Practice Areas

Our Alberta Civil Litigation practice provides representation in court proceedings and dispute resolution for individuals, families, small businesses, and corporations. Our experienced litigators help clients across Alberta with matters such as contract disputes, commercial disagreements, property and construction disputes, and negligence claims. We handle every stage of the process under the Alberta Rules of Court, including pleadings preparation, document disclosure, examinations for discovery, mediation, and trial advocacy in the Court of King's Bench of Alberta and the Alberta Court of Justice. Our approach emphasizes early case assessment and negotiation, with the goal of achieving favourable settlements that reduce cost, delay, and risk while protecting our clients' financial interests and legal rights. Clients can expect clear communication, realistic guidance on likely outcomes, and strategic representation whether a matter resolves through settlement or proceeds to judgment at trial. We serve Alberta residents and businesses seeking reliable, client-focused legal advocacy to resolve disputes efficiently and fairly.

Osprey Legal's Negligence & Other Tort Claims practice assists clients involving negligence and other torts. A civil tort is a wrongful act or omission — separate from a breach of contract — that causes harm, injury, or financial loss to another party, allowing claimants to sue for compensation to restore them to their original position. Types of torts are negligence, intentional torts where a party acts deliberately to cause harm (such as defamation, trespass, or civil fraud), and statutory torts. Tort law is generally split into three main categories: 1. Negligence (Unintentional Torts) - Negligence happens when someone acts carelessly or fails to use reasonable care, resulting in injury or damage. Intent does not matter here; the focus is on a lapse in basic safety or responsibility. To succeed in a classic negligence claim, the injured person must prove four basic elements: • Duty of Care: The defendant owed a legal duty to act carefully toward the plaintiff (e.g., drivers owe a duty to other road users). • Breach of Duty: The defendant failed to meet the "reasonable person" standard of care. • Causation: The defendant's breach directly caused the injury ("but for" the action, the harm would not have happened). • Damages: The plaintiff suffered a real physical, emotional, or financial loss. Common examples: Defects and deficiencies in construction, and slip-and-fall incidents. 2. Intentional Torts Intentional torts happen when a person acts on purpose with the desire to cause a result, or knows with certainty that a result will follow. Common examples: • Defamation: Spreading false public statements that damage someone's reputation (libel in writing, slander spoken). • Trespass to Land: Entering someone else's property without permission. 3. Strict Liability Torts Strict liability applies when a person is legally responsible for damages even if they did not act intentionally or carelessly. Liability is imposed simply because the activity or object is inherently dangerous. Common examples: Owning wild animals, conducting ultra-hazardous blasting work, or manufacturing dangerously defective consumer products. As a boutique litigation firm based in Calgary, Osprey Legal assists clients facing negligence and other torts by holding professionals, individuals, and organizations accountable. Led by Nichole McGarry, the firm leverages over a decade of civil litigation experience to guide plaintiffs and defendants through complex claims involving errors, omissions, or breaches of duty, among others. Their comprehensive legal approach balances practical dispute solutions and strategic negotiation with strong courtroom advocacy appearing before the Alberta Court of Justice and the Court of King's Bench. Whether navigating a sensitive defamation dispute or pursuing compensation for financial misconduct, Osprey Legal aims to reduce client stress by helping them make informed risk assessments, secure justice, and protect their long-term interests.

For our practice in Real Property and Land Disputes, we represent residential and commercial property owners, buyers, sellers, developers, and landlords across Alberta. Our experienced lawyers assist clients with boundary and easement disputes, applications for partition and sale, title and land titles registration issues, real estate transactions, latent and patent defects (including fraudulent or reckless misrepresentation), caveat and encumbrance matters, and construction lien claims. We work with our Plaintiff or Defendant clients to negotiate, mediate and litigate through each stage of the process with clear communication and practical advice. Outcomes may include negotiated settlements that protect property rights, and removal of improper caveats or title defects.

Our breach of contract practice provides comprehensive representation for parties facing broken agreements. From demand letters and without prejudice negotiations, to litigation in the Alberta Court of Justice and Court of King's Bench, our experienced litigation lawyers help clients throughout Calgary, and across Alberta with matters such as real estate sale and purchase disputes, unpaid invoices and service agreement defaults, construction and subcontractor disputes, commercial lease breaches, contract terminations, and breaches of business agreements. We specialize in contract interpretation, proving claims and damages, involving for example mitigation obligations, fundamental breach and repudiation claims, specific performance applications, and injunctive relief. We guide clients through settlement negotiations, pleadings, document disclosure, discovery and questioning, judicial dispute resolution and mediation, and trial. Typical outcomes include negotiated settlements that recover outstanding amounts, enforceable judgments, favourable summary judgment decisions, protected contractual rights, and successfully defended claims. We serve small businesses, contractors, land owners, home owners, corporations, franchisees, landlords, professionals, and individuals who need decisive action when the other side fails to perform. Osprey Legal combines practical professional judgement with rigorous knowledge of contract principles to deliver cost-effective, results-driven advocacy.

Osprey Legal's Debt Claims and Collections practice in Alberta provides comprehensive representation for creditors and debtors in Calgary and throughout the province. Our experienced lawyers handle demand letters, debt recovery litigation in the Court of King's Bench of Alberta and the Alberta Court of Justice, applications for monies paid out, small claims matters, default judgments, garnishment and wage garnishment orders, and enforcement of judgments under the Civil Enforcement Act and Alberta Rules of Court. We advise individuals, families, small businesses, and corporations on debt collection strategies, and limitation periods governed by the Limitations Act (Alberta). Clients benefit from practical negotiation, structured repayment arrangements, and efficient court processes aimed at recovering owed funds while protecting legal rights and minimizing costs. Typical outcomes include successful debt recoveries, favourable settlement agreements, receipt of funds paid out by Court, defended claims resulting in reduced or dismissed liability, and enforceable payment plans. We serve businesses seeking reliable recovery of unpaid accounts and individuals facing collection actions who need informed, client-focused guidance to resolve their financial disputes.

Osprey Legal's Construction Disputes practice in Alberta represents contractors, developers, owners, subcontractors, and suppliers in resolving complex building and infrastructure conflicts across the province. We handle matters including payment disputes under the Prompt Payment and Adjudication Act, construction lien registrations and enforcement under the Builders' Lien Act, delay and cost overrun claims, defective workmanship litigation, and contract interpretation. We guide clients through settlement negotiation, mediation, arbitration, and court proceedings in the Court of King's Bench of Alberta, prioritizing efficient and cost-effective resolutions wherever possible. Typical outcomes include recovered outstanding payments, released or discharged liens, favourable negotiated settlements, and protected project timelines and budgets. We serve general contractors, subcontractors, developers, commercial and residential property owners, and corporations in the construction industry, including oil & gas, who need dependable legal support to safeguard their financial interests and keep projects moving forward.

Osprey Legal's Dispute Resolution practice provides strategic alternatives to traditional litigation for individuals, and businesses throughout Alberta. Our lawyers would work with you to resolve civil, estates, real property, construction, and commercial disputes before the Court of King's Bench of Alberta and the Alberta Court of Justice. We guide clients through negotiation, mediation, arbitration, and litigation procedures.

Osprey Legal's Estate Litigation practice in Alberta represents beneficiaries, executors, trustees, and family members in contested wills, trusts, and estate disputes. Our lawyers act for clients throughout Calgary, and across Alberta in will challenges based on lack of testamentary capacity, undue influence, or improper execution, formal passing of accounts, as well as family maintenance and support claims, and dependant relief applications. We handle breach of fiduciary duty claims against executors, trustees and attorneys, removal and replacement of personal representatives, guardianship and trusteeship disputes, resulting trust and unjust enrichment claims, and disputes over jointly held property or beneficiary designations. Through negotiation, mediation, and Court of King's Bench litigation when necessary, we pursue outcomes such as corrected estate distributions, recovered assets, enforced accountings, negotiated settlements that preserve family relationships, and protected inheritance rights. Our clients include surviving spouses and adult interdependent partners, adult and minor children, common-law partners, estranged family members, charities, executors defending their administration, and business owners navigating succession disputes. Osprey Legal combines practical litigation experience with sensitivity to the personal and financial stakes involved, offering clear strategic advice and cost-conscious resolution strategies at every stage.