Alberta’s Reconstruction of its Builders’ Lien Legislation

Alberta has a new builders’ lien Act coming into force in July of 2022, the Prompt Payment and Construction Lien Act (the “New Act”). The New Act will have significant implications on Alberta’s longstanding construction industry practices. The major changes from the Builders’ Lien Act (the “Old Act”) to the New Act can be summarized as follows: Introduction of a new prompt payment regime. Introduction of new adjudication procedure for payment related claims. Modification of lien registration periods, holdback periods

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Welcome Daniela Perez Taylor

McCuaig Desrochers is pleased to welcome Daniela Perez Taylor to the firm for a temporary articling position for 3 months. Daniela has been a student with the Edmonton Community Legal Centre, and through our relationship with this great organization, we welcome her to the office to gain some added experience and to assist our clients over the spring and summer months.

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Recent Amendments to the Alberta Business Corporations Act

As a result of Alberta’s The Red Tape Reduction Implementation Act (RTRIA), two significant changes came into force on March 26, 2021 (retroactive to August 15, 2020) that affect all Corporations created under the Alberta Business Corporations Act (ABCA): Corporations are no longer required to have 1/4 of directors be resident in Alberta, and Agents for Service must be appointed for each and every Corporation. Removal of Director Residency Requirements Before these changes came into effect, any Corporation incorporated under

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New Temporary Pathways to Apply for Permanent Residence in Canada

The Canadian government has long recognized the importance of people immigrating to Canada as a way to keep our economy working effectively. In November 2020, the government set a target to approve 401,000 people as permanent residents in 2021 as part of its Immigration Levels Plan. This plan is even more imperative, since these immigrants to Canada would help to boost and support economic recovery after the COVID-19 pandemic. Unfortunately, due to the continuing impact of COVID-19, including ongoing border

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Corporate Remedies

Working with business partners has its benefits, but it also has its challenges. It’s not unusual for small disagreements to bubble up with a business partner when dealing with the usual day-to-day stresses of running a business. But what happens if there is a more serious break-down in communication? What if your business partner wants to take the business in a direction you disagree with? What if your business partners try to squeeze you out of the business? In this

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We Have Moved

On March 1, 2021 our offices moved to the 18th Floor of TD Tower and our new mailing address is now 1801, 10088-102 Avenue NW   Edmonton, AB   T5J 2Z1

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Article: New work permit option represents lifeline for some post-graduation work permit holders

International Students who have completed their studies and are in Canada on post-graduation work permits that have recently expired or are soon to expire have been given a lifeline in the form of a new work permit program. Immigration Minister Marco Mendicino announced on January 8, 2021 that international students who had post-graduate work permits that have recently expired or are soon to expire would be given the opportunity to receive an additional open work permit for an additional 18

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COVID Times and the New Alberta Family Docket Court

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.

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Family Violence and Emergency Protection Order During the COVID-19 Pandemic

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

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Case Commentary: Aubin v Petrone, 2020 ABCA 13

Divorce with a Business The case of Aubin v Petrone, 2020 ABCA 13 (Leave to appeal to the Supreme Court of Canada denied.) is an important decision at the intersection of family law and corporate law that clearly demonstrates the application of fundamental corporate law principles in the context of family law. In this case, the Alberta Court of Appeal, the highest court in Alberta “pierced the corporate veil” and granted a spouse a security interest directly against the property of her spouse’s corporation to secure her equalization payment owing from her husband following their divorce.   To contextualize this application

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