Practice Areas

DIVORCE

Divorce is governed by federal Canadian legislation and generally must go through the Court of Queen’s Bench of Alberta. Divorce proceedings may include matters such as spousal support, division of matrimonial property, and child support, among others. Although the court may have jurisdiction to handle any and all contentious issues between the divorcing parties, a Lawyer can help negotiate and resolve these issues before they head to trial.

NON-DIVORCE JURISDICTION

Besides addressing or granting a divorce judgment, Alberta legislation regulates virtually all other family law matters including, but not limited to, child support, spousal support, access/parenting, and guardianship. Alberta legislation also deals with adult interdependent relationships (also known as “common-law” couples). Keep in mind that while most matters can be processed in the Provincial Court of Alberta, some may only be addressed in the Court of Queen’s Bench of Alberta.

EXCLUSIVE POSSESSION OF A MATRIMONIAL HOME

Parties in a divorce, separation, or in an adult interdependent relationship can apply for an exclusive possession order before the court. There are often strict procedural rules regarding service of documents prior to the court granting the order. Some factors the court may consider are how the children (if any) will react to the order, the financial circumstances of the parties, and arrangements of where the removed party will reside, among other factors.

OCCUPATION RENT

Separating or divorcing parties often own property together. If one party is ordered out of the house, that party may claim compensation for loss of enjoyment of the property. The court may consider various factors in whether to award occupation rent, such as: whether one spouse left voluntarily or was ordered out of the home, whether the children also live in the home, and/or the financial situation of each party, among other factors.

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In Canada, every individual has the right to remain innocent until proven guilty. Regardless of the charges, allegations, or police reports, everyone has the right to defend themselves during criminal proceedings. These proceedings can be very daunting without a Lawyer. Most appearances must be before a Judge, and there are often strict rules on how to speak and present in court. In addition, there are specified rules of evidence and procedure. Also keep in mind that everything in court is recorded and may be referred to in future proceedings.

BAIL

Oftentimes in a criminal case, a Lawyer will have first contact with an individual in custody. When arrested, an accused person must be taken before a Justice of the Peace within 24 hours of their arrest. A Lawyer can help negotiate and secure their release by speaking to the Crown Prosecutor. If the matter is particularly complex, the bail hearing may be scheduled later in order to properly gather evidence and present the case.

TRIAL

Every accused individual has the right to hear the case presented against them in court. During trial, a Lawyer can discredit evidence of an opposing witness or introduce evidence that is favorable to the defence. A Lawyer can also help protect against evidence that is not permitted to be presented in court.

APPEAL

In certain cases, there may be the opportunity to appeal a conviction or sentence. Appeals can be very technical and nuanced. If there are serious issues with respect to evidence, procedure, or other matters, the recorded transcript can be analyzed and used in an appeal. In a successful appeal, sentences may be reduced, trials may be re-tried, or other remedies may be ordered by the court.

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APPEALING A PROVINCIAL COURT DECISION

Upon receiving a judgment, parties have 30 days to file and serve a notice to appeal on the other party. Appealing a provincial court decision automatically operates as a stay of proceedings against any enforcement actions. Note that the automatic stay of proceedings is subject to any other order by the Court of Queen’s Bench of Alberta.

CIVIL PROCEDURE

Civil court proceedings in the Court of Queen’s Bench specifies that Masters generally have first-instance jurisdiction. This means that many procedural matters such as substitutional service orders, or applications to strike pleadings must be made by a Master. Also note, that a Master’s decision may be appealed before a Justice at the Court of Queen’s Bench.

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INCORPORATION BENEFITS

There are many benefits of incorporating a business - the most important reason is often cited as the protection of personal assets. Incorporating a business establishes a unique and individual corporate entity. In Alberta, according to the Business Corporations Act, shareholders are generally liable only to the extent of the financial capital that they have contributed to the corporation.

SHAREHOLDER RIGHTS

After purchasing shares, an individual or entity enjoys the rights of a shareholder of the corporation. Shareholders of a corporation generally have the right to vote at shareholder meetings, receive payments or dividends from the corporation, and elect individuals to the board of directors of a corporation. A corporation’s bylaws and applicable shareholder agreements often describe and dictate what powers and rights shareholders possess. However, in Alberta the Business Corporations Act disallows for bylaws to change or alter some guaranteed rights of shareholders.

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