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Alberta Legal Answers from Calgary Lawyers

Short, plain-language answers to questions we are asked regularly in Calgary. This is general information about Alberta law, not legal advice for your situation.

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Questions people ask us most

Family Law Answers

How long does a divorce take in Alberta?

An uncontested divorce where the issues are already resolved can often be completed in a matter of months, while a contested matter takes considerably longer. The timing depends on how quickly financial disclosure is exchanged, whether parenting and support are agreed, and court scheduling.

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How is child support calculated in Alberta?

Child support is generally calculated using the applicable child support guidelines, based on the paying parent's income, the number of children and the parenting arrangement. Special or extraordinary expenses, such as childcare or medical costs, may be shared in addition to the table amount.

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Do we have to go to court to separate?

No. Many separations are resolved by negotiation or mediation and recorded in a separation agreement. Court becomes necessary when agreement cannot be reached or when an order is required.

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Civil Litigation Answers

How long do I have to start a lawsuit in Alberta?

Alberta limitation periods are strict, and missing one can end a claim regardless of its merits. Because the applicable period depends on the type of claim and when the issue was discovered, obtain advice early rather than assuming you have time.

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What is the difference between the two Alberta courts?

The Alberta Court of Justice handles civil claims up to a monetary limit with a simpler procedure, while the Court of King's Bench of Alberta hears larger and more complex claims. Which court applies affects cost, procedure and timing.

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Can a dispute be settled without a trial?

Most civil disputes resolve before trial through negotiation, mediation or a settlement conference. A realistic assessment of the claim early on usually improves both the outcome and the cost.

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Employment Law Answers

What notice am I entitled to if I am dismissed without cause?

Alberta employment standards set a statutory minimum, but common law reasonable notice is often greater and depends on factors such as length of service, age, position and the availability of similar work. A severance offer should be reviewed before it is signed.

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Is my non-competition clause enforceable?

Restrictive covenants are enforceable only in limited circumstances and must be reasonable in scope, geography and duration. Whether a particular clause binds you depends on its wording and the context in which it was signed.

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Business and Contract Answers

What should a commercial contract always address?

At a minimum: the scope of what is being provided, price and payment terms, timelines, how changes are handled, who bears which risks, how the agreement ends and how disputes are resolved. Gaps in these areas are the most common source of later disputes.

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Should I incorporate my Alberta business?

Incorporation can offer liability and tax advantages, but it adds filing obligations and cost. The right structure depends on your revenue, risk exposure, ownership and plans for the business, and is best considered with both legal and accounting advice.

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Personal Injury Answers

What should I do after a collision in Alberta?

Get medical attention, report the collision as required, keep records of treatment and expenses, and be careful about giving recorded statements before you understand your position. Limitation periods apply to injury claims.

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Do injury claims always go to court?

No. Many claims resolve through negotiation with the insurer once the medical picture is clear. A claim may be filed to protect a limitation period even when settlement is expected.

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Wills and Estates Answers

What happens if I die without a will in Alberta?

Your estate is distributed according to Alberta intestacy legislation rather than your wishes, and someone must apply to be appointed to administer it. That usually adds delay and cost for the people you leave behind.

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How often should a will be reviewed?

Review your will after any significant change: marriage or separation, a new child, a death in the family, buying or selling a business, or a substantial change in assets.

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