Anh Dang

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So far Anh Dang has created 95 blog entries.

Estate Gifts & Public Policy

A recent decision from New Brunswick has highlighted the court's ability to void an estate gift for public policy reasons. In McCorkill v. Streed, Executor of the Estate of Harry Robery McCorkill, the Court dealt with a will that had a gift to an organization that the court found stood for principles and policies that [...]

June 23rd, 2014|

Dispatches From The Desk Of A Summer Student

Helping a lawyer prepare for trial is both similar to what I had expected and nothing like it at the same time. Yes, my Outlook Calendar is peppered with “Trial Prep – Document Review” and “Question Preparation” meetings (which inevitably get moved around; other clients matters don’t go away just because we have a trial!). [...]

June 11th, 2014|

The New Estate Administration Act

On March 20th, 2014, the Estate Administration Act (the EAA) was passed by the Alberta Legislature. The EAA will replace the Administration of Estates Act, the Devolution of Real Property Act, and several rules that are currently contained in the Surrogate Rules of Court. One important change that the EAA will bring about is that [...]

June 2nd, 2014|

What Does Canada’s New Anti-Spam Legislation Mean For You?

Canada’s new anti-spam legislation (CASL) was passed in 2010 and is set to come into force on July 1, 2014. CASL will require most organizations to obtain consent before sending out commercial electronic messages (CEMs), which includes emails, text-messages and other forms of electronic communication. The purpose of CASL is to help Canadians avoid spam [...]

May 29th, 2014|

The Proper Arena

We often have clients come into our office and they are seeking a solution and they want it adjudicated quickly. This is where clients often become frustrated. An old adage exists that the wheels of justice move slowly. More often than not that adage is correct. Court of Queen’s Bench sits most every business day. [...]

May 22nd, 2014|

Judicial Independence

In recent weeks there has been commentary from politicians regarding the courts, particularly the Supreme Court of Canada and our current Chief Justice. An independent judiciary is a cornerstone to any democratic nation. The role of the court is to be unbiased and act as arbiters and triers of fact on cases that come before [...]

May 8th, 2014|

Debate: Human Rights And Alberta’s Marriage Act

Despite the fact that same-sex marriage became legal across Canada in 2005, Alberta’s Marriage Act continues to explicitly define marriage as “a heterosexual union”, a definition added to Alberta’s legislation in 2000 during Ralph Klein’s reign as premier. Same-sex couples have been able to obtain marriage licenses since 2005, yet Alberta’s Marriage Act specifically excludes [...]

April 23rd, 2014|

Court Of Appeal Changes Summary Judgment Test

In what will no doubt be a seminal decision going forward the Alberta Court of Appeal (ABCA) has made it easier to obtain summary judgment in Alberta. Summary judgment is an avenue available to civil litigants to have a matter dealt with without having to have a full trial. Windsor v. Canadian Pacific Railway Ltd. [...]

April 4th, 2014|

Why You Wouldn’t Retain The Good Wife

If you are a fan of the hit CBS show The Good Wife, you are probably an even bigger fan of the show’s main character, lawyer Alicia Florrick (as I am). While Alicia is portrayed as an amazing and highly entertaining lawyer on TV, there are some very good reasons why it wouldn't be wise [...]

April 1st, 2014|

Legal Ramifications Of Flight MH370

The world watched anxiously as the search for Malaysia Air Flight MH370 ensued. It recently came to light in an announcement from the Malaysian government that the plane plunged into the Indian Ocean and, unfortunately, everyone on board had been tragically killed. However, questions surround the cause of this disastrous event lead to many legal [...]

March 28th, 2014|