In May 2020, the Court of Queen’s Bench implemented a Family Docket Court (“FDC”) in Edmonton and Calgary. All family matters, with a few of limited exceptions, must now attend FDC before any other Court process can be scheduled. The purpose of FDC is to assess each family’s needs and direct them to the most appropriate services and court processes. Consequently, the Judge sitting in FDC can grant Consent Orders (Orders both parties agree on) but cannot adjudicate contested applications.
Lockdowns, restrictions, and other public health measures have been essential in preventing the spread of COVID-19 and in protecting our most vulnerable citizens. While collective efforts keep us and others safe from COVID-19, it creates an isolating and unsafe situation for individuals living with an abusive partner or family member. The restrictions can ultimately isolate vulnerable individuals and can limit opportunities for them to safely leave a dangerous situation. Both the EPS and RCMP have seen increased calls relating to
The Assured Income for the Several Handicapped (“AISH”) program is a critical support for many disabled Albertans. Often parents or other family members will want to ensure that their disabled loved ones are left with the greatest resources possible when estate planning, while also ensuring that the support received through AISH is not jeopardized in the process. In order to ensure this is accomplished, an estate plan should be specifically designed with the provisions of the Assured Income for the
McCuaig Desrochers LLP is pleased to welcome Sarah McFadyen as an articling student. Throughout her articling year, Sarah will gain experience in a variety of areas of law. Sarah McFadyen joined McCuaig Desrochers in September 2020. Sarah obtained her Juris Doctor from the University of Alberta Faculty of Law in 2020. During law school, Sarah volunteered extensively with pro bono legal clinics, including the Edmonton Community Legal Centre, Pro Bono Students Canada, and she served as the Executive Coordinator for Student Legal Services in
Have you ever heard someone talk about “small claims court” and wondered what that meant? Alberta has various levels of courts: Provincial Court, the Court of Queen’s Bench, and the Court of Appeal. Each level of court has specific jurisdiction (i.e. authority to hear certain matters), sometimes with overlap. In particular, you may have the option to bring a civil claim in either Provincial Court or the Court of Queen’s Bench. Provincial Court is sometimes informally referred to as “small
Most people only buy and sell a home once or twice in their lives, so of course they have questions about the process. Unless you are in the business of buying and selling homes you would have no reason to be aware of the common legal issues involved in buying or selling a home in Alberta. Following are some of the common legal issues you may encounter when looking to buy or sell a home in Alberta. Each circumstance has
What is my Estate? An estate, when referred to in the financial and legal sense of the word, is an individual’s total assets, minus any of their liabilities(debts). Put another way, it is an individual’s net worth. An estate refers to everything of value that an individual owns— houses, stocks, bonds, cash and bank accounts, collections of art, antique items, family heirlooms, jewellery, insurances, investments, pensions, and all other forms of personal property such as boats, mobile homes and RVs.
At McCuaig Desrochers LLP we are continuing to follow strict protocols and guidelines in respect COVID-19. Acknowledging that this will be a factor for months ahead, we remain committed to serving our clients and keeping our employees safe during this challenging time. Our office remains open for business; however, for the safety of our staff and clients alike, we are not permitting clients to attend at our premises at this time. Virtually all of our business is being conducted via
Much of the work done with lawyers these days can be accomplished by phone or e-mail. Estate planning can be a bit more challenging during quarantine or self-isolation due to the requirement for witnesses on estate planning documents. However, the Alberta government has recently issued a Ministerial Order that will allow lawyers to fulfill witnessing requirements for estate planning documents without meeting with you in person. We have Edmonton Wills and Estate lawyers to assist you in putting in place
Separating Unmarried Couples and the Family Home in Alberta – the Family Property Act and the Dower Act
In Alberta, adult interdependent partners, or to use a phrase people are more familiar with, “common law” couples, now have similar protections to married couples when it comes to property division when their relationship breaks down. These are generally couples who have lived together in a “relationship of interdependence” for at least three years, or for a shorter period of time if they have children together, or couples who have chosen to sign an “adult interdependent partner agreement”. On January