Floden & Company

09/17/2022

The Alberta courts recently considered the issue of mistrials in Alberta. Read more on our blog:

In the recent case of , Roberts v Edmonton Northlands, 2022 ABQB 515 the court considered mistrials in Alberta. The Court said at paragraph 7: In R v Burke, 2002 SCC 55 at para 75, Justice Major directed trial judges deciding mistrial applications with the following test: “in declaring a mistrial,...

09/15/2022

What happens if you disagree with CRA's assessment under the Income Tax Act? Check out today's blog for more. https://www.flodenward.com/post/objecting-to-and-appealing-a-notice-of-assessment-under-the-income-tax-act

09/12/2022

The Alberta Courts have started to come out with some employment law decisions related to the pandemic. Learn more on our blog.

In the case of Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court looked at the issue of compliance with masking restrictions set forth by employers, municipalities and public health authorities. The Plaintiff did not wish to wear a mask contrary to the policy of his employer (he did not hav...

09/11/2022

A court in Alberta recently looked at using Summary Trials in certain types of matters. Read more in today's blog:

Summary Trials are an expedited process under the Alberta Rules of Court, allowing matters to proceed to a hearing without the full rigors of a trial. In the recent case of Benke v. Loblaw Companies, 2022 ABQB 461, the court discussed some of the reasons summary trials are underutilized. The Court s...

09/08/2022

Sadly, Queen Elizabeth II has passed away today. King Charles III is automatically King. This has some immediate effects on the Alberta Courts. Under the Court of Queen's Bench Act section 2.1: "The Court shall, during the reign of the Queen, be styled the Court of Queen’s Bench of Alberta and shall, during the reign of the King, be styled the Court of King’s Bench of Alberta". Accordingly, the superior trial court in Alberta is now the Court of King's Bench.

09/08/2022

Did you know you can sometimes start a lawsuit in Alberta by serving someone on social media? For more check out today's blog:

Lawsuits have a process they have to follow. A Statement of Claim is drafted and filed - generally within 2 years of the events giving rise of the lawsuit. In Alberta claimants then have 1 year to serve the Defendants. Service is carried out by giving the filed Statement of Claim to the Defendants.....

09/07/2022

Lawyers in Alberta can owe fiduciary duties to clients. So what does that mean? Check out our blog for the answer.

Lawyers owe fiduciary duties to their clients. So what exactly are they? In the case of Hodgkinson v. Simms [1994] 3SCR377 the Supreme Court of Canada defined fiduciary duties as follows: .... In the famous case of Lloyds Bank Ltd. v. Bundy, [1975] Q.B. 326, Sir Eric Sachs of the English Court of Ap...

09/06/2022

People often ask us what compensation they are entitled to after being fired in Alberta. We describe the analysis that is done in our blog post for today. https://www.flodenward.com/post/i-ve-been-fired-how-much-money-am-i-entitled-to-in-alberta

09/05/2022

How are lawyers' contingency fees reviewed? The Alberta Court of Appeal recently looked at this issue: check out our blog to learn more.

The Alberta Courts will at times review lawyers' Contingency Agreements. In the case of Tallcree First Nation v Rath & Company, 2022 ABCA 174, the Alberta Court of Appeal looked at this issue. The Court said at 58: The reasonableness of a retainer agreement should be measured on an objective basis h...

09/04/2022

Mortgages often have prepayment clauses when borrowers pay them out early. But are they enforceable within Alberta? Check out our latest blog: https://www.flodenward.com/post/are-mortgage-prepayment-penalties-enforceable-in-alberta

03/12/2021

What do you do if your former employer won't negotiate on pay-in-lieu of notice after they've fired you?

Employees who have been fired are often left reeling. Despite the trauma they have gone through they are well advised to review the offer they received with legal counsel. It is unfortunately fairly common for employers to offer employees substantially less money than they are entitled after they ha...

03/09/2021

Today's article is about Mareva Injunctions.

A Mareva Injunction is a form of remedy which allows a plaintiff to stop a Defendant from dissipating assets before trial. The courts are cautious in granting these remedies, but they may be more common as companies shut down within Alberta. The Alberta Court of Appeal discussed Mareva Injunctions i...