Aboriginal Law

Aboriginal Law focuses on issues relating to the rights of the Indigenous peoples of Canada.

You may need a lawyer in this area if you…

• are involved in Treaty rights, disputes or negotiations, including those related to natural resource development, as well as land and fisheries use;
• are a survivor of residential school abuse;
• are a member of a class action regarding Indigenous rights (i.e., Clean Water, Child Welfare, 60’s Scoop);
• have concerns about First Nation governance; or
• have questions about Indigenous economic development.

Indigenous Law

Indigenous Law focuses on Indigenous laws, legal orders and traditions.

You may need a lawyer in this area if you…

• are interested in pursuing holistic restorative justice processes;
• are working with Indigenous communities; or
• are creating bylaws or other legal documents for an Indigenous community.

Administrative law is primarily focused on addressing the decisions made by elected government officials and by those appointed by elected government officials. The decisions made by such officials of public boards, agencies or tribunals must be fair and permitted under the law.

There are many administrative boards and tribunals with decision-making authority in Alberta. A few examples are the Human Rights Commission, the Worker’s Compensation Board, the Parole Board, the Labour Relations Board and various professional regulatory bodies.

You may need a lawyer in this area if you…

• have concerns about a decision made by any government body or agency;
• have experienced discrimination or harassment from a government body or otherwise; or
• need compensation for a work-related injury or illness.

Arbitration is an alternative dispute resolution process that involves resolving your dispute without going through the court system. It is a voluntary process that must be agreed upon by both parties and involves an independent, third-party decision-maker. Arbitrations are governed by the Arbitration Act (Alberta).

You may need a lawyer in this area if you…

• are considering proceeding with arbitration rather than with a formal court process;
• have agreed with the other party to pursue arbitration; or
• are considering appealing an arbitration decision.

This area of law is intended to assist those individuals or corporations who are insolvent or in financial difficulty. This assistance may include steps such as filing for bankruptcy or having a receiver/trustee appointed.

Bankruptcy – A legal process by which an individual or corporation may apply to be released from most of their debts if they cannot pay them back, subject to reasonable conditions.

Insolvency – When an individual or corporation owes more money than they can pay back. That is, they are unable to repay their debts.

Receivership – When the Court appoints an independent “receiver/trustee” to manage all aspects of a company’s business. This appointment can occur with or without a bankruptcy.

You may need a lawyer in this area if you…

• are filing for bankruptcy;
• are a shareholder in a company that is in financial trouble;
• are owed money and need help to recover the funds that you are owed; or
• cannot pay back your debts.

Litigation is the Court process by which two or more people may resolve an ongoing legal dispute. A civil dispute may relate to any area of law and typically involves contracts, negligence or personal injury. A civil claim allows individuals or organizations to sue for damages.

Commercial – Any dispute related to a business transaction.

Creditor Remedies – Various creditor remedies may be available where an individual or organization has loaned money to another party who is then unable to meet the terms of repayment. Examples of remedies that may be available to creditors include negotiation, consumer/commercial proposals to address the outstanding debt or enforcement of a judgment (When a creditor gets a Court judgment against the debtor, that judgment will need to be “enforced”. This could mean having the debtor’s wages garnished, or filing a lien against debtor’s property, etc., so that the debt is repaid.). They may also overlap with bankruptcy/insolvency litigation.

Foreclosure – Circumstances where the bank is seeking to take possession of a property due to an unpaid mortgage.

Liens – A lien is a legal interest that a creditor can claim against property belonging to a person who owes money to the creditor. Some liens can be registered against the debtor’s property (for example, against the title to their home or against their car).

Personal Injury – Legal matter arising when an individual has sustained an injury due to the negligence of another individual or business. Personal injury may be the result of an automobile accident, a slip and fall, or some other incident.

Professional Negligence – A dispute between an individual and someone offering professional services, including accountants, engineers, real estate agents, lawyers or doctors.

Wrongful Dismissal – When an employee is dismissed or terminated by their employer without reasonable notice or cause. This is related to employment law.

You may need a lawyer in this area if you…

• want to sue (or are being sued by) an individual or organization because they have caused you to suffer damages or personal injury;
• have been refused rights that are protected by the Canadian Charter of Rights and Freedoms;
• are owed money that a debtor will not pay;
• have a dispute about a commercial transaction (e.g., new car purchase, new home purchase, business purchase, etc.);
• had a contract with someone and they breached the contractual terms and conditions;
• have a dispute with your landlord or tenant (e.g., eviction, squatting, rent disagreement, termination of lease, etc.);
• believe your doctor did not provide proper care, which led to injury or a worsened condition;
• believe your accountant made a critical error when dealing with your finances;
• were injured in a car accident;
• were assaulted by someone and want to pursue financial damages;
• sustained injuries on someone else’s property because of their negligence; or
• think you were wrongfully terminated from your job.

Commercial law is the transactional side of corporate law. This may involve business contracts, sale of goods/property, banking, insurance, finance, partnerships, bankruptcy or taxation.

Construction Contract – Matters related to the construction of buildings/facilities pursuant to the terms of a construction contract or subcontract.

Lease – A contract outlining the terms under which one party agrees to rent commercial property, equipment or facilities for a specific time period.

Loans and Financing – Borrowing funds from an individual or financial institution.

Natural Resources – Matters related to mineral rights, oil and gas, or other natural resources.

Purchase/Sale of an Ongoing Business – The negotiation and completion of the purchase or sale of a business, either by way of an asset sale or a share sale.

You may need a lawyer in this area if you…

• need to negotiate the terms of a small business loan agreement;
• need to negotiate the terms of a commercial lease;
• need to negotiate the terms of a construction contract or subcontract;
• need to negotiate the terms of a purchase and sale agreement; or
• have concerns about whether contractual terms are being followed.

Corporate law addresses the governance of corporations, including how they operate and conduct business. This may involve tax issues, annual filings, incorporations, dissolving a company or other matters.

Corporate Governance – The system of practices and procedures in place to direct and control the operations of a corporation.
Incorporation – The process of legally creating a company and registering it either federally or provincially.

Corporate Reorganization – The process of changing how an existing company is structured or operated in order to improve the value of the company in some way.

Securities Law – The rules and regulations governing the issuance and distribution of shares in a company.

Shareholder Agreement – A contract between a company and its shareholders that sets out the rights and responsibilities of the company, as well as the rights and responsibilities of shareholders.

You may need a lawyer in this area if you…

• need to incorporate a business at Alberta registries;
• need to negotiate the terms of a shareholder agreement;
• are dealing with a corporate reorganization that requires legal counsel;
• are changing the ownership of your company from private to public; or
• are a shareholder in a company and are concerned that your rights as a shareholder are being oppressed.

Criminal law is concerned with the enforcement of a Criminal Code of Canada offence. Criminal lawyers mostly work for the defence of the accused, both on initial charges and appeals of a conviction. Note: If you are the victim of a crime and want to pursue a civil remedy for damages, you will need a civil litigation lawyer and not a criminal lawyer.

Traffic Offence – Any offence related to a breach of the Traffic Safety Act. These are typically minor and can include speeding offences.

Young Offender – Any person who is being criminally charged and is under the age of 18.

You may need a lawyer in this area if you…

• have been criminally charged and need a lawyer to defend your rights. Criminal charges include a wide range of criminal activity including impaired driving, dangerous driving, drug offences, theft, fraud, assault, sexual assault, manslaughter, murder and more; or
• need legal representation for a bail hearing.

Employment law is concerned with the relationship between an individual and their employer.

Labour law deals specifically with unionized employees and governs the relationship between an employer and the union/unionized employee.

You may need a lawyer in this area if you…

• are concerned with the circumstances around your termination;
• have an unsafe work environment;
• need help negotiating your employment contract;
• have been harassed or discriminated against in the workplace; or
• experienced a layoff or pay cut that is a breach of your employment contract.

Entertainment Law is related to the legal work involved with the sports, entertainment and media industry, including deal structuring, salary and performance fee negotiation, drafting contracts and managing intellectual property assets.

You may need a lawyer in this area if you…

• are an entertainer, artist or athlete and need personal legal representation; or
• need to negotiate the rights to an event or production.

Environmental laws are enacted by both the federal and provincial governments in Canada. The primary federal regulatory authority is Environment Canada.

You may need a lawyer in this area if you or your organization…

• need an environmental impact assessment or permit; or
• need to report contaminated land or waste.

Estate Planning

Estate Planning involves planning for the distribution of one’s assets and payment of debts upon death (will), managing an individual’s assets in the event of their incapacitation (power of attorney) or managing an individual’s personal/health decisions in the event of their incapacitation (personal directive). This planning may also involve tax considerations and trusts.

Estate – The property and other assets owned by a particular person upon their death.

Personal Directive – A document you make in case you cannot make your own personal/ health decisions in the future.

Power of Attorney – A document that gives someone the ability to administer your financial or personal affairs if you are unable to do so or become incapacitated.

Trusts – A mechanism for holding funds or assets on behalf of someone else.

Wills – A document that sets forth your wishes regarding the distribution of your property and the care of any minor children upon your death.

You may need a lawyer in this area if you…

• need to make a will;
• need help executing a will;
• need to create a power of attorney; or
• need to create a trust.

Adult Guardianship and Trusteeship

Adult Guardianship and Trusteeship comes into play when an adult does not have the ability to make personal or financial decisions or they require assistance making these decisions. Provincial legislation establishes a range of decision-making supports including setting out the legal requirements for supported decision making, co-decision making, specific decision making or guardianship or trusteeship.

Estate Administration

Estate Administration involves the distribution of a person’s estate after they have died. This may involve an application to the Surrogate Court for probate or administration.

Grant of Probate – A formal process to receive a grant from the Court to distribute assets under a will.

Grant of Administration – A formal process to receive a grant from the Court to distribute assets without a will.

Estate Litigation – A dispute over the distribution of an estate after someone has died.

You may need a lawyer in this area if you…

• have been named as a personal representative; or
• you dispute the distribution of someone’s estate.

Immigration law deals with non-Canadian citizens/residents who want to come to Canada or who are already in Canada and require assistance remaining here. They may be moving here permanently or temporarily for work or study.

You may need a lawyer in this area if you…

• are trying to become a permanent resident of Canada;
• are trying to obtain a temporary work permit;
• are a refugee seeking asylum; or
• are facing deportation out of Canada.

Intellectual property law manages and protects legal rights to intellectual property, which refers to creations of the mind. These may include inventions, ideas, brands, artistic works and literary works. Intellectual property rights protect your ideas and give you the right to profit from them. The common ways to protect assets or ideas are through patents, copyrights and trademarks.

You may need a lawyer in this area if you…

• have created an invention and need to protect your intellectual property rights; or
• think someone has stolen or copied your intellectual property and claimed it as their own.

Matrimonial and Family law is concerned with the relationship between partners (married or adult interdependent partners) and their children.

Adoption – The adoption process can include the adoption of a child, step-child or relative. This can include children in care and international adoption.

Divorce – The legal dissolution of a marriage.

Parenting – Disputes related to parenting arrangements and how time with the children is allocated.

Support – The collection and enforcement of child and/or spousal support.

Property Division – The division of property owned by both partners.

Emergency Protection Order (EPO) – A type of restraining order that relates specifically to the need for protection from family members.

Separation Agreement – An agreement between parties who are separating or divorcing. These agreements usually address applicable legal issues including parenting arrangements, spousal support, child support and the division of property and debts.

You may need a lawyer in this area if you…

• are looking to adopt a child and need help navigating the process;
• are separating and need to understand the process;
• are seeking to confirm parenting arrangements for your children;
• are seeking a divorce; or
• are seeking an EPO.

Mediation, like arbitration, is an alternative dispute resolution process that involves resolving your dispute without going through the formal court process. It is a voluntary process that must be agreed upon between both parties. Unlike arbitration, mediation involves the assistance of an independent third-party mediator. The mediator is not a decision maker. The mediator helps facilitate an agreement between the parties.

You may need a lawyer in this area if you…

• are considering proceeding with mediation; or
• have agreed with the other party to pursue mediation.

Concerned with the buying and selling of residential or commercial property. The Land Titles Office (Alberta) is responsible for the registration of land-related documents that both create and terminate legal rights in property.

You may need a lawyer in this area if you…

• are looking to buy or sell your home;
• are looking to finance your new home purchase or re-finance your current home;
• are looking to buy a new build; or
• are looking to buy or sell commercial property.

Tax lawyers can help individuals or organizations make tax-related decisions. This may involve the Canada Revenue Agency (CRA).

You may need a lawyer in this area if you…

• or your organization have a dispute with the Canada Revenue Agency;
• are considering the impact of taxes on your estate plan;
• are looking to structure or re-structure your business; or
• are separating from your partner and require tax advice.