Calgary Real Estate, Wills And Estates, And Business Law Blog | Ridout Barron https://www.ridoutbarron.com Calgary Business Litigation Lawyer | Wills | Real Estate Mon, 30 Nov 2020 14:26:05 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 What employees can do when harassment is taking place on the job https://www.ridoutbarron.com/blog/2020/11/what-employees-can-do-when-harassment-is-taking-place-on-the-job/ Thu, 19 Nov 2020 06:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/11/what-employees-can-do-when-harassment-is-taking-place-on-the-job/ Bullying can take on many forms, and it can happen anywhere – including the workplace. When harassment comes from a manager or boss, it leaves many Alberta residents unsure of what to do. There are definite things employees can do if they believe they are being bullied or harassed.  

The Alberta Human Rights Acts says employers are never allowed to discriminate based on any of the following:

  • race
  • age
  • colour
  • religion
  • gender expression
  • gender identity
  • ancestry
  • physical or mental disability
  • where a person was born
  • sexual orientation
  • source of income 
  • marital status

Further, the act stipulates that if anyone in the workplace – including an owner, manager or supervisor – makes threats of violence or harm, it goes against the rules of workplace safety. Constructive feedback to an employee is not considered to be harassment unless the feedback is given in an inappropriate way. Also, employees who believe they have been asked to complete a task that they think is unsafe have the right to refuse and talk to a supervisor or manager. It is up to the employer to remove any danger before asking an employee to do any job. 

When it comes to clothing worn in the workplace, an employer does have some say so. There may be a dress code in place that adheres to aesthetics, safety and health, and if there is such a code, it should apply to all employees. Alberta residents who have questions regarding workplace harassment may wish to speak to an experienced lawyer. Having some knowledge of the laws that govern the workplace may help an employee to know his or her rights.

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Calgary real estate sales bounce back slightly https://www.ridoutbarron.com/blog/2020/11/calgary-real-estate-sales-bounce-back-slightly/ Wed, 11 Nov 2020 06:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/11/calgary-real-estate-sales-bounce-back-slightly/ There’s good news on the home front in Cow Town. Sales of residential real estate in Calgary are better than predicted, and that is something about which Realtors are excited. The latest statistics from the Calgary Real Estate Board (CREB) indicate that home sales have improved by 12% over the same third quarter last year. That is encouraging since numbers didn’t look so promising in the first half of this year.

Because of the current situation and its effects on the economy, the real estate market just started to gain a little strength again. Even though numbers are moving in the right direction and may be cause for optimism, there is still a high rate of unemployment in Calgary and throughout the province. Analysts predict employment numbers to be back to normal by 2022.

Many homeowners have been struggling to make ends meet, but those looking to purchase real estate are in a good position since there are many homes on the market currently that are likely more affordable for some. The current median price for a single family home in the city of Calgary sits at $487,567. CREB also indicates that migration is playing a part in the real estate market since more people are leaving the province rather than moving to it. 

There are many things that come into play that affect the real estate industry in Calgary and, indeed, the entire country. Those people who are looking to purchase or to sell real estate should have some idea of those laws that could affect them, particularly those dealing with contracts. Looking to a lawyer experienced in real estate law may be the first place to seek the answers to confusing or complex issues.

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Some deductions might lead to employment contract disputes https://www.ridoutbarron.com/blog/2020/11/some-deductions-might-lead-to-employment-contract-disputes/ Thu, 05 Nov 2020 06:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/11/some-deductions-might-lead-to-employment-contract-disputes/ There is an endless list of requirements with which employers in Alberta must comply with regards to their employees. Employment contract disputes might arise when wage deductions take place. Under employment law, certain deductions are not allowed under any circumstances.

If an employer requires employees to wear uniforms when they are on duty, the company must provide it and carry all associated costs. It includes cleaning, repair, rental and use of the uniforms. When it comes to personal protective equipment, employers may only recover the cost of purchasing it with the employee’s written authorization. The Occupational Health and Safety Code mandates that employers must provide respiratory protection equipment, and they may require workers to pay for other PPE.

Deductions for faulty work are also not allowed, regardless of the loss to the employer. Examples of circumstances that might cause company losses include unintentional damage to equipment or a company vehicle as well as production errors. In cases of cash register shortages, employees may only be held accountable to replace losses if only he or she had access to the cash. If anybody else, like the employer, manager, co-workers or customers, had access to it, the money may not be deducted from the employee’s wages. Furthermore, the employer must allow the employee to balance and finalize the cash in the register and give written authorization for deductions of shortages from wages.

Circumstances that might lead to cash shortages include patrons walking out of a restaurant or bar without settling their bills, service station clients who drive off before paying for gas, and breakages or damage in a restaurant. Employers in Alberta who deducted unauthorized amounts from the wages of employees might find themselves facing legal action. However, seeking legal counsel before making such deductions might be the best way to avoid such charges or other employment contract disputes.

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Civil litigation can be a daunting prospect for Albertans https://www.ridoutbarron.com/blog/2020/10/civil-litigation-can-be-a-daunting-prospect-for-albertans/ Mon, 26 Oct 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/10/civil-litigation-can-be-a-daunting-prospect-for-albertans/ Albertans who are involved in legal disputes might be unsure how to seek recovery of damages. Although they are likely aware that civil litigation is an option, they may have a lot of questions about it. Court staff do not provide legal advice, nor may they predict the outcome of a particular case.

The Provincial Court Civil is also known as the “small claims court” or the “people’s court” as a way to resolve disputes. It is also less costly than other legal options. However, only financial claims up to $50,000 can be filed in the Provincial Court Civil. Any claims involving higher amounts must be pursued in the Court of Queen’s Bench.

A civil claim is filed when one party sues another party in order to recover financial damages. Many civil lawsuits never go as far as courtroom litigation because once the claim is filed, it is subject to many steps that could resolve matters amicably. Mediation is one way in which disputes can be settled effectively and confidentially.

However, if mediation is unsuccessful, a judge may have to make the final decision. Before proceedingĀ a civil lawsuit in Alberta a number of things must be considered. There are filing and other fees that typically apply, along with various forms to fill out and submit with the claim. The court does not provide legal counsel to represent claimants, though litigants have every right to retain an experienced civil litigation attorney to advocate for them at every stage of the proceedings.

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Buying real estate with electrical problems can be a nightmare https://www.ridoutbarron.com/blog/2020/10/buying-real-estate-with-electrical-problems-can-be-a-nightmare/ Mon, 26 Oct 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/10/buying-real-estate-with-electrical-problems-can-be-a-nightmare/ When purchasing a home in Alberta, it is essential to seek appropriate guidance. For example, one aspect that could quickly turn a dream home into a nightmare is electrical work that does not comply with the Canadian Electrical Code. It is important to check paperwork and permits for any electrical repairs, maintenance and installations done on residential real estate.

A house inspector can include an electrical inspection during which outlets and receptacles will be examined. All the outlets should be checked for ground or arc fault circuit interrupters for protection from electrical fires and shocks. Electrical panels and wiring typically last for many years, but homes built after 1930 should be checked for grounding. Inspections of wiring on residential properties must be done in four-year intervals to identify and address worn-out insulation, frayed connections and damage caused by rodents.

All the fixtures and light switches should also be inspected to ensure they comply with the code. All switches must connect with outlets or light fixtures. Electrical panels could have been installed long ago and should be checked to ensure they can handle the demands and safely distribute electricity throughout the property.

All this could be daunting for first time homebuyers in Alberta. A lawyer with experience in all matters related to real estate could be a valuable adviser in the home buyers’ corner. Legal counsel can arrange for the necessary inspection to be done and ensure that minimum standards are met. A lawyer can also negotiate to have the cost of  any work needed to meet the required standards paid for by the seller.

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Wills and estates: What does it mean to die intestate? https://www.ridoutbarron.com/blog/2020/10/wills-and-estates-what-does-it-mean-to-die-intestate/ Thu, 22 Oct 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/10/wills-and-estates-what-does-it-mean-to-die-intestate/ When people in Alberta die without having legal wills, the term “intestate” comes into play. A will typically states how the deceased person’s assets must be distributed; however, intestacy makes it a matter to be dealt with by the Wills and Succession Act. Similarly, if there is a will that the court finds invalid, it will also be deemed an intestate estate.

When a person dies with a legal will, an executor is named to manage the distribution of assets. In an intestate death, the Wills and Succession Act must carry out those functions and locate any heirs who might have legal rights to inheritances. Fairness is not a consideration under the act because the outcome is not based on each family member’s needs.

The process to identify the heirs starts with a spouse or an adult independent partner. If the spouse or partner is the parent of the deceased person’s children, he or she might inherit the entire estate. The process becomes complicated if there are children of the deceased person who are not the surviving adult partner or spouse’s biological children. In such a case, 50% of the estate might go to the surviving spouse or independent adult partner, with the children receiving the balance.

Another scenario involves grandchildren of the deceased person who lost their parents before their grandparent’s death. If their parents had survived, they would have been entitled to a portion of the estate. Therefore, the grandchildren will be allocated that portion. These are only some of the ways in which the Wills and Succession Act will distribute assets of an intestate estate. People in Alberta could avoid these complications and make it easier for surviving loved ones by establishing wills and estates to control the way their assets will be distributed.

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Employee claims gender discrimination at Alberta car dealership https://www.ridoutbarron.com/blog/2020/10/employee-claims-gender-discrimination-at-alberta-car-dealership/ Tue, 06 Oct 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/10/employee-claims-gender-discrimination-at-alberta-car-dealership/ At an Alberta car dealership, a female salesperson used social media to accuse her employer of terminating her due to an inappropriate outfit. She posted her accusations on Facebook, alleging female workplace discrimination. According to the employee, a female colleague commented on her see-through top.

The woman says she was informed that the matter would be discussed in a meeting with the general manager later. Furthermore, she was told to change into more appropriate clothing at the office or else go home to change. She states that she refused because she wore the same top to her job interview for the salesperson position, and it was not regarded as inappropriate then. She later received a phone call from the general manager, who informed her that her employment was terminated, even though he was not at the dealership to see her outfit.

Another employee at the dealership responded on Facebook, claiming that the reason for her dismissal was not the see-through top but her conduct instead. This person says the fired employee was offered a sweater to wear over the top, but she refused that and chose to change at home. However, she allegedly returned to the office before going home and caused a significant commotion in a verbal fight, using vulgar and loud language. It was made clear that this behaviour caused her dismissal and not the inappropriate top she wore.

Cases like this one could be damaging to the staff member and the business owner. The most appropriate step for both the employee and the employer might be to consult with their respective lawyers who have experience in all matters related to workplace discrimination in Alberta. The lawyers might resolve the issue through mediation; otherwise, they can represent their clients in ensuing legal proceedings.

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Human rights concerns: An employer’s responsibilities https://www.ridoutbarron.com/blog/2020/09/human-rights-concerns-an-employers-responsibilities/ Wed, 30 Sep 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/09/human-rights-concerns-an-employers-responsibilities/ Under the Alberta Human Rights Act, employers must ensure no discrimination or harassment based on any of the protected grounds is present in the workplace. They must develop procedures and policies that are not discriminatory. In the event of violations of the AHR Act, the employer might be held liable, regardless of involvement in alleged infringements. Employers must address human rights concerns immediately.

If an employee reports an alleged act of discrimination, the employer must promptly launch a thorough investigation. The employer may not disregard any allegations, even if there were no witnesses of the alleged discrimination. If the accusations are corroborated, the employer must take appropriate action, which might include disciplinary steps. Furthermore, policies must be reviewed and amended to prevent repeat incidents — if necessary.

When a discrimination complaint is made, the employer must ensure the protection of the privacy of all the parties involved. An employee could report such allegations to the Alberta Human Rights Commission or subject to an internal process. Either way, privacy must be protected. Under no circumstance may employers take sides, and they must deal with all procedures with utmost neutrality and confidentiality.

Many employers in Alberta recognize the gravity of their responsibilities concerning the AHR Act. To avoid adverse incidents, they retain the services of an experienced employment law lawyer. Human rights concerns could make or break a company, and how they deal with allegations is crucial. The availability of skilled legal counsel to assist with the legalities when allegations are made could be invaluable.

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Business law: Which business structure to choose https://www.ridoutbarron.com/blog/2020/09/business-law-which-business-structure-to-choose/ Wed, 23 Sep 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/09/business-law-which-business-structure-to-choose/ The prospects of starting a new business in Alberta are exciting. However, proper planning is crucial to the business’ success. Choosing between the various business structures is essential because it will affect other decisions, and compliance with business law and tax laws from the onset is vital. It is only natural to have many questions, and approaching the right person for answers is essential. The options are sole proprietorship, partnership and incorporation.

A frequently chosen option is a sole proprietorship because it is easily created and informal. In this structure, legal and tax authorities see the operator and the business as one, which is an advantage in that income gained can be reduced by business losses. However, a sole proprietor is responsible for all business functions and personally liable for business debts. A partnership is not much different from the sole proprietor business structure, although it has two or more partners, typically with a contractual agreement. An agreement typically determines the percentage of each partner’s share of tasks, expenses, and revenue income for the day-to-day running and when preparing tax returns.

Incorporation is seldom the choice of business structure for new businesses because it is significantly more costly than the other two options. Companies that operate internationally or in multiple provinces choose this structure, as do businesses that sell shares to acquire capital. Corporations’ financial records must be reported to governing authorities annually, and qualified accountants must audit the financial statements.

These are but a few of the essential details and options for choosing the perfect business structure in Alberta that complies with business law. To start a company on the best possible foundation is to consult with an experienced business law lawyer. After assessing the client’s unique circumstances, legal counsel can explain all the options and laws applicable to each business structure. This will allow the prospective business owner to make informed decisions. Furthermore, the lawyer can provide ongoing support and guidance as the business grows.

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Wills are powerful documents to express last wishes https://www.ridoutbarron.com/blog/2020/09/wills-are-powerful-documents-to-express-last-wishes/ Tue, 15 Sep 2020 05:00:00 +0000 https://2089592.findlaw6.flsitebuilder.com/blog/2020/09/wills-are-powerful-documents-to-express-last-wishes/ Reportedly, a significant percentage of Canadians, including many in Alberta, believe there is no need to do estate planning. Many people reason that it is obvious that their surviving spouses and children will receive their estates. However, that is not the way things work. Wills are the way to ensure that possessions, money and percentages of estates go to the intended beneficiaries. Without wills, the law will decide how the estate assets like real estate, personal items, vehicles, investments and more will be divided.

A will could be a powerful document by which people can express their wishes, often including other than immediate family members. Death can come unexpectedly, and having wills and trusts in place can relieve some of the trauma surviving family members go through after the unexpected deaths of loved ones. A will allows a person to bequest specific items to those who would most appreciate it or show gratitude to someone who deserves it. Another available option is to make charitable bequests.

Wills are also the document in which a guardian for children can be appointed. The same person or another individual can be selected as the executor of the estate. This person will have the duty of ensuring the wishes of the testator are carried out. Those who have pushed estate planning to the back burner may benefit from discussing estate planning with a lawyer.

A consultation with an Alberta lawyer with extensive experience in the laws related to wills and estates can answer questions and explain various options. After assessing the unique circumstances and assets of the client, legal counsel can provide specific suggestions. This will allow the client to make informed decisions and the lawyer to draft a will and other estate planning documents in compliance with the province’s laws.

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