Alberta, Canada moves to no-fault insurance in January 2027

Alberta’s New Care‑First No‑Fault Auto‑Insurance Model Coming Soon

In a major reform, Alberta is replacing the traditional tort-based auto‑insurance system with a Care‑First no-fault model, slated to take effect on January 1, 2027. (Alberta.ca )

The change is purported to deliver faster compensation and more comprehensive medical care, yet comes at the cost of significantly limiting Albertans’ rights to sue at-fault parties for injuries.

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On the Hook for Debts of an Estate?

When someone leaves you some cash, land, a turtle, behind in their will, who is on the hook for any outstanding debts?

It goes without saying, nowadays there are fewer and fewer people retiring with a mound of cash. Some of our elderly folks need to work well into their seventies, and even then they’ll end up racking up debt to stay afloat.

In a will a Executor is appointed over the estate to divvy everything up. But what happens when you have more debts than assets? Continue reading “On the Hook for Debts of an Estate?”

Customary International Law in US litigation under the Alien Tort Claims Act

The Alien Tort Claims Act (ATCA) was originally passed as anti-piracy statute back in the 1800s. However, it came back to prominence in the 1980s. The -act states that if you are a non-US citizen your claim can be heard in a federal court, but your claim has to vis either a violation of treaty or a violation of custom.

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Introduction to the Tort of Negligence

Here are some introductory points on the tort of negligence.

The Elements of a Negligence Action –

Remember, the plaintiff usually has the burden of proving the first five, while the defendant has the burden of proving the sixth.

1. Duty of Care (limiting step) – there are policy considerations that can lead to the finding and non finding of a duty of care; this duty of care exists when it is reasonably foreseeable that your actions will have an effect on another person.

2. Standard of Care and its Breach – in most (but not all) negligence actions, the standard of care is the reasonable person standard .

3. Causation – has the breach of the duty of care caused an injury to the plaintiff? But for the breach of the duty of care, would the injury have occurred?

4. Remoteness of Damages (limiting step) – also called legal causation; if the damages are found to be too remote from the breach of the standard of care, then the plaintiff will not win the case.

5. Actual Loss – without loss, the plaintiff will not be successful (as opposed to intentional torts)

6. Defences – voluntary assumption of risk, illegality

Limiting Your Treatments after Injury

Is it true that you are entitled to certain insurance benefits from your own insurer, regardless of who was at fault? It’s true, in Canada these benefits are often called ‘Section B benefits’. However, insurers like to erroneously inform injured clients that they will only ‘authorize’ 21 treatments (of various kinds). This is not true. Continue reading “Limiting Your Treatments after Injury”

How Much Should You Pay for an Injury Attorney?

Most injury lawyers will work on an agreement that they’ll be paid out of the settlement you receive. That means they’ll work for free. Kind of. Sometimes payments, especially those that go on for a long period of time, will amount to 40-50% of your settlement. The total value is dependent on how complex and long your case is.

It can amount to a lot of cash tomorrow, but generally this is the only way one can afford representation.

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Terms of Employment Contracts

The rules of employment contracts are similar to the rules of contract in general. For example, as per the freedom of contract, one is fully entitled to choose whether or not they want to enter into a contract. This applies to employment contracts as well. Employers are free to decide whether or not they want to enter into a contract with you i.e. hire you. Just like in regular contracts, the principles of offer, acceptance, consensus ad idem, etc are necessary to form an employment contract. An employer cannot unilaterally impose a contractual term onto an employee.

Obvious Check Before Buying a Condo

Condo living can be good for the environment, requires less maintenance, and can increase security/community. Smaller spaces and sharing heat reduces your carbon footprint (assuming you pay attention to that kind of thing). You don’t have to vacuum common area carpets, shovel snow, or cut grass. The garbage is taken away down your chute, and your condo fees cover most of your utilities. You also have the benefit of living in close proximity to others for added security. Continue reading “Obvious Check Before Buying a Condo”

Just a Number with Insurance Companies

We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.

To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.

But what happens if you need to make a claim?

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How Do Contingency Agreements Typical Work?

A Contingency Agreement is a type of agreement that is typically used in various types of arrangements between client and lawyer. For example, personal injury cases. It allows individuals to hire a lawyer without having to pay out any funds until the case is either settled or a judgment is granted against the person responsible for causing the injuries.

The fee is payable only if there is a favourable result. It is generally defined as a fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court…. contingent fees are usually calculated as a percentage of the client’s monetary settlement/award.

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