The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta...more
Recent changes to the "Medical Assistance in Dying" (MAID) provisions in the Criminal Code, allow medical or nurse practitioners in Canada to provide MAID to patients who request assistance in dying, who later lose the...more
In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more
Online healthcare service provider, Babylon Health developed an app that connects physicians and other healthcare professionals with patients through remote video or audio consultations. Babylon Health is one of many players...more
In the digital age, privacy is becoming a greater illusion. The COVID-19 outbreak is rapidly reinforcing that illusion of privacy. Although some rights to privacy and confidentiality regarding medical information have been...more
Troublesome employees can disrupt a workplace and subject employers to reputational and economic costs. A panel from Bennett Jones’ Employment Services group recently shared their views on four contemporary issues employers...more
If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything....more
On November 19, 2018, Bill 21: An Act to Protect Patients ("Bill 21") received Royal Assent.
Bill 21 sets out several changes to the Health Professions Act, including amendments regarding the discipline of inappropriate...more
In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position....more
When a Will is challenged on the basis of allegations of undue influence, incapacity, or suspicious circumstances, the court will look at various factors to decide if the Will should be followed or declared invalid. These...more
There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a...more
Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts....more
Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute. There has been a general judicial recognition of...more