Frequently Asked Questions

Most matters begin with a claim filed at the Court of King’s Bench, and since January 2026 the Court’s Family Focused Protocol requires several steps before a first application, including the Parenting After Separation course, an attempt at dispute resolution, and exchange of financial disclosure. Urgent matters are exempt, and the requirements can be waived or deferred in some circumstances.

No. Most matters resolve by agreement, and a separation agreement or consent order can deal with parenting, support and property without a contested hearing. Court becomes necessary when the other party will not negotiate, will not disclose, or when something has to be decided quickly.

Child support is set by the Federal Child Support Guidelines, based on the payor’s income and the number of children, with shared parenting and special expenses affecting the calculation. Income has to be proved with disclosure, which is where most support disputes actually turn.

The Court first asks whether a spouse or adult interdependent partner is entitled to support at all, on the basis of the economic consequences of the relationship and its breakdown, the need of the person claiming it, or an agreement between them. Where entitlement is established, the amount and duration are usually guided by the Spousal Support Advisory Guidelines, which are advisory rather than binding, and which turn on both parties’ incomes, the length of the relationship and whether there are children.

The only consideration is the best interests of the child, with particular weight on the child’s physical, emotional and psychological safety, security and well-being. Under the Divorce Act the Court allocates parenting time and decision-making responsibility, and under Alberta’s Family Law Act it makes parenting orders for guardians, and in either case the arrangements parents agree on themselves tend to be the most durable.

Under the Family Property Act, property acquired by either spouse or adult interdependent partner during the relationship is generally divided equally, unless that would be unjust. Property owned before the relationship, and gifts and inheritances received from others, are generally exempt at their value when the relationship began or when they were received, while any increase in value is usually shared. A claim is subject to strict time limits, generally two years, which run from different dates depending on the relationship.

It is worth considering where either person brings property into the relationship, owns a business or an interest in one, expects an inheritance, or has children from an earlier relationship. Both parties need independent legal advice for the agreement to hold up.

Yes. Emergency Protection Orders can be granted the same day and are reviewed at the Court of King’s Bench within nine working days. If something cannot wait, call rather than sending an email.

Risk of violence or immediate harm, risk of a child being removed from Alberta, reviews of Emergency Protection Orders, and parenting matters that cannot reasonably be delayed. Urgency is decided on the evidence filed, so the materials matter more than the description of the problem.

Probate is a grant from the Court of King’s Bench confirming that a will is valid and that the personal representative has authority to deal with the estate. It is not always required, and whether it is depends on what the estate holds and what the banks, insurers or the Land Titles Office ask for.

A straightforward estate usually takes about a year. Part of that is unavoidable, because family maintenance and support claims can be brought for six months after the grant is issued, so distributing before that period ends carries risk. Contested estates take considerably longer.

Usually yes. Jointly held property can pass to the survivor outside the estate, but that does not cover everything you own, it does not appoint someone to act, and it does not appoint a guardian for minor children. Joint ownership also causes its own disputes, particularly where an account was put in a child’s name for convenience.

Yes, on grounds including lack of capacity, undue influence, improper execution, and claims by a spouse, partner or dependent child for maintenance and support. Time limits are short, so advice should be taken as soon as a concern arises.

A beneficiary is entitled to information and to an accounting, and under rule 97 of the Surrogate Rules can apply to the Court of King’s Bench at any time for an order that the executor account. Where the estate is at risk in the executor’s hands, through delay, refusal to account or self-dealing, the Court can remove and replace them.

Yes. Since the Supreme Court of Canada’s decision in Ahluwalia v Ahluwalia in 2026, a pattern of coercive and controlling conduct within an intimate relationship can ground a claim for damages as a tort of intimate partner violence in its own right, alongside the established claims for assault, battery and intentional infliction of mental suffering. The claim is brought as a civil action separate from any family proceeding, although the two are run together.

No. A civil claim does not depend on a charge or a conviction, and it is decided on the balance of probabilities. Claims based on sexual assault, and claims for assault or battery by a partner, a parent or someone you depended on, have no limitation period in Alberta.

Only where the care fell below the standard of a competent practitioner in the same field and that failure caused the harm. A poor outcome on its own is not enough, since many complications follow care that was entirely competent.

Generally two years from when you knew, or ought to have known, that you were injured, that the injury was attributable to the provider and that it warranted a claim, with an outer limit, apart from limited exceptions, of ten years from the care itself. Records and an expert opinion take months to obtain, so it is wise to call early.

It does not. A College complaint addresses the professional’s conduct and awards the patient nothing, while compensation can only be obtained through a claim, and the two proceed separately.

It depends on where you carry on business and how you want the name protected. Federal incorporation gives stronger name protection across Canada and requires extra registration in each province where you operate, while Alberta incorporation is simpler if the business stays here.

If more than one person owns the business, yes. The agreement decides what happens when someone wants out, dies, becomes disabled or falls out with the others, and without one you are left with the default rules and a dispute.

Alberta corporate legislation provides an oppression remedy for conduct that is oppressive or unfairly prejudicial to a shareholder, along with other remedies for breach of an agreement or of a director’s duties. These matters are fact heavy, so records and correspondence matter from the outset.

Rights can arise from use, but registration through the Canadian Intellectual Property Office gives protection across Canada and makes enforcement far easier. A search before you commit to a name is usually money well spent.

Not necessarily you. Copyright generally stays with the creator unless it is assigned in writing, which catches out businesses who paid for a logo, a website or software and assumed they owned it. Assignments and licences should be dealt with in the contract.

Contracts and negotiations for athletes, performers, creators and the people who work with them, including agency and representation agreements, endorsement and sponsorship deals, appearance and image rights, and disputes arising from them.

Yes, particularly where it involves exclusivity, a term of years, a share of earnings, or rights in your name or image. The terms that cause trouble are usually the ones about ending the deal, not the ones about the money.

Yes. The Court of King’s Bench recognized a civil tort of harassment in 2023, and it is not limited to conduct online. A claim requires repeated harassing behaviour that the person knew or ought to have known was unwelcome, which impugned your dignity or would cause a reasonable person to fear for their safety, and which caused harm. An order stopping the conduct can be sought at the start of the action.

Defamation covers false statements of fact that damage your reputation. Deadlines are short, and shorter still for newspaper and broadcast publications, where written notice must be given within three months. Preserve the posts with screenshots showing the account, date and address before they are deleted.

Alberta legislation makes distributing an intimate image without consent a tort that can be brought without proof of damage, with remedies including damages and an injunction, and it is also a criminal offence. Alberta courts have also recognized a claim for public disclosure of private facts.

Yes. The firm advises and represents regulated professionals, including physicians and other health professionals, through complaints, investigations and discipline hearings. The written response to the initial complaint often shapes the outcome, so advice should come before you respond.