Question 1

What are valid grounds for contesting a will in Alberta?

Accepted Answer

In Alberta, you can contest a will on several grounds: lack of testamentary capacity, undue influence, fraud or forgery, improper execution, or if the will doesn't adequately provide for dependents.

Question 2

What can I do if I suspect the executor is mismanaging the estate?

Accepted Answer

If you believe an executor is mismanaging estate assets, acting in self-interest, or failing to fulfill their duties, you have options. You can request a formal accounting of all estate transactions, apply to the court to compel the executor to act, or in serious cases, seek to have the executor removed and replaced. We can help you gather evidence and take appropriate legal action to protect the estate.

Question 3

What makes a contract legally enforceable in Alberta?

Accepted Answer

For a contract to be enforceable, it needs: an offer, acceptance, consideration, intention to create legal relations, and capacity of both parties.

Question 4

What is undue influence and how is it proven?

Accepted Answer

Undue influence occurs when someone uses their position of trust or power to pressure a vulnerable person into changing their will against their true wishes. Proving it requires showing the influencer had opportunity and motive, the testator was susceptible to influence, and the will reflects the influencer's wishes rather than the testator's. Evidence often includes changes in the will's beneficiaries, isolation of the testator, and the influencer's involvement in will preparation.

Question 5

What can I do if the other party breaches our contract?

Accepted Answer

You can sue for damages, seek specific performance, or in some cases treat the contract as ended. The right approach depends on the nature of the breach.

Question 6

How long do I have to sue for breach of contract?

Accepted Answer

In Alberta, the general limitation period for breach of contract claims is 2 years from when you knew or ought to have known about the breach.

Question 7

How much does it cost to contest a will?

Accepted Answer

The cost of contesting a will varies significantly based on the complexity of the case, whether it settles or goes to trial, and the size of the estate. We offer initial consultations to assess your case and provide a realistic estimate. In some cases, legal fees may be paid from the estate. We believe in transparency and will discuss fee arrangements, including potential contingency options for appropriate cases.

Question 8

Can I challenge a will if I was promised something verbally?

Accepted Answer

Verbal promises about inheritances are difficult to enforce, but not impossible. If you can prove the deceased made a clear promise, you relied on that promise to your detriment (for example, by providing care or forgoing other opportunities), and it would be unfair not to honour it, you may have a claim for 'proprietary estoppel' or 'unjust enrichment.' These cases require strong evidence, so document everything you can.

Question 9

What's the first step in collecting an unpaid debt?

Accepted Answer

Start with a clear, professional demand letter stating the amount owed, basis for the debt, deadline, and consequences of non-payment.

Question 10

How long do I have to collect a debt in Alberta?

Accepted Answer

The limitation period for most debt collection is 2 years from when the debt became due or was last acknowledged.

Question 11

What are my options when a business partnership breaks down?

Accepted Answer

Options include negotiating a buyout, dissolving the partnership and dividing assets, or applying to court for dissolution.

Question 12

Are verbal contracts enforceable?

Accepted Answer

Yes, verbal contracts are generally enforceable in Alberta, though they can be harder to prove. The main challenge is demonstrating what was actually agreed upon. Some contracts must be in writing to be enforceable (like real estate sales or contracts lasting more than a year). We always recommend written contracts, but if you have a verbal agreement that's been breached, we can help you gather evidence and pursue your claim.

Question 13

What damages can I recover for breach of contract?

Accepted Answer

The primary goal of contract damages is to put you in the position you'd be in if the contract had been performed. This includes direct losses, consequential damages that were foreseeable, and sometimes lost profits. You generally can't recover punitive damages for breach of contract, and you have a duty to mitigate your losses. We'll help you identify and quantify all recoverable damages in your case.

Question 14

What should I do if I receive a demand letter about a contract dispute?

Accepted Answer

Take it seriously, but don't panic. Review the letter carefully and gather all relevant documents, including the contract itself, correspondence, and any evidence of performance or breach. Don't ignore it—failing to respond can weaken your position. Contact us promptly so we can assess the claims, advise you on your options, and respond appropriately to protect your interests.

Question 15

What is specific performance and when can I get it?

Accepted Answer

Specific performance is a court order requiring the breaching party to fulfill their contractual obligations rather than just pay damages. Courts grant it when damages wouldn't adequately compensate you—typically for unique items like real estate or rare goods. It's a discretionary remedy, so the court considers factors like your conduct and whether enforcement is practical. We can advise whether specific performance is achievable in your situation.

Question 16

What's the difference between negligence and breach of fiduciary duty?

Accepted Answer

Negligence involves failing to meet a reasonable standard of care. Breach of fiduciary duty is more serious—it occurs when someone in a position of trust (like a financial advisor or trustee) acts in their own interest rather than yours. Fiduciary claims can result in disgorgement of profits and don't require you to prove damages in the same way. The distinction affects available remedies and how your case is approached.

Question 17

Can I sue an accountant for bad advice?

Accepted Answer

Yes, accountants owe a duty of care to their clients and can be liable for negligent advice or services. This might include tax planning errors that result in penalties, failure to detect fraud during an audit, or incorrect financial statements that you relied upon. You'll need to show the advice fell below professional standards and caused you quantifiable losses. We regularly handle claims against accounting professionals.

Question 18

What if multiple parties contributed to my losses?

Accepted Answer

When multiple parties are at fault, Alberta law allows you to sue any or all of them. The court will apportion fault among the negligent parties, and each will be responsible for their share. If one party can't pay, the others may be liable for more. This is why identifying all potentially responsible parties early is important—we conduct thorough investigations to ensure no one is missed.

Question 19

What is contributory negligence and how does it affect my claim?

Accepted Answer

Contributory negligence applies when you also bear some responsibility for your losses. In Alberta, your damages will be reduced by the percentage of fault attributed to you, but you can still recover from the other party. For example, if you're found 20% at fault and your losses are $100,000, you'd recover $80,000. We'll honestly assess any contributory negligence issues and factor them into case strategy.

Question 20

Can I sue a financial advisor for investment losses?

Accepted Answer

You may have a claim if your financial advisor failed to meet their professional obligations, such as recommending unsuitable investments, failing to diversify, not disclosing risks or conflicts of interest, or churning your account for commissions. Investment losses alone aren't enough—you need to show the advisor was negligent or breached their duties. We have experience with claims against financial professionals and can assess your situation.

Question 21

What can I do if the debtor has no assets?

Accepted Answer

If a debtor currently has no assets, you can still obtain a judgment, which is valid for 10 years and renewable. The debtor's situation may change—they might get a job, inherit money, or acquire assets. You can register the judgment and wait for opportunities to enforce it. We can also investigate whether assets are being hidden or transferred to avoid payment.

Question 22

What's the difference between secured and unsecured debt?

Accepted Answer

Secured debt is backed by collateral (like a mortgage on a house or lien on equipment). If the debtor defaults, you can seize the collateral. Unsecured debt has no specific collateral—you must sue, get a judgment, and then use legal enforcement tools. Collection strategies differ significantly based on this distinction. We'll assess what security you have and the best path forward.

Question 23

Can I garnish someone's wages?

Accepted Answer

Yes, once you have a court judgment, you can garnish the debtor's wages. In Alberta, you can take a portion of their earnings above a protected amount. You'll need to serve a garnishment summons on their employer. We handle the process to ensure compliance with legal requirements while maximizing recovery. Other garnishment options include bank accounts and amounts owed to the debtor by third parties.

Question 24

What if the debtor is a corporation that's closing down?

Accepted Answer

Collecting from a closing corporation requires fast action. Investigate whether directors can be held personally liable (common for unpaid wages, source deductions, or if they stripped assets). Consider whether fraudulent conveyance claims apply if assets were transferred improperly. Sometimes corporate creditors can force a company into bankruptcy to ensure fair distribution of assets. Time is critical in these situations.

Question 25

How much does it cost to sue for a debt?

Accepted Answer

Costs depend on the amount owed and complexity. For smaller debts (under $50,000), Provincial Court offers a streamlined process with lower fees. For larger amounts, Court of King's Bench is required. Many debts can be collected through default judgment if the debtor doesn't respond, reducing costs. We'll discuss fee options including contingency arrangements for appropriate cases where we share in the risk and reward.

Question 26

What is a builder's lien and how does it help me?

Accepted Answer

A builder's lien allows contractors, subcontractors, and suppliers to register a claim against a property where they provided work or materials but weren't paid. The lien attaches to the property itself, not just the debtor personally. Strict deadlines apply—usually 45 days from substantial completion to register. If you're owed money for construction work, contact us immediately to preserve your lien rights.

Question 27

Can I charge interest on an unpaid debt?

Accepted Answer

If your contract specifies an interest rate, you can charge that rate. Without a contractual rate, you can claim pre-judgment interest at the rate set by Alberta regulations (currently around 4%). Post-judgment interest also accrues on court judgments. Properly drafted contracts should include interest provisions for late payment. We can review your agreements and advise on applicable interest rates.

Question 28

What happens if the debtor declares bankruptcy?

Accepted Answer

When a debtor declares bankruptcy, collection efforts must stop and debts are handled through the bankruptcy process. Unsecured creditors typically receive cents on the dollar, if anything. However, certain debts aren't dischargeable (fraud, family support, certain court judgments). You must file a proof of claim to participate in any distribution. If you're notified of a debtor's bankruptcy, contact us to protect your position.

Question 29

What can I do if a shareholder is acting against the company's interests?

Accepted Answer

Minority shareholders have remedies against oppressive conduct by directors or majority shareholders. You can seek a court order to rectify the oppression, which might include a buyout at fair value, changes to corporate governance, or compensation. Directors who breach their duties can be held personally liable. We regularly help shareholders protect their investments from abuse of power.

Question 30

What is a derivative action and when is it appropriate?

Accepted Answer

A derivative action allows a shareholder to sue on behalf of the corporation when the directors won't take action—typically because they're the ones being sued. It's used when directors have breached their duties, engaged in self-dealing, or caused corporate harm. Court permission is required to proceed. These are complex proceedings, but they're essential tools for holding wrongdoers accountable.

Question 31

Can I be held personally liable as a director?

Accepted Answer

Directors can be personally liable in several situations: unpaid employee wages, unremitted source deductions and GST, environmental violations, fraud, and breaches of fiduciary duty. Directors must act honestly, in good faith, and in the corporation's best interests. If you're facing potential personal liability or want to understand your risks as a director, we can provide guidance on protection and compliance.

Question 32

How do I remove a director who isn't doing their job?

Accepted Answer

Directors can usually be removed by ordinary resolution of shareholders (majority vote), unless your articles or shareholders' agreement require more. The process involves calling a shareholders' meeting with proper notice. If the director won't leave, you may need a court order. If you're facing resistance or procedural complications, we can guide you through the proper steps to effect the removal legally.

Question 33

What's the difference between oppression and derivative claims?

Accepted Answer

An oppression claim addresses unfair treatment of a specific shareholder—the harm is personal. A derivative claim addresses wrongs done to the corporation itself—any recovery goes to the company, not directly to you. The distinction affects who benefits from a successful claim and what remedies are available. Sometimes both types of claims arise from the same situation. We'll help you determine the right approach.

Question 34

Can a minority shareholder block major decisions?

Accepted Answer

Generally, majority rules in corporate governance. However, certain fundamental changes (like altering share rights, amalgamating, or continuing into another jurisdiction) require special resolutions and may trigger dissent rights, allowing you to demand fair value for your shares. Your shareholders' agreement may also require unanimity for specific decisions. We can review your rights and help you exercise them effectively.

Question 35

What happens to my shares if I want to leave the company?

Accepted Answer

Your exit options depend on your shareholders' agreement. Common mechanisms include right of first refusal (existing shareholders can match outside offers), shotgun clauses (offer to buy or sell at a stated price), and tag-along/drag-along rights. Without an agreement, finding a buyer can be difficult as private company shares aren't freely tradeable. We can negotiate exits and, if necessary, pursue remedies to unlock your investment.

Question 36

How are businesses valued in shareholder disputes?

Accepted Answer

Business valuation typically uses one or more methods: asset-based (net value of assets), income-based (capitalized earnings or cash flow), or market-based (comparison to similar business sales). The appropriate method depends on the business type and purpose of valuation. In disputes, each side often has their own valuator. Courts consider both and make a determination. We work with experienced valuators to support your position.

Estate Litigation

No Articles Yet

Need Help With Estate Litigation?