns and pay statements, and certify that disclosure has been properly exchanged.</p>
<p>Meeting with a Family Court Counsellor: This step applies specifically to self-represented parties with dependent children, unless an exemption applies. It generally does not apply where both parties are represented by counsel.</p>
<p>These requirements are designed to ensure that, by the time a matter reaches the Court, both sides have a clear understanding of the issues. How the courts navigate the presumptively higher costs to access the court system in light of the new requirements remains to be seen. </p>
<p>If a party is unable to complete a requirement, they must request a waiver and clearly explain why the requirement cannot be met. However, a waiver is not required if dispute resolution efforts were unsuccessful; in that case, parties simply complete a Participation in ADR form.</p>
<p>What Is the Mandatory Intake Triage (MIT) Conference?</p>
<p>Once the initial application is filed, the matter moves to a Mandatory Intake Triage (MIT) Conference. This is designed as a key stage in the process. The MIT Conference is not a trial or final hearing. Instead, it is an early case management step where a Justice reviews the file, confirms that all requirements have been met (or properly waived), identifies the issues in dispute, and provides direction on the next steps. In addition, other interim applications can be heard at the MIT stage of the process by the assigned MIT Justice. </p>
<p>Regular, Desk, or Urgent: Which Stream Applies to Your Case?<br />
Once you have completed the Mandatory Intake Triage Conference, your matter will proceed in the stream identified through the triage process. This is a central feature of the Family Focused Protocol in the Court of King&#8217;s Bench of Alberta. Your lawyer can help you understand which stream is likely appropriate for your specific circumstances.</p>
<p>The three primary streams include:</p>
<p>The first is the Regular Family Process, which is the standard track for most contested cases. This process follows a structured timeline and includes completing the mandatory requirements, commencing the action, filing the MIT package, attending the MIT Conference, participating in settlement discussions if required, and proceeding to trial if the matter remains unresolved. </p>
<p>The second is the Desk Process. This stream is designed for matters that can be resolved through written materials. If the parties agree on certain issues, or if the legal questions are straightforward, a Justice may make a decision based on the filed documents. This avoids the need for an in-person hearing and can reduce time and legal costs. </p>
<p>The third is the Urgent Process. If there is an immediate risk of harm, the unauthorized removal of a child, or the imminent loss of property, a matter may qualify for urgent consideration. Specific evidence must be provided to satisfy the Court that the issue cannot wait for the standard triage process.</p>
<p>Selecting the appropriate procedural path is important for managing the cost and duration of your file. The Family Focused Protocol is designed to align each case with the level of judicial oversight it requires, with the goal of reducing unnecessary delay within the Alberta family law system.</p>
<p>Why the 18-Month Timeline Matters for Your Case</p>
<p>Under the Family Focused Protocol in the Court of King&#8217;s Bench of Alberta, most Edmonton family law matters are expected to move toward resolution within approximately 18 months of filing. Whether these timelines are met with regularity or whether the system functions better than that which pre-existed it remains to be seen. </p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/20/albertas-new-family-focused-protocol/">Alberta&#8217;s New Family Focused Protocol</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Intimate Partner Violence</title>
		<link>https://stillmanllp.com/2026/05/19/intimate-partner-violence/</link>
		
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		<pubDate>Tue, 19 May 2026 21:59:27 +0000</pubDate>
				<category><![CDATA[Uncategorised]]></category>
		<guid isPermaLink="false">https://stillmanllp.com/?p=20779</guid>

					<description><![CDATA[<p>On May 15, 2026, the Supreme Court of Canada, in Ahluwalia v Ahluwalia, 2026 SCC 16, recognized the tort of intimate partner violence. This means that individuals in Canada can now sue for the civil wrong of intimate partner violence. Historically, people who experienced abuse in an relationship had limited options when trying to seek &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/19/intimate-partner-violence/">Intimate Partner Violence</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>On May 15, 2026, the Supreme Court of Canada, in Ahluwalia v Ahluwalia, 2026 SCC 16, recognized the tort of intimate partner violence. This means that individuals in Canada can now sue for the civil wrong of intimate partner violence. </p>
<p>Historically, people who experienced abuse in an relationship had limited options when trying to seek compensation through the courts. They were required to rely on previously established torts, such as assault or battery, which did not always reflect the reality of family violence. The Supreme Court of Canada recognized that intimate partner violence is unique, as it is often not just one isolated incident of physical violence. Instead, it often involves a pattern of coercion and control that takes place over months or years.</p>
<p>The new tort recognizes that abuse within a relationship can take many forms. Intimate partner violence may include physical abuse, but it can also include emotional abuse, threats, intimidation, controlling behaviour, isolation from family and friends, financial control, harassment, and psychological abuse. In many relationships, the harm comes from the overall pattern of coercion and control, rather than from a single event.</p>
<p>To establish the tort, a person must generally show that the conduct occurred within an intimate relationship, that the behaviour was intentional, and that it formed part of a pattern of abusive, coercive, or controlling conduct. The Court made it clear that the law should look at the relationship as a whole and consider the overall impact of the behaviour on the victim.</p>
<p>The recognition of this tort is likely to have a significant impact on family law cases going forward. Allegations of family violence already play an important role in decisions involving parenting and protection orders. Now, in appropriate cases, family violence may also lead to a claim for financial damages. As family law continues to evolve, this new tort will likely become an important consideration in many separation and divorce matters involving allegations of abuse or controlling behaviour.</p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/19/intimate-partner-violence/">Intimate Partner Violence</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>The Pitfalls of Holographic Wills</title>
		<link>https://stillmanllp.com/2026/05/13/the-pitfalls-of-holographic-wills/</link>
		
		<dc:creator><![CDATA[Web3 Client]]></dc:creator>
		<pubDate>Wed, 13 May 2026 21:53:42 +0000</pubDate>
				<category><![CDATA[Uncategorised]]></category>
		<guid isPermaLink="false">https://stillmanllp.com/?p=20776</guid>

					<description><![CDATA[<p>What is a holographic will? If your mind immediately goes to the blue, flickering projections from Star Wars (“Help me Obi Wan Kenobi, you’re my only hope”), you’re not alone. As appealing as that might be, holographic wills are not based in science fiction concepts. A holographic will is simply a will that is made &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/13/the-pitfalls-of-holographic-wills/">The Pitfalls of Holographic Wills</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>What is a holographic will? If your mind immediately goes to the blue, flickering projections from Star Wars (“Help me Obi Wan Kenobi, you’re my only hope”), you’re not alone.</p>
<p>As appealing as that might be, holographic wills are not based in science fiction concepts. A holographic will is simply a will that is made entirely in the testator’s handwriting along with the testator’s signature. </p>
<p>Wills in Alberta are governed by the Wills and Succession Act, SA 2010, c W-12.2. For a will to be formally valid in Alberta, the will must in writing and signed by the testator in the presence of two witnesses, who also sign the will. </p>
<p>The holographic will is recognized in Alberta under section 16 of the Wills and Succession Act and it dispenses with the requirement for witnesses.<br />
It sounds quite simple on its face doesn’t it. One may assume that writing down your wishes on a piece of paper and signing it is sufficient to ensure your estate is distributed as intended. In practice, that is not exactly true. </p>
<p>For a holographic will is to be admitted to probate, it must clearly establish the definitive and final intent of the testator for the distribution of their estate. Courts have trouble with holographic wills because of the challenges associated with validating it as the fixed and final intent of the testator. Recall that a holographic will must be entirely in the testator’s handwriting. If a testator later adds amendments to the will that are typed out, those additions would not be admitted to probate. It would then be difficult to establish that the holographic will was the testator’s fixed and final intention. In such circumstances, there may be no valid will at all. This was the case in Baldwin v Van Hout, 2024 ABKB 220.</p>
<p>Any contradictions, ambiguities, or inconsistencies in the holographic will may invalidate it and potentially lead to long and costly legal disputes among the beneficiaries.<br />
Practical issues also arise. One more example is poor penmanship. If certain parts of the holographic will are illegible, the court will have difficulty proving the holographic will is the testator’s true and final intentions. </p>
<p>These considerations, and many others not listed, underscore the importance of consulting a wills and estate lawyer. A lawyer will ensure that all formalities of the Wills and Succession Act are complied with and that your true intentions are articulated in the will. This reduces the risk of uncertainty or disputes. While holographic wills are important in extraordinary or emergency circumstances, a properly drafted and executed will provides a far more secure and reliable means of ensuring your assets are distributed in accordance with your wishes. </p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2026/05/13/the-pitfalls-of-holographic-wills/">The Pitfalls of Holographic Wills</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Reddy v Saroya: The Alberta Court of Appeal’s Message on AI Use in Legal Proceedings</title>
		<link>https://stillmanllp.com/2025/12/01/reddy-v-saroya-the-alberta-court-of-appeals-message-on-ai-use-in-legal-proceedings/</link>
		
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		<pubDate>Mon, 01 Dec 2025 23:17:18 +0000</pubDate>
				<category><![CDATA[Uncategorised]]></category>
		<guid isPermaLink="false">https://stillmanllp.com/?p=19927</guid>

					<description><![CDATA[<p>The Alberta Court of Appeal’s recent decision in Reddy v Saroya, 2025 ABCA 322 marks one of the clearest judicial warnings to date about the professional and procedural risks associated with using artificial intelligence (AI), particularly large language models (LLMs), in the preparation of court materials. While the case dealt primarily with a complex civil &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/12/01/reddy-v-saroya-the-alberta-court-of-appeals-message-on-ai-use-in-legal-proceedings/">Reddy v Saroya: The Alberta Court of Appeal’s Message on AI Use in Legal Proceedings</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The Alberta Court of Appeal’s recent decision in Reddy v Saroya, 2025 ABCA 322 marks one of the clearest judicial warnings to date about the professional and procedural risks associated with using artificial intelligence (AI), particularly large language models (LLMs), in the preparation of court materials. While the case dealt primarily with a complex civil contempt appeal, the Court of Appeal took the unusual step of devoting a significant portion of its reasons to counsel’s use of AI-generated content and the appearance of fabricated case law in a filed factum.<br />
Reddy stands as a turning point in the Canadian courts’ approach to generative AI: not only acknowledging the technology’s growing role in legal practice, but also emphasizing that accuracy, verification, and professional judgment remain non-negotiable.</p>
<p>The Case Behind the Warning<br />
At its core, Reddy involved a long-running business dispute and an appeal of 32 contempt findings for failing to provide adequate responses to undertakings. While the Court ultimately reduced the number of valid contempt findings to 18, it was the way the appellant’s initial factum was prepared that has drawn the most attention.<br />
The appellant’s factum, drafted with the assistance of a third-party contractor, cited seven cases that did not exist, including six that were said to have been decided by the Alberta Court of Appeal itself. Opposing counsel flagged the issue, explaining that after substantial time spent searching authoritative legal databases, the cited authorities simply could not be found.<br />
Appellant’s counsel ultimately acknowledged that the contractor may have used an LLM despite assurances to the contrary, and that he had not verified the sources before filing due to time pressures, illness, and the holiday season. The Court allowed a corrected factum to be filed, but not without comment, and not without consequences still under consideration.</p>
<p>What the ABCA Actually Said About AI<br />
The Court of Appeal’s analysis of AI use is found at paragraphs 73 &#8211; 87 of the decision, where several core principles emerge:<br />
1. Lawyers must understand both the benefits and risks of generative AI (paragraphs 80 &#8211; 82)<br />
Relying on the Law Society of Alberta’s Code of Conduct (Rule 3.1-2) and its Generative AI Playbook, the Court of Appeal emphasized that competence now includes technological competence, which includes an understanding of how generative AI works, where it fails, and how to use it responsibly.<br />
The Court referenced the Law Society’s warning that LLMs will confidently “fill gaps” with invented cases, facts, or citations, and may even fabricate entire opinions if prompted. This phenomenon is referred to as ‘AI hallucination’ and it has become a known and foreseeable risk with the ever-increasing use of generative AI in society. </p>
<p>2. Verification is not optional (paragraphs 81 &#8211; 83)<br />
The Court of Appeal reiterated the Alberta Courts’ October 2023 Notice on Ensuring the Integrity of Court Submissions When Using Large Language Models, which requires:<br />
•	a “human in the loop” for all AI-generated materials,<br />
•	exclusive reliance on authoritative sources (CanLII, official court websites, commercial databases), and<br />
•	meaningful, point-by-point verification of every citation.<br />
The Court of Appeal went further, expressing that the excuses of ‘I was busy’ or ‘the holidays made things difficult’ do not serve as justification to neglect verification:<br />
“The time needed to verify and cross-reference cited case authorities generated by a large language model must be planned for as part of a lawyer’s practice management responsibilities.” (paragraph 83)</p>
<p>3. Counsel bears ultimate responsibility (paragraph 83)<br />
The Court held that the lawyer whose name appears on the filed document is responsible for its content, regardless of who or what helped produce it. This is true even if:<br />
•	the drafting was outsourced,<br />
•	AI use was concealed from the lawyer, or<br />
•	AI was only used at an early stage.</p>
<p>4. Consequences for AI misuse will escalate (paragraph 84)<br />
The Court of Appeal cautioned that:<br />
•	counsel “should not expect leniency” for violating the 2023 Notice;<br />
•	sanctions may include striking submissions or awarding costs against counsel personally;<br />
•	more serious remedies, like contempt proceedings or referrals to the Law Society, may be appropriate where the conduct amounts to an abuse of process.<br />
In Reddy, the Court expressly invited submissions on whether appellant’s lead counsel should personally pay enhanced costs for the improper use of AI-generated materials (paragraph 87). Those costs could be significant.</p>
<p>Why This Matters: The Dangers of Over-Reliance on AI<br />
The weaponization of hallucinated case law is no longer hypothetical. Reddy shows what can happen when AI is used without safeguards:<br />
AI confidently produces false legal authorities.<br />
Even the most advanced LLMs can output convincing but entirely fabricated case names, citations, quotes, or statutory sections.<br />
Real and unnecessary costs are imposed on opposing counsel and the courts<br />
In Reddy, respondent’s counsel spent significant time searching through commercial databases and court archives for non-existent cases.<br />
The integrity of the judicial process is undermined when verification is lacking<br />
As the Court put it, unverified AI-generated submissions “can bring the administration of justice into disrepute” (para 80).<br />
Clients may ultimately pay the price, or their lawyers may be ordered to<br />
The Court’s invitation to consider costs against counsel personally (paras 85 &#8211; 87) signals a strong willingness to deter future misuse.<br />
AI cannot account for context, legal nuance, or ethical obligations<br />
AI tools can assist, but they cannot replace legal judgment, professional responsibility, or the obligations of an officer of the court.<br />
Tying back to the case of Clearview AI Inc v Alberta (Information and Privacy Commissioner), 2025 ABKB 28, discussed in our previous article found here: ALBERTA’S COURT OF KING’S BENCH DECLARES PRIVACY PROVISIONS UNCONSTITUTIONAL , Alberta courts are increasingly willing to engage directly with the realities of emerging technologies, and to impose meaningful boundaries when necessary.</p>
<p>Looking Ahead: Responsible AI Adoption in the Legal Sector<br />
AI is reshaping nearly every area of practice, from document review to trial preparation to client management. The Law Society of Alberta is encouraging lawyers to embrace the technology responsibly and Courts, too, recognize the efficiencies AI can offer.<br />
However, Reddy confirms that in litigation, accuracy is king. As Alberta courts adapt to the realities of generative AI, practitioners must be prepared for:<br />
•	sharper judicial scrutiny of legal authorities,<br />
•	stricter expectations around verification,<br />
•	increasing willingness to impose costs or sanctions, and<br />
•	the incorporation of AI-competence into the definition of a ‘competent lawyer.’<br />
In that sense, Reddy is not just a warning, it is a roadmap for modern legal practice. Generative AI will continue to evolve, and so will the law. For now, Reddy stands as a reminder that while technology can enhance legal practice, it can never replace the lawyer’s critical role in ensuring accuracy, integrity, and respect for the administration of justice.<br />
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/12/01/reddy-v-saroya-the-alberta-court-of-appeals-message-on-ai-use-in-legal-proceedings/">Reddy v Saroya: The Alberta Court of Appeal’s Message on AI Use in Legal Proceedings</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Alberta Government Introduces Draft Legislation Restricting Professional Regulatory Bodies from Disciplining Regulated Members for “Expressive Conduct”</title>
		<link>https://stillmanllp.com/2025/11/30/alberta-government-introduces-draft-legislation-restricting-professional-regulatory-bodies-from-disciplining-regulated-members-for-expressive-conduct/</link>
		
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		<pubDate>Sun, 30 Nov 2025 23:14:05 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=19924</guid>

					<description><![CDATA[<p>The Alberta government recently introduced Bill 13: Regulated Professions Neutrality Act (the “Bill”) into the Legislature for first reading . If passed, the Bill will restrict the ability of professional regulatory bodies (each a “Regulatory Body”) to discipline their respective members (a “Regulated Member”) for “expressive conduct” arising outside of the Regulated Member’s professional duties. &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/30/alberta-government-introduces-draft-legislation-restricting-professional-regulatory-bodies-from-disciplining-regulated-members-for-expressive-conduct/">Alberta Government Introduces Draft Legislation Restricting Professional Regulatory Bodies from Disciplining Regulated Members for “Expressive Conduct”</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The Alberta government recently introduced Bill 13: Regulated Professions Neutrality Act (the “Bill”) into the Legislature for first reading . If passed, the Bill will restrict the ability of professional regulatory bodies (each a “Regulatory Body”) to discipline their respective members (a “Regulated Member”) for “expressive conduct” arising outside of the Regulated Member’s professional duties.<br />
Regulated professions can only be practiced by those who have been granted registration or status by the applicable Regulatory Body, typically after providing proof of competency such as having obtained a specific degree or training. A Regulatory Body’s responsibilities further include overseeing practice of the profession and importantly, disciplining Regulated Members for various types of misconduct.<br />
Notable regulated professions in Alberta include those under the umbrella of the Health Professions Act  such as physicians, dentists, optometrists, as well as lawyers  and accountants .<br />
Mickey Amery (Alberta Minister of Justice and sponsor of the Bill) framed the Bill to the Legislative Assembly as protecting freedom of expression of Regulated Members . The Bill’s treatment of “expressive conduct” can be broken down into three interrelated sections:<br />
	Expressive Conduct<br />
“Expressive Conduct” is defined to mean “an activity or communication that conveys or attempts to convey meaning, but does not include physical violence or property damage.”<br />
Practice of Regulated Profession<br />
“Professional Services” are activities a Regulated Member carries out within the scope of their regulated profession, or in their capacity as a Regulated Member and that are related to their regulated profession.<br />
A Regulated Member primarily engages in practice of their regulated profession if they are:<br />
providing profession services; or</p>
<p>carrying out an activity or interacting with someone carrying out an activity directly related to the operation of a business associated with the provision of professional services by the Regulated Member.<br />
Sanctions for Expressive Conduct<br />
A regulatory body or appeal body must not impose a sanction on a Regulated Member for expressive conduct that occurs outside the practice of the regulated profession.<br />
There are a number of narrow exceptions to the general prohibition on sanctions including where the “expressive conduct” contains threats of physical violence, inappropriate pushing of professional boundaries, or sexual misconduct towards clients, students, or minors.<br />
In defining “expressive conduct,” the Alberta government mimics the seminal Supreme Court of Canada case Irwin Toy Ltd. v. Quebec (Attorney General). There, the Court developed the legal test for determining whether freedom of expression as guaranteed by section 2(b) of the Charter of Rights and Freedoms has been violated, stating<br />
“If the activity conveys or attempts to convey a meaning, it has expressive content and prima facie falls within the scope of the guarantee [of freedom of expression] .<br />
It is almost assured that regulatory proceedings and subsequent judicial reviews arising from the Bill and impugned “expressive conduct” will follow the jurisprudence stemming from the Irwin Toy Ltd. decision closely as to whether a Regulated Member engaged in “expressive conduct” and is thus protected from sanctions by the Regulator.<br />
The strict classification of “practice of the regulated profession” appears to be confined to actively practicing (such as a physician examining a patient or a lawyer meeting with opposing counsel) or managing the business associated with the practice. When paired with the broad definition of “expressive conduct” (being anything conveying or attempting to convey meaning &#8211; save for the noted exceptions), Regulated Members will have substantial freedom to express themselves when they are “off the clock.”<br />
However, the proposed Bill is not without criticism. Legal scholars have expressed concerns about the potential spread of “misinformation”, particularly when that information is coming from an accredited professional. Critics are also concerned the Bill will inhibit the Regulatory Body’s ability to protect the public , which our Courts have consistently stated is the ultimate objective of professional regulation .<br />
The Bill must pass several more debate and review stages in the Alberta Legislature before being proclaimed into law.</p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/30/alberta-government-introduces-draft-legislation-restricting-professional-regulatory-bodies-from-disciplining-regulated-members-for-expressive-conduct/">Alberta Government Introduces Draft Legislation Restricting Professional Regulatory Bodies from Disciplining Regulated Members for “Expressive Conduct”</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>What Is a Vexatious Litigant &#038; What Can You Do If You Are Facing One in Alberta?</title>
		<link>https://stillmanllp.com/2025/11/30/what-is-a-vexatious-litigant-what-can-you-do-if-you-are-facing-one-in-alberta/</link>
		
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		<pubDate>Sun, 30 Nov 2025 23:12:02 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=19922</guid>

					<description><![CDATA[<p>Being drawn repeatedly into Court by the same individual can be frustrating, stressful, and costly. In Alberta, the law recognizes this issue and provides tools to protect individuals and businesses from ongoing abuse of the legal system. Understanding what a vexatious litigant is and how the Courts handle these situations can help you protect your &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/30/what-is-a-vexatious-litigant-what-can-you-do-if-you-are-facing-one-in-alberta/">What Is a Vexatious Litigant &#038; What Can You Do If You Are Facing One in Alberta?</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Being drawn repeatedly into Court by the same individual can be frustrating, stressful, and costly. In Alberta, the law recognizes this issue and provides tools to protect individuals and businesses from ongoing abuse of the legal system. Understanding what a vexatious litigant is and how the Courts handle these situations can help you protect your rights.<br />
What Exactly Does Vexatious Mean?<br />
As per the Judicature Act, RSA 2000, c J-2, vexatious refers to legal actions or behaviour that abuse the Court process. This might include:<br />
•	Persistently filing cases that have already been decided<br />
•	Persistently bringing cases that cannot succeed or have no reasonable chance of providing relief<br />
•	Persistently using the Courts for improper purposes<br />
•	Persistently reusing arguments or issues from previous cases inappropriately<br />
•	Persistently failing to pay costs from unsuccessful proceedings<br />
•	Persistently appealing judicial decisions without success<br />
•	Persistently engaging in inappropriate behaviour in Court<br />
The Court can step in to stop this kind of behaviour before it causes unnecessary harm, while still protecting legitimate claims.<br />
How Alberta Courts Can Help<br />
The Judicature Act provides Courts the authority to restrict an individual from starting or continuing proceedings if they are acting in a vexatious manner. If the Court makes an order, the individual cannot proceed to start a new case or continue an existing one without first getting permission from the Court. The Minister of Justice must be notified to ensure fairness, and the restricted person can later apply for permission to bring a legitimate claim, but the Court must be satisfied that it is reasonable and not an abuse of process.<br />
A Faster Process – Civil Practice Note 7<br />
In addition to the Judicature Act, the Court of King’s Bench has established the Civil Practice Note 7 to provide a streamlined and efficient process for addressing frivolous, vexatious or abusive proceedings. The individual who started the proceedings may be asked to explain in writing why the case should continue. After reviewing the submission, the Court can dismiss or stay the case and, in some situations, restrict the person from filing future proceedings without Court permission.<br />
What the Courts Look For – Case Law<br />
Understanding how courts identify vexatious behaviour can help you see when the legal system can protect you from repeated or abusive filings. Courts focus on patterns of behaviour over time, looking for repeated misuse of the legal process that creates unnecessary stress, expense, or delay.<br />
For example, in Jonsson v Lymer, 2019 ABCA 113, the Alberta Court of Appeal confirmed that repeated abusive litigation, including failing to follow Court rules, can justify restricting a person’s access to the courts.<br />
The Peters v Keef, 2019 ABQB 85, case provides a helpful guide for spotting vexatious behaviour. Courts consider factors such as:<br />
•	Repeatedly relitigating settled issues<br />
•	Escalating disputes unnecessarily<br />
•	Ignoring court orders<br />
•	Making unsubstantiated claims<br />
•	Bringing cases for improper purposes<br />
Other cases, such as Hutton v Sayat, 2024 FC 601, confirm that Courts will intervene whenever ongoing access to the courts undermines the purpose of the legal system, while still protecting legitimate claims.<br />
For you, this means that if you are facing repeated or abusive legal filings, the Court has tools to prevent that behaviour and protect your time, resources, and peace of mind. Knowing what the Court looks for can also help your lawyer present your case effectively.<br />
How Our Firm Can Help<br />
Dealing with repeated or abusive legal claims can be stressful and time-consuming. Our team at Sillman LLP can guide you through the process and help you take the right steps to protect your interests. This might include:<br />
•	Responding effectively to claims that misuse the courts<br />
•	Seeking dismissal of cases or recovering costs<br />
•	Navigating streamlined court processes for abusive or frivolous claims<br />
•	Applying for restrictions to prevent further misuse of the legal system<br />
Because the standard for declaring someone a vexatious litigant is high, this is usually a rare remedy, however, having experienced legal counsel can make a real difference. We can help you understand the process, gather the necessary evidence, and take the appropriate steps to protect your rights and reduce stress.<br />
We are here to help you protect your rights and navigate the process with confidence.</p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/30/what-is-a-vexatious-litigant-what-can-you-do-if-you-are-facing-one-in-alberta/">What Is a Vexatious Litigant &#038; What Can You Do If You Are Facing One in Alberta?</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Real Estate Latent Defects – You Must Disclose or Get Ready to Oppose!</title>
		<link>https://stillmanllp.com/2025/11/29/real-estate-latent-defects-you-must-disclose-or-get-ready-to-oppose/</link>
		
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		<pubDate>Sat, 29 Nov 2025 23:09:27 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=19920</guid>

					<description><![CDATA[<p>Ever heard of the term “latent defect” and unsure what it means? This article breaks down what latent defects are and how they will affect you should they be present in your home during a real estate transaction. Caveat Emptor Principle This is the Latin term for “buyer beware”. Most real estate transactions operate under &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/29/real-estate-latent-defects-you-must-disclose-or-get-ready-to-oppose/">Real Estate Latent Defects – You Must Disclose or Get Ready to Oppose!</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Ever heard of the term “latent defect” and unsure what it means? This article breaks down what latent defects are and how they will affect you should they be present in your home during a real estate transaction.<br />
Caveat Emptor Principle<br />
This is the Latin term for “buyer beware”. Most real estate transactions operate under this principle of “buyer beware,” meaning buyers are responsible for inspecting the property and accepting its condition. That includes hiring a home inspector and possibly trade experts to uncover potential issues.<br />
However, this rule is not absolute. Even with proper due diligence, some problems remain hidden, and that is where latent defects come in.<br />
What Counts as a Latent Defect?<br />
A latent defect is a problem that meets two conditions:<br />
1.	It is hidden and not something a reasonable inspection would uncover.<br />
2.	The seller knew about it and chose not to disclose it.<br />
Examples include chronic roof leaks not properly repaired, foundation leaks or faulty or outdated electrical wiring concealed behind finished walls. These would not be noticeable upon inspection unless the drywall was removed. In contrast, visible issues such as black mold on the rooftop, or crooked light fixtures are not considered to be latent defects and the purchaser is responsible for identifying these issues.<br />
Therefore, you can now understand that latent defects cannot be found through normal inspection, and as such, sellers have a duty to disclose them. If they fail to do so, they may be held liable.<br />
If You Are the Purchaser: What to Do When a Hidden Problem Appears<br />
Discovering a latent defect after closing is stressful, but there are steps you can take:<br />
•	Document everything: photos, inspection findings, and communication with the seller.<br />
•	Gather proof the seller knew: repair records, emails, or information from neighbors.<br />
•	Get legal advice to understand your options, which may include compensation or, rarely, reversing the sale.<br />
•	Explore mediation as a faster and less costly alternative to litigation.<br />
Do not jump at the thought of litigating against the seller. You must understand that the onus to prove that the seller was aware of the latent defects is on the purchaser. Pursuing litigation may seem reasonable, however, it can become very expensive, very fast, and it may be more cost-effective to just repair the issues instead.<br />
If You Are the Seller: Disclosure and Protection<br />
For sellers, transparency is often the best defense. Disclosing known hidden issues, even if they may concern buyers, helps prevent disputes and expensive legal claims down the road. You can always have transparent discussions with the realtors or lawyers to ensure that you are doing your part and have not concealed any issues that may come to the forefront later on.<br />
Even for issues a buyer might reasonably discover, upfront disclosure can reduce the risk of accusations later, especially when the issue could pose a safety concern. Laws in this area can evolve, and leaning toward disclosure provides added protection.<br />
Final Thoughts<br />
Overall, purchasers should arrange a thorough inspection, ask clear and direct questions, and, when uncertain, have their realtor or legal counsel follow up on specific concerns. Sellers, on the other hand, should prepare a detailed list of any known issues and disclose problems that are not visible to the naked eye.<br />
Latent defects can complicate a real estate transaction, but understanding them helps avoid unnecessary disputes. Although “buyer beware” still guides most deals, hidden issues require extra diligence from both sides. With open communication, proper documentation, and the right professional support, buyers and sellers can move forward with greater confidence and fewer surprises.<br />
And as the title suggests, if you are a seller, disclose, because if you choose not to, then be prepared to defend yourself when the buyer seeks compensation for your failure to do so.</p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/29/real-estate-latent-defects-you-must-disclose-or-get-ready-to-oppose/">Real Estate Latent Defects – You Must Disclose or Get Ready to Oppose!</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Personal Injury: A Guide to Damages and Compensation</title>
		<link>https://stillmanllp.com/2025/11/29/personal-injury-a-guide-to-damages-and-compensation/</link>
		
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		<pubDate>Sat, 29 Nov 2025 23:06:52 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=19918</guid>

					<description><![CDATA[<p>Personal Injury: A Guide to Damages and Compensation ________________________________________ Back In February, this blog detailed the proper steps to take after an injury to make sure you can receive the highest compensation you deserve. Here, we will break down the different types of compensation you may be entitled to. The monetary amount you are awarded &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/29/personal-injury-a-guide-to-damages-and-compensation/">Personal Injury: A Guide to Damages and Compensation</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Personal Injury: A Guide to Damages and Compensation<br />
________________________________________<br />
Back In February, this blog detailed the proper steps to take after an injury to make sure you can receive the highest compensation you deserve. Here, we will break down the different types of compensation you may be entitled to. The monetary amount you are awarded in personal injury cases is also known as “damages”. The modern approach to assessing personal injury damages stems from three landmark Supreme Court of Canada decisions often referred to as the “Trilogy”. The leading case from this Trilogy is Andrews v Grand &#038; Toy Alberta Ltd, [1978] 2 SCR 229.<br />
Generally, there are two categories of damages: Non-Pecuniary and Pecuniary. Andrews pioneered the Canadian Courts current analysis on Non-Pecuniary damages.<br />
Non-Pecuniary Damages<br />
Non-pecuniary damages are also known as “pain and suffering” and “general” damages. These damages are not necessarily quantifiable, and the amount awarded is in the discretion of the Courts depending on the injuries suffered and the impact on your life. Non-pecuniary damages encompass general pain, loss of enjoyment of life, and loss of amenities. Alberta courts also tend to follow British Columbia decisions when assessing non-pecuniary damages and look at factors such as the injured person’s age, lifestyle, credibility, and mental impacts from the injuries. For example, Brad, a 20-year-old, is injured in a motor vehicle collision. Brad is physically active and plays both football and hockey. Brad is assessed with a moderate traumatic brain injury and severe whiplash and can no longer play football or hockey for the rest of his life. The courts will weigh give these factors significant weight when assessing non-pecuniary damages. Brad is more likely to receive a higher amount of non-pecuniary damages for the same injury then say a 45-year-old who is not physically active.<br />
The Andrews case also established the overarching goal of awarding non-pecuniary damages is to put the injured person back to where they were prior to the injury. The idea is that money is a strong enough alternative to bring a person some comfort and support for their injuries, but that money can never make them whole again. Andrews is also known for creating a maximum cap of non-pecuniary damages that an injured person may seek. This cap was $100,000.00 back in 1978, which adjusted for inflation would total approximately $450,000.00 today. This maximum cap is limited to severely debilitating injuries such as total loss of mobility or a severe traumatic brain injury causing extensive neurological damage. It is also important to note that the Courts do look at relevant pre-existing injuries when calculating non-pecuniary damages.<br />
Pecuniary Damages<br />
Pecuniary damages are generally quantifiable damages and typically fall into different categories.<br />
Loss of Income<br />
Loss of income is one of the simpler categories of pecuniary damages to calculate. It is calculated by taking your pay and applying it to the amount of time you missed work due to your injuries. This category assesses your pay stubs, bonuses, and other forms of compensation to calculate what you are owed from the date you were injured until you can return to work.<br />
Future Loss of Earning Capacity<br />
This category is much more complicated than loss of income and requires the Courts to look ahead to the future to assess the hypothetical earning potential of a person. The Alberta case Meehan v Holt, 2010 ABQB 287 summarized the test:<br />
When a plaintiff suffers an injury which reduces his or her capacity to earn an income, a capital asset has been diminished. For this a plaintiff must be compensated. Loss of capacity must be established as a reasonable possibility and not as mere speculation.<br />
For example, say Joe was working a manual labour job in the oil and gas sector up north. Joe has been working this job for 3 years and is now making $100,000.00 per year. Joe is in line to receive a promotion soon. Joe is then severely injured in an accident and can no longer perform manual labour and he is relegated to working a non-labour job making $40,000.00 per year for the rest of their life. This example is a little extreme but these types of cases do happen regularly.<br />
In this example, the Courts would assess Joe’s future loss of earning capacity by calculating his earning potential for the rest of his career in the manual labour job and measuring it against potential adverse effects if he were to continue in that career. Adverse effects here would be things such as the likelihood you would be injured at work and being laid off. His earning potential would be measured by his likelihood of moving up the ladder in his company and estimating what his potential salary would be years down the road. From there, the assessment weighs it against Joe’s current employment to estimate what his future earning capacity would have been but for the injuries.<br />
Loss of Housekeeping Capacity<br />
Loss of housekeeping capacity assesses a person’s ability (or inability) to perform basic household chores including cooking, cleaning, laundry, yard work, and dishes. This category recognizes that performing these housekeeping tasks have a basic economic value and that compensation is deserved if an injured person’s ability to accomplish these tasks is impacted.<br />
Loss of housekeeping capacity can be calculated for both the past and future depending on the severity of the injury. Alberta courts have often used $25.00/hr to calculate loss of housekeeping capacity and look at evidence of whether a family member has had to perform the majority of the chores or if the injured person has hired outside help.<br />
Cost of Future Care<br />
This category again looks to the future to determine how much care an injured person will continue to need. Generally, this category has to do with ongoing treatment expenses such as physiotherapy or a need for attendant care. The claim for cost of future care can increase dramatically if someone suffers severe and/or debilitating injuries. This category can also be applied to the past, if say a family member takes care of an injured person which can assist in determining the future care amount. Past cost of future care where a family member is assisting in the care of an injured person is also known as an “In Trust Claim”. In trust claims are generally rarer to claim in damages than cost of future care.<br />
Special Damages<br />
Special damages are direct out-of-pocket expenses an injured person has paid due to the accident. Examples include parking at clinics, mileage for travel to medical appointments, medication, and home care items such as crutches. It is important to keep and organize all these receipts if you are injured as they are compensable.<br />
Costs and Disbursements<br />
This is the final category of pecuniary damages that are generally claimed. These include compensable costs to offset legal fees and the disbursement costs incurred throughout the Court action. Disbursements include the expenses incurred by your lawyer to receive documents on your behalf such as medical expert reports.<br />
Minor Injury Cap<br />
Back in 2004, Alberta created a Minor Injury Regulation that puts a cap on soft tissue injuries such as sprains, strains, and whiplash suffered from motor vehicle collisions. These soft tissue injuries can go beyond the minor injury cap – and oftentimes they do – but are considered minor if there is no serious impairment. In 2025, the minor injury cap was assessed at $6,182.00, a 2% increase from 2024. The cap in 2026 is likely to increase a slightly from 2025’s.<br />
Alberta’s Move to No-Fault Insurance<br />
On May 15, 2025, The Automobile Insurance Act received royal assent and is planned to be implemented on January 1, 2027. Under this new scheme auto insurance becomes “no-fault” which will severely limit an injured person’s ability to sue an at fault driver for his or her injuries in motor vehicle accidents. This will most likely directly impact one’s claim for non-pecuniary damages. We won’t truly know the full impact of this new scheme until it is implemented in 2027, but for 2026 the normal rules will apply and will continue to apply to non-motor vehicle accident injury cases such as slip and falls, medical malpractice, assault and battery, animal attacks, and recreational injuries. </p>
<p>Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/11/29/personal-injury-a-guide-to-damages-and-compensation/">Personal Injury: A Guide to Damages and Compensation</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Wills &#038; Estates: Protecting Your Interests with Stillman LLP</title>
		<link>https://stillmanllp.com/2025/07/22/wills-estates-protecting-your-interests-with-stillman-llp/</link>
		
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		<pubDate>Tue, 22 Jul 2025 20:00:33 +0000</pubDate>
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					<description><![CDATA[<p>Wills &amp; Estates: Protecting Your Interests with Stillman LLP Definition of Wills &amp; Estates Wills and Estates refer to the legal process of planning for the distribution of a person's assets and property after their death. It is necessary to receive the proper legal aid to create a Will, which is important because it allows &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/07/22/wills-estates-protecting-your-interests-with-stillman-llp/">Wills &#038; Estates: Protecting Your Interests with Stillman LLP</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h1>Wills &amp; Estates: Protecting Your Interests with Stillman LLP</h1>
<h2>Definition of Wills &amp; Estates</h2>
<p>Wills and Estates refer to the legal process of planning for the distribution of a person&#8217;s assets and property after their death. It is necessary to receive the proper legal aid to create a Will, which is important because it allows an individual to dictate how their assets will be distributed, rather than having the state make these decisions for them. This article aims to provide an overview of the basics of Wills and Estates, including the definition of a Will, the importance of estate planning, and the probate process. The purpose of the article is to educate individuals on the significance of having a Will and the various tools and processes involved in estate planning. At Stillman LLP, our priority is the best interests of our clients. Get in touch with us today and get the legal aid you need.</p>
<p><img loading="lazy" class="wp-image-13219 aligncenter" src="https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-300x200.jpg" alt="Wills &amp; Estates and Legal Aid from Stillman LLP" width="800" height="534" srcset="https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-200x134.jpg 200w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-300x200.jpg 300w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-400x267.jpg 400w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-600x401.jpg 600w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-768x513.jpg 768w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-800x534.jpg 800w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-1024x684.jpg 1024w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-1200x801.jpg 1200w, https://stillmanllp.com/wp-content/uploads/2025/07/legal-aid-will-estates-stillman-llp-1536x1025.jpg 1536w" sizes="(max-width: 800px) 100vw, 800px" /></p>
<h2>What is a Will?</h2>
<p>A Will is a legal document that outlines how an individual&#8217;s assets and property will be distributed upon their death. It is a crucial tool for estate planning, as it ensures that a person&#8217;s wishes are carried out after they pass away. The components of a Will include the appointment of an executor, who is responsible for carrying out the terms of the Will. The Will also designates beneficiaries, who will receive the individual&#8217;s assets and property. Additionally, the Will outlines the distribution of assets, including real estate, personal property, and financial accounts. If the individual has minor children, they may also name a guardian to care for the children in the event of their death.</p>
<p>There are several types of Wills, including simple Wills, testamentary trust Wills, and living Wills. A simple Will is a straightforward document that outlines the distribution of assets and the appointment of an executor. A testamentary trust Will allows for the creation of a trust to manage the distribution of assets. A living Will, also known as an advance directive, outlines the individual&#8217;s wishes for their medical treatment if they are unable to make decisions for themselves. A Will is a crucial tool for estate planning, as it ensures that a person&#8217;s wishes are carried out after they pass away. It is important for individuals to understand the various components and types of Wills, and to have a plan in place for the distribution of their assets and property.</p>
<h2>Estate Planning</h2>
<p>Estate planning is the process of planning for the distribution of an individual&#8217;s assets and property after their death. It is important because it allows a person to dictate how their assets will be distributed, rather than having the state make these decisions for them. Estate planning also helps to minimize the tax implications and other expenses associated with the distribution of assets. There are several estate planning tools that individuals can use, including Wills, trusts, powers of attorney, and health care directives.</p>
<p>A Will is a legal document that outlines how an individual&#8217;s assets and property will be distributed upon their death. Trusts allow for the management of assets during a person&#8217;s lifetime and after their death. Powers of attorney grant someone else the authority to make decisions on behalf of an individual, while health care directives outline the individual&#8217;s wishes for their medical treatment if they are unable to make decisions for themselves. Estate planning is an important process that allows individuals to control the distribution of their assets and property after their death.</p>
<h2>Probate</h2>
<p>Probate is the legal process of distributing a person&#8217;s assets and property after their death, as outlined in their Will. The purpose of probate is to ensure that a person&#8217;s assets are distributed in accordance with their wishes, as outlined in their Will. The probate process begins with the filing of the Will in court. The court will appoint an executor, who is responsible for carrying out the terms of the Will. The executor must then perform an inventory of the deceased person&#8217;s assets, including real estate, personal property, and financial accounts. Next, the executor must pay any outstanding debts and taxes, and distribute the remaining assets to the designated beneficiaries. The entire probate process involves: filing of the Will in court, appointing an executor, an inventory of assets, the payment of debts and taxes, and the distribution of assets.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/07/22/wills-estates-protecting-your-interests-with-stillman-llp/">Wills &#038; Estates: Protecting Your Interests with Stillman LLP</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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		<title>Family Law: Navigating the Complexities with Stillman LLP</title>
		<link>https://stillmanllp.com/2025/07/15/family-law-navigating-complexities-stillman-llp/</link>
		
		<dc:creator><![CDATA[Web3 Editor]]></dc:creator>
		<pubDate>Tue, 15 Jul 2025 20:00:42 +0000</pubDate>
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		<guid isPermaLink="false">https://stillmanllp.com/?p=13213</guid>

					<description><![CDATA[<p>Family Law: Navigating the Complexities with Stillman LLP Family law is complex because it involves a wide range of legal issues that are often emotionally charged and personal in nature. These issues can include divorce, child custody and support, domestic violence, and adoption, among others. Each case can be unique and may involve a variety &#91;...&#93;</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/07/15/family-law-navigating-complexities-stillman-llp/">Family Law: Navigating the Complexities with Stillman LLP</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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										<content:encoded><![CDATA[<h1>Family Law: Navigating the Complexities with Stillman LLP</h1>
<p>Family law is complex because it involves a wide range of legal issues that are often emotionally charged and personal in nature. These issues can include divorce, child custody and support, domestic violence, and adoption, among others. Each case can be unique and may involve a variety of legal, financial, and personal factors that must be taken into consideration. Additionally, family law can also vary from province to province, making it even more complex.</p>
<p><img loading="lazy" class="aligncenter wp-image-13214" src="https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-300x200.jpg" alt="Family lawyers and law services from Stillman LLP" width="800" height="534" srcset="https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-200x133.jpg 200w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-300x200.jpg 300w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-400x267.jpg 400w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-600x400.jpg 600w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-768x513.jpg 768w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-800x534.jpg 800w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-1024x683.jpg 1024w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-1200x801.jpg 1200w, https://stillmanllp.com/wp-content/uploads/2025/07/family-law-stillman-llp-1536x1025.jpg 1536w" sizes="(max-width: 800px) 100vw, 800px" /></p>
<h2>Divorce</h2>
<p>If you&#8217;re going through a divorce that involves family law, there are several important points to keep in mind. Make sure you understand the jurisdiction and residency requirements for filing for divorce in your province. It&#8217;s important to be familiar with the grounds for divorce in your province, which can range from irreconcilable differences to fault-based grounds such as adultery or abuse. You should also know how property is divided in your province, as it can be either a community property province or an equitable distribution province.</p>
<p>When it comes to child custody and support, it&#8217;s important to be aware of how it is determined in your province, which is usually based on the best interests of the child. Spousal support issues can also be a factor, such as the length of the marriage, each spouse&#8217;s earning capacity, and any contributions to the marriage. Consider alternative dispute resolution methods such as mediation as it can be quicker and less expensive than going to court. Finally, consider hiring a family law attorney to represent you, as divorce can be a complex and emotional process and having a knowledgeable advocate can help protect your rights and interests.</p>
<h2>Child custody and support</h2>
<p>When dealing with child custody and support in a family law case, there are several important points to keep in mind. Child custody and support decisions are made based on the best interests of the child, which takes into consideration factors such as the child&#8217;s relationship with each parent, the child&#8217;s safety and welfare, and the child&#8217;s educational and emotional needs. It&#8217;s important to be familiar with the different types of custody, including physical custody, legal custody, and joint custody. Child support is typically calculated based on factors such as the income of each parent, the number of children, and the amount of time each parent spends with the children. If a parent who is ordered to pay child support does not do so, there are enforcement mechanisms available, such as wage garnishment or seizure of assets.</p>
<p>Child support orders can also be modified if there is a significant change in circumstances. Consider developing a parenting plan that outlines how custody, support, and other issues will be handled, as it can help reduce conflict and promote cooperation between parents. It’s important to consider hiring a family law attorney to represent you, as child custody and support can be complex and emotionally charged, and having a knowledgeable advocate can help protect your rights and interests. It&#8217;s important to research and understand the specific requirements in your province as child custody and support laws and procedures can vary from province to province.</p>
<h2>Adoption</h2>
<p>When dealing with adoption in a family law case, there are several important points to keep in mind. Familiarize yourself with the different types of adoption, such as stepparent adoption, agency adoption, and international adoption. Be aware of the eligibility requirements for adoption, which can vary based on factors such as age, marital status, and income. Prepare for a home study, which is an evaluation of your family and home environment, and know that the consent of the biological parents is usually required for adoption. Be prepared for background checks and be aware of the costs associated with adoption, which can include legal fees, agency fees, and court costs. Understanding the adoption process, which can include filing a petition, appearing in court, and finalizing the adoption, is also crucial.</p>
<p>Consider hiring a family law attorney to represent you, as adoption can be a complex process and having a knowledgeable advocate can help protect your rights and interests. Adoption laws and procedures can vary from province to province, so it&#8217;s essential to research and understand the specific requirements in your province. Additionally, be prepared for a long and emotional process as adoptions can take several months or even years to complete.</p>
<h2>Domestic violence</h2>
<p>When dealing with domestic violence in a family law case, it&#8217;s important to be familiar with the legal remedies available to protect yourself and your children. This may include obtaining a restraining order, also known as a protective order, which can prohibit the abuser from having contact with you and your children. Additionally, you may be able to seek exclusive use and occupancy of your shared home, temporary custody of your children, and support for yourself and your children. It&#8217;s also important to know that domestic violence can have a significant impact on child custody and support decisions, as the court will take the safety and welfare of the children into consideration. In some cases, a finding of domestic violence can result in a parent losing custody or being restricted to supervised visitation with the children.</p>
<p>If you are a victim of domestic violence, consider reaching out to a local domestic violence organization for support and resources, as well as hiring a family law attorney to represent you in court. Additionally, be aware that domestic violence laws can vary from province to province, so it&#8217;s essential to research and understand the specific requirements in your province.</p>
<h2>Paternity</h2>
<p>In family law cases involving paternity, determining the legal father of a child is a crucial step in determining child custody, support, and visitation rights. Paternity can be established through marriage, which assumes that the husband is the legal father of any children born during the marriage. If the parents are not married, paternity can be established through voluntary acknowledgment or through genetic testing. Once paternity has been established, the father has the legal obligation to support the child and may be entitled to custody or visitation rights.</p>
<p>In some cases, a paternity dispute may arise, and a court may need to determine paternity through genetic testing or other evidence. If you are involved in a paternity case, it&#8217;s important to understand your rights and obligations as a legal parent, and to consider hiring a family law attorney to represent you in court. Additionally, be aware that paternity laws can vary from province to province, so it&#8217;s essential to research and understand the specific requirements in your province.</p>
<h2>Guardianship</h2>
<p>In family law cases involving guardianship, a guardian is appointed by a court to make decisions and provide care for a minor child or for an incapacitated adult. Guardianship can be full or limited, depending on the extent of the decision-making authority granted by the court. When a minor child&#8217;s parents are unable or unwilling to care for their child, a guardianship may be established to provide a stable home environment. In the case of an incapacitated adult, a guardianship may be necessary to make decisions regarding their health, finances, and other aspects of their life.</p>
<p>The appointment of a guardian is a serious matter and is subject to court oversight and review. If you are seeking to become a guardian or are involved in a guardianship case, it&#8217;s important to understand your rights and responsibilities as a guardian and to consider hiring a family law attorney to represent you in court. Additionally, be aware that guardianship laws can vary from province to province, so it&#8217;s essential to research and understand the specific requirements in your province.</p>
<h2>Juvenile law</h2>
<p>Family law cases involving juvenile law pertain to minors who are accused of committing a crime or are in need of protection and care. Juvenile cases are heard in juvenile court, which operates differently than adult criminal court. The primary focus of juvenile court is rehabilitation and reintegration rather than punishment. In cases where a minor is accused of a crime, the court will determine if they should be adjudicated as a juvenile delinquent. If the minor is found to be delinquent, the court may impose sanctions such as probation, community service, or placement in a juvenile detention center. In cases where a minor is in need of protection and care, the court may remove the minor from their home and place them in the care of a relative or in a foster home.</p>
<p>If you are involved in a juvenile law case, it&#8217;s important to understand the unique procedures and objectives of the juvenile court system and to consider hiring a family law attorney to represent you in court. Additionally, be aware that juvenile law can vary from province to province, so it&#8217;s essential to research and understand the specific requirements in your province.</p>
<p>The post <a rel="nofollow" href="https://stillmanllp.com/2025/07/15/family-law-navigating-complexities-stillman-llp/">Family Law: Navigating the Complexities with Stillman LLP</a> appeared first on <a rel="nofollow" href="https://stillmanllp.com">Stillman LLP</a>.</p>
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