ArticleWhy You Need A WillThere are many reasons for you to make a will. Do you have children? Do you own a house, car, valuable personal items, or shares in a business?CanadaFamily and MatrimonialMcLennan Ross LLP
ArticleTowards A More Relaxed Interpretation Of The Builders' Lien ActA few recent cases from Alberta Masters show a trend towards a less strict interpretation of lien deadlines and requirements.CanadaReal Estate and ConstructionMcLennan Ross LLP
ArticleAsset Sales: Successor Liability IssuesThe Alberta Court of Queen's Bench has recently confirmed that the American doctrine of corporate successor liability has no application in Alberta. CanadaCorporate/Commercial LawMcLennan Ross LLP
ArticleEmployer Liability When Providing Employee ReferencesIf you can't say anything nice, is it better to say nothing at all?CanadaEmployment and HRMcLennan Ross LLP
ArticleEmployers Beware: The Implications Of The Waksdale Decision On Termination ClausesA recent decision out of the Ontario Court of Appeal, Waksdale v. Swegon North America Inc., 2020 ONCA 391, casts some doubt on the protections afforded by termination clauses contained...CanadaEmployment and HRMcLennan Ross LLP
ArticleGrievance Procedures - An Appropriate Forum For Human Rights Complaints Within A Unionized WorkplaceIn three recent decisions, the Alberta Human Rights Tribunal (the "Tribunal") applied its decision in Grewal v Sofina Foods Inc., 2023 AHRC 46 (CanLII) ("Grewal")...CanadaEmployment and HRMcLennan Ross LLP
ArticleHow To Value Bonus Payments And Other Benefits In Termination DamagesThe recent unanimous decision by the Supreme Court of Canada, Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, clarifies the two-step approach to quantifying common law reasonable...CanadaEmployment and HRMcLennan Ross LLP
ArticleNavigating The Sea Of Constructive DismissalIn the midst of economic uncertainty and widespread cost-cutting, many employers are currently facing the challenge of how to taper wage costs while avoiding constructive dismissal claims. CanadaEmployment and HRMcLennan Ross LLP
ArticleReturn To Office Mandate Deemed Constructive DismissalConstructive dismissal may occur when an employer unilaterally changes a fundamental term of employment without the employee's consent. In these situations, the employee may reject the change and claim constructive dismissal.CanadaEmployment and HRMcLennan Ross LLP
ArticleThe Effects On An Employment Contract When An Employee's Duties Change: The "Changed Substratum" DoctrineThe "changed substratum" doctrine applies where there have been fundamental changes to the employee's duties after the employment contract was made, such that the "substratum" (or foundation) of the contract...CanadaEmployment and HRMcLennan Ross LLP
ArticleCourt of Appeal Confirms The AUC's Authority To Award CostsThe Court of Appeal released its decision in ATCO Gas and Pipelines Ltd. v. Alberta (Utilities Commission), 2014 ABCA 397.CanadaEnergy and Natural ResourcesMcLennan Ross LLP
ArticleEnvironmental Claims Fail Despite Expert EvidenceMcLennan Ross successfully represented Shell Canada Limited in a summary dismissal application seeking to have a number of related lawsuits against Shell dismissed.CanadaEnvironmentMcLennan Ross LLP
ArticleJust Because You Can, It Doesn’t Mean You ShouldIt is a conversation that most wills and estates lawyers have had more times than they wish to count.CanadaFamily and MatrimonialMcLennan Ross LLP
ArticleLegal Considerations Of Surrogacy Part III: Legal Considerations For SurrogatesSurrogacy is a crucial family planning option. Intended parents and surrogates often have (or should have) questions surrounding their legal rights and the surrogacy process itself.CanadaFamily and MatrimonialMcLennan Ross LLP
ArticleNew Definition Of "Dependent Child" Effective August 1Citizenship and Immigration Canada released Operational Bulletin 588, which provides operational guidance on the amended definition of "dependent child".CanadaImmigrationMcLennan Ross LLP
ArticleTransition Plans: Getting It Right The First TimeThere has been a great deal of controversy surrounding the Canadian Government's Temporary Foreign Worker Program in the last few years.CanadaImmigrationMcLennan Ross LLP
ArticleCourt Provides Guidance On Pre-judgement Interest CalculationOn September 9, 2022, the Alberta Court of King's Bench released the decision in Jackson v Cooper, 2022 ABKB 609. The Plaintiff in this matter sought damages for injuries suffered in a motor vehicle...CanadaInsuranceMcLennan Ross LLP
ArticleRequests For Voluntary Advance Payments From InsurersThe Court of Queen's Bench has recently considered the issue of pre-trial advance payments to claimants under the Fair Practice Regulation, AR 129/2012 ("Regulation") and the Insurance Act, RSA 2000 c I-3.CanadaInsuranceMcLennan Ross LLP
ArticleSecurity For Judgment In AlbertaCommercial litigation is almost invariably expensive and time consuming. No one should embark on commencing a lawsuit for financial damages ...CanadaLitigation, Mediation & ArbitrationMcLennan Ross LLP