FAQs

Choose Guardian Law Group LLP

Choose a lawyer who’s experienced in your particular area of the law and who is not afraid to take your matter to court. Our lawyers are highly experienced professionals who have successfully taken matters to trial when a just settlement couldn’t be reached.

Email us at reception@guardian.law or call (587) 315-1118 to speak to a lawyer and receive answers about your case.

Business Law FAQ

Incorporating your business offers various benefits, including limited liability and potential tax advantages. Our legal team can guide you through the process and help you decide if it's the right choice for your business.

A sole proprietorship has a single owner responsible for all liabilities, while incorporation creates a separate legal entity. Our lawyers can explain the distinctions, helping you choose the best structure for your business goals.

A shareholders' agreement outlines ownership rights, responsibilities, and dispute resolution mechanisms. This document safeguards your business and helps prevent conflicts among shareholders.

Our business law services cover a wide spectrum, including incorporating and dissolving companies, drafting employment agreements, handling mergers and acquisitions, navigating internet/technology law, and more.

Our legal team can assist you in registering and protecting your intellectual property, including trademarks. This safeguards your brand identity and prevents unauthorized use.

Mergers and acquisitions entail due diligence, negotiation, drafting agreements, regulatory compliance, and more. Our experienced lawyers guide you through the complexities of these transactions.

Our legal experts help you establish and maintain robust corporate governance practices to ensure compliance with regulations and enhance transparency within your organization.

Internet and technology law addresses issues like data protection, privacy, e-commerce regulations, and more. Our team ensures your business operations align with legal requirements in the digital realm.

Our legal team specializes in crafting clear and comprehensive employment agreements, safeguarding your interests while ensuring compliance with employment laws.

Company dissolution involves legal steps to wind up business affairs properly. Our lawyers guide you through the process, ensuring compliance with relevant regulations.

We provide legal counsel for structuring franchising agreements and joint ventures, protecting your interests and ensuring smooth collaborations.

Limited partnerships have unique legal requirements. Our experts assist in setting up and managing limited partnerships while ensuring legal compliance.

Our legal team employs strategies such as thorough due diligence, strong contractual agreements, and negotiation tactics to safeguard your interests throughout the merger or acquisition process.

Proper deal structuring is essential for optimizing business transactions' outcomes. Our lawyers assist in creating favourable terms and conditions for your deals.

We guide businesses through the complexities of employment law, ensuring fair and compliant employment practices and minimizing legal risks.

Guardian Law Group LLP stands out for its skilled legal team, extensive resources, and commitment to finding innovative solutions for clients' legal challenges. We simplify the legal process and empower you to make informed decisions.

Civil Litigation FAQ

Civil litigation involves legal disputes between individuals, businesses, or organizations seeking monetary compensation or specific actions, often resolved through court proceedings.

If you're facing disputes over matters like contracts, property, construction, or personal rights, civil litigation may be appropriate. Our team can assess your situation and advise on the best course of action.

Our approach prioritizes tough yet principled negotiation backed by solid legal research. We aim for settlement, but if litigation becomes necessary due to a lack of options, we're prepared to represent your interests effectively.

Our experienced team has managed a diverse range of cases, including administrative law, bankruptcy, construction disputes, defamation, property litigation, human rights issues, and more.

Yes, we're skilled in alternative dispute resolution methods such as mediation and arbitration, providing effective alternatives to traditional litigation.

Civil litigation timelines can vary but typically range from one to three years in Alberta. With our expertise, we work to streamline the process and minimize delays.

By choosing us, you gain a strategic advantage in navigating the complexities of civil litigation. Our seasoned lawyers manage the entire process, from initial claims to potential appeals, ensuring efficient and effective resolution.

With Guardian Law Group, you're not just hiring a lawyer; you're partnering with a dedicated team committed to swift resolution. We handle records exchange, questioning, expert opinions, and more, ensuring you avoid the headache of prolonged disputes.

Construction Law FAQ

Construction law is a specialized branch of legal practice that deals with the legal aspects of construction projects. It covers a wide range of issues such as contracts, disputes, regulations, and liability. Construction law ensures that parties involved in construction projects understand their rights and responsibilities, minimizing conflicts and promoting successful project completion.

Construction law encompasses a variety of legal matters, including contract negotiation and drafting, project bidding and procurement, regulatory compliance, payment disputes, design and construction defects, insurance claims, and dispute resolution. It addresses the legal intricacies that arise during the planning, execution, and completion of construction projects.

A construction lawyer plays a crucial role in guiding you through the legal aspects of a construction project. They can help you draft and review contracts to ensure clarity and protection of your interests. In case of disputes, a construction lawyer can represent you in negotiations, mediation, arbitration, or even litigation, if necessary. Their expertise helps mitigate risks and enhance the overall success of your project.

To minimize the likelihood of construction disputes, several steps can be taken. Clear and comprehensive contracts should be drafted, outlining the roles, responsibilities, and expectations of all parties involved. Regular communication and documentation throughout the project can help address issues early. Adhering to regulatory standards, ensuring proper project management, and using experienced professionals can also contribute to a smoother project experience.

Choosing a law firm specializing in construction law, such as Guardian Law Group LLP, offers several advantages. Their lawyers have in-depth knowledge of the unique legal challenges construction projects can pose. They understand the intricacies of contracts, regulations, and dispute resolution specific to the construction industry. This expertise ensures that you receive tailored legal advice and representation that is best suited to your construction-related needs.

Employment Law FAQ

If you are terminated without cause, your employer will likely offer you a "package" including some termination pay. We recommend you have a lawyer review this for you before accepting.

When this occurs, we suggest politely telling your employer that you would like to have their offer reviewed by a lawyer who has experience in this area of the law. Our highly skilled team of professionals would be happy to meet with you to discuss all your options and help you determine the right move.

The Employment Standards Code and Human Rights Act prohibit employers from laying off, terminating, discriminating against, or even asking employees to resign because of pregnancy, childbirth, or taking maternity or parental leave. Canadian courts have awarded additional damages for an employer’s attempt to terminate an employee in situations like this. It is strongly advised for you to speak with a lawyer to discuss your specific situation.

The Alberta Human Rights Code prohibits discrimination on the grounds of race, religious beliefs, color, gender, gender identity, physical disability, mental disability, and age (with some qualifications). If you believe that you have been the victim of such discrimination, contact one of our lawyers so we can get to work advocating for your rights.

In many cases, Guardian Law Group will take employment matters on a contingency fee basis, meaning that we only get paid as a percentage of your recovery when you get paid. In this area of the law, our contingency rate only applies to any additional settlement or judgment that we are able to obtain for you.

“Constructive dismissal” is when an employee is forced to resign due to the employer creating an intolerable work environment. Since the employee is being forced into resigning, it is seen as a termination by the employer and the employee is entitled to a severance package.

The Limitations Act typically provides a two-year limitation to sue from when you knew or ought to have known about a claim. Contact one of our lawyers to discuss your rights well in advance of this deadline.

Family Law FAQ

Family law encompasses legal matters related to relationships, marriage, parenting, and divorce. It becomes essential when facing situations like separation, divorce, child custody, spousal support, and property division.

Our compassionate lawyers provide legal guidance and representation during challenging times of separation. We offer comprehensive services that cover divorces, property division, parenting agreements, child welfare proceedings, and more, ensuring you have informed options.

Our services include separation and divorce support, child and spousal support matters, property division, parenting agreements, adoption assistance, pre-and post-nuptial agreements, and skilled child representation.

Yes, we provide strategies and legal support to navigate parenting challenges post-divorce, ensuring the well-being and best interests of the children involved.

Our approach prioritizes compassionate yet effective resolution. We work to mitigate emotional and financial challenges by providing legal advice and representation tailored to your specific situation.

Matrimonial property division involves fairly distributing assets and debts after a separation or divorce. Our lawyers guide you through this process, aiming for equitable outcomes.

Yes, our legal team has experience in adoption matters, providing guidance and ensuring legal compliance to make the adoption process smoother.

Proactive planning agreements include prenuptial and postnuptial agreements that establish terms and conditions for property division, support, and other matters in case of a future separation.

Internet and technology law can impact family matters involving privacy, digital assets, online communication, and cyberbullying. Our team addresses these modern challenges to protect your family's interests.

Family trusts and spousal trusts can be used for estate planning and financial protection. Our lawyers can help you understand and establish these trusts to secure your family's future.

Yes, family law usually includes wills. Guardian Law Group provides services for trusts and wills.

Insurance Claims FAQ

Our experienced legal team handles a wide range of insurance claims, including property insurance, business interruption, broker liability, life insurance, hail damage, course of construction, water and flood damage, natural disaster claims, and more.

Insurance companies sometimes deny or undervalue claims unfairly. Our lawyers have a track record of aggressively pursuing insurance companies on behalf of policyholders to secure the fair compensation they deserve.

The timeframe for filing an insurance claim varies, often ranging from a few weeks to a year, depending on your policy. If you're uncertain or have faced a denied claim, consult with an insurance claim lawyer for professional guidance.

Our compassionate lawyers understand the devastating impact of denied or underpaid insurance claims. With our winning track record against insurance companies, we're your dedicated advocates to ensure you receive the compensation you're entitled to.

By partnering with us, you gain our extensive experience and knowledge of how to navigate the insurance dispute process. With our expertise and guidance, we strive to secure the largest possible claim for you.

"Bad faith" practices involve insurers acting unfairly to delay, deny, or underpay claims. Our legal team is skilled at recognizing and challenging these practices to hold insurance companies accountable.

Business interruption claims require thorough analysis and negotiation. Our lawyers assess the impact on your business and pursue rightful compensation for the disruptions you've experienced.

Yes, our legal team can guide you through director and officer insurance claims, ensuring that your rights and interests are protected in case of any disputes or denials.

Notaries & Commissioners FAQ

Notaries and Commissioners services involve the legalization, authentication, and certification of various legal documents. These services are essential for ensuring the validity and credibility of documents for international transactions, immigration, and other legal purposes.

You might need these services when dealing with documents that require authentication for use in foreign countries, immigration applications, business transactions, or legal proceedings. Notaries and Commissioners ensure your documents meet the necessary legal standards.

Notaries and Commissioners can assist with a range of documents, including affidavits, oaths, statutory declarations, contracts, powers of attorney, and other legal paperwork that need to be officially validated.

Our experienced professionals ensure meticulous attention to detail, guaranteeing the seamless legalization and authentication of your documents. With Guardian Law Group, you benefit from trustworthiness, expertise, and precision in the certification process.

Notaries and Commissioners play a crucial role in ensuring that documents are legally recognized and enforceable across borders. Their services help bridge legal gaps and ensure that documents stand up to scrutiny in different jurisdictions.

Public Affairs FAQ

This department (Guardian Public Affairs) provides comprehensive advice and representation in various areas, including government relations, municipal law, advocacy, regulatory matters, crisis management, communications, and more.

With experienced professionals (including Alberta's 23rd Minister of Justice) on our team, we offer expert advice and representation. Whether you need media services, communications advice, or interaction with local, provincial, or federal governments, we have the hands-on experience and relationships to make your organization stand out.

Our Public Affairs team has successfully managed a range of cases, including regulatory and bylaw issues, and other matters.

Our Public Affairs team is skilled in crisis management, helping clients navigate challenging situations and safeguard their reputations through effective communication strategies and legal guidance.

With a wealth of experience, our public affairs professionals excel in communication, effectively representing your interests and working for favourable outcomes in various contexts.

Real Estate FAQ

Guardian Law Group LLP's experienced and passionate real estate team prioritizes exceptional customer service to provide clients with a low-stress experience in all real estate transactions. Our team is dedicated to offering comprehensive support and tailored guidance for every transaction, ensuring that clients receive sound advice through the complexities of the matter.

Our real estate team handles many transactions, including but not limited to purchases, sales, and refinancing of property. Our extensive experience equips us to navigate diverse legal challenges within the real estate field.

Our team can help! We oversee and assist in the entire commercial transaction. Our legal team is prepared to provide comprehensive support. We offer expert advice on negotiating contracts, handling regulatory compliance, and addressing potential legal pitfalls throughout the process.

Real estate disputes can be complex and require a deep understanding of the legal intricacies involved. With decades of expertise in real estate law, Guardian Law Group LLP's skilled professionals possess the know-how to effectively manage disputes, whether they involve boundary issues, title disputes, or other property-related conflicts.

At Guardian Law Group LLP, we take pride in understanding each client's unique situation. Our compassionate and knowledgeable lawyers adapt their approach to suit your specific needs. Whether you're a business owner, individual buyer, or seller, our personalized guidance ensures that your real estate matters are handled with the utmost care and attention.

Yes, our extensive experience in real estate law includes handling insurance claims within this domain. Whether you're dealing with property damage or other real estate-related insurance issues, our skilled professionals are well-equipped to assist in navigating the legal complexities and advocating for your rights.

Our commitment to delivering exceptional service, combined with our experienced and knowledgeable legal team, makes us a reliable choice for all your real estate needs. We offer a combination of professionalism, care, and expertise to guide you through the complexities of real estate law, ensuring the best possible outcome for your unique circumstances.

Serious Personal Injury FAQ

Your health is what's most important at this stage. Go to your doctor and truthfully complain about every issue. It’s important to get into treatment as soon as possible and to truthfully describe your symptoms to your treatment providers in the greatest detail possible. Our legal team would be pleased to speak with you, explain the law surrounding your situation, and fight for your rights.

Once you have the treatment you need, report it to the police if you haven't already. Not sure where to start? Give us a call at 587-315-1118.

On the highest end, in 1978 the Supreme Court of Canada made a decision in what is often called the “trilogy” of cases - Teno v Arnold, Thornton v School District No. 57 and Andrews v Grand & Toy - which set a maximum amount for general (non-pecuniary) damages at $100,000.00 for the most severe injuries. (This amount is indexed for inflation and is equivalent to about $370,000.00 today.)

Note that there are countless factors which can affect how much your claim is worth. You'll want a professional to analyze your individual case and assess it. Feel free to give us a call!

In 2004, the Alberta government enacted a regulation that “caps” the maximum payment for general damages (also known as non-pecuniary damages) for pain and suffering at $4,000.00 (approximately $5,200.00 in today’s dollars). This “cap” only applies to “minor injuries” and Courts have ruled on what falls under this “cap” and what does not. “Minor injury” is defined by this regulation as “a sprain, strain, or WAD injury (whiplash associated disorder) caused by a motor vehicle accident, that does not result in a serious impairment.” Not all traffic accident injuries caused by traffic accidents are governed by the “cap”. Courts have ruled on what does and does not fall under this definition so it is advisable to consult a lawyer about the specifics of your claim. Even if your claim falls under the “cap”, you can still claim for additional heads of damage (i.e. loss of income, loss of housekeeping amenity, etc.) Contact your lawyer for specific details.

Any injured party can deal with the insurance company on their own – but know that insurance companies are huge, multi-billion dollar corporations with literally thousands of employees - defense lawyers, experts, and adjusters - all of whom are hired to protect the insurance company’s interests. Particularly in the case of more serious injuries, we strongly recommend that you consult a lawyer who practices in this area before accepting any settlement offered from an insurance company directly.

We typically take injury cases on a “contingency fee” basis, meaning that our fee applies as a percentage of the final settlement. In these situations, there is no payment to us until a settlement is reached or a judgment is obtained. Don't worry, we'll explain this all to you in our first meeting with you.

The Alberta government has a program established under the Motor Vehicle Accident Claims Act that allows an injured party to claim up to $200,000.00 in general damages from a fund established for this purpose. These claims can take a long while and are exceedingly complex, so we would advise that you speak with a lawyer to deal with your claim.

The Alberta government’s program under the Motor Vehicle Accident Claims Act also covers persons injured in incidents from unknown drivers. We can likely launch an action for you in this case; please give us a call to learn more.

Courts have recognized a loss of housekeeping amenity as a compensable loss. If you are hiring an outside service to assist with your housekeeping, keep your receipts as they can likely be reimbursed at the conclusion of your claim. If you are having a family member assist you, our firm recently represented an injured party and the Court ruled that $25.00 per hour is reasonable compensation for such work for indoor tasks and $35.00 per hour for outdoor work (see Dirk v Toews).

Claims for loss of income can be complex but can be advanced. Often an expert report is required to ascertain the total past and future loss of income. This will often involve the hiring of a qualified economist to complete a report in this respect.

It can take literally years – especially in more serious injury cases – from the date of loss until a matter is resolved or goes to trial. We recommend that you retain the services of a lawyer who is experienced in this area of the law and not afraid to take the next step when an offer from an insurance company is not acceptable.

In some circumstances, a lawyer can request an advance payment from an insurance company. In exceptional circumstances, a lawyer can even apply for advance payment from the Court. These processes are complex, so ask your lawyer for further details.

Typically your own insurance company will cover the costs of treatment under your own policy’s no-fault benefits (often referred to as “Section B” benefits). While it is usually best for you to deal with your own insurance company (not the other party’s) directly, there are some situations where a lawyer needs to get involved to ensure that your treatment costs are covered.

Unless otherwise agreed, anything that you tell an insurance company is “on the record” and is producible evidence should your matter go to trial. Insurance companies often record these conversations and under the rules of evidence are allowed to do so without your knowledge or consent. We strongly recommend that you let a lawyer who is experienced in this area of the law communicate with the insurance company on your behalf.

Our firm does not handle WCB claims. Virtually all workplace accidents are handled by the Worker’s Compensation Board. You should immediately seek medical attention and report the injury to your employer.

Our office has handled many out-of-province claims. Typically it is best to sue in the jurisdiction where the incident happened. Our firm has relationships with lawyers in other cities, provinces, and countries and often we can pursue a co-counsel arrangement with a lawyer in the locale of where you were injured. Please give us a call to discuss specifics.

Our office has handled many claims involving minors. Typically the public trustee will have to approve any settlement that we would negotiate for you. Please contact us for further details.

The Fatal Accidents Act prescribes for compensation of survivors of a fatal accident. There may also be a claim for lost wages. We would be pleased to discuss your specific situation with you – give us a call.

Defamation Law FAQ

Justification: If what someone said is true, it is of course not defamation; 2) Fair comment: People and media are entitled to make statements about others or events, in their own opinion, even if these comments are critical or negative – so long as they are fair. To qualify for this defense, a defendant must establish that their statements were not intended as facts – but comments. This protection also only exists if the intention is not in an attempt to injure a party’s reputation. 3) Qualified privilege: This defense can apply where the person who made the statement has a legal, moral, or social duty to do so. This can include proceedings of regulatory agencies, fair criticism in a review, or statements made to warn others of harm or danger. Note that qualified privilege is not a defense to defamation if malice is proven. 4) Absolute privilege: This applies to members of a law-making body (i.e. a parliament or legislature) for statements made during the course of debates and while in the legislative chamber.

A company has the right to sue for defamation just like an individual.

The vast majority of instances of defamation are civil. However, the Criminal Code of Canada provides for criminal penalties if a defamatory statement incites hatred, contempt, or ridicule. In such a case, an individual would be well advised to hire a criminal lawyer to receive legal advice.

The vast majority of instances of defamation are civil. However, the Criminal Code of Canada provides for criminal penalties if a defamatory statement incites hatred, contempt, or ridicule. In such a case, an individual would be well advised to hire a criminal lawyer to receive legal advice.

In many cases, a Court order can be obtained for the website to produce information to obtain the identity of the person responsible for the defamation.

No Court can force an individual to apologize for defamatory comments. Often, however, an apology can be negotiated if a matter is settled, as a condition of settlement.