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Barbara J. Kimmitt KC

Will, Power of Attorney, Personal Directive, Trust and Dependent Adult Lawyer and Mediator at Bennett Jones Calgary

Partner

Katherine Klein

Private Wealth & Estates Lawyer at Bennett Jones Calgary

Associate

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney, and personal directives, eliminating previous time restrictions. While initially introduced as a temporary measure during COVID to accommodate distancing and travel restrictions for medical reasons, remote execution of these documents is now permanently permitted. In other words, wills, powers of attorney, and personal directives may now be signed remotely for any reason, without medical justification. The legislation does not include any provisions respecting the use of electronic or digital signatures in the creation of testamentary and incapacity planning documents.

Alberta Permanently Adopts Remote Signing for Wills Powers of Attorney and Personal Directives

Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Barbara J. Stratton KC

Estate (Wills) Lawsuits, Employment, Privacy and Medical Malpractice Defence Lawyer and Mediator at Bennett Jones Edmonton

Edmonton Managing Partner

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta legislation should be changed to give rights to step-children against a deceased step-parent's estate. If the Alberta government adopts ALRI's recommendations, this would mean a significant change to the province's succession law.
Currently, lawyers can safely advise clients that step-children do not have a claim against their step-parent's estate. The report's recommendations would change that. The Wills & Succession Act of Alberta (WSA) is a consolidation of most of Alberta's laws that relate to what happens when a person dies. It includes provisions around what is required for a valid Will, what happens if a person dies without a Will (i.e. the intestacy provisions) and importantly, who may make a claim for support if the deceased person's Will, or the intestacy provisions, do not make "adequate provision for the proper maintenance and support" of a family member. These claims are commonly referred to as "family maintenance and support claims," or "FMS."

Alberta Law Reform Commission on Obligations to Step Children

Alberta Law Reform Commission on Obligations to Step-Children

Recent changes to the "Medical Assistance in Dying" (MAID) provisions in the Criminal Code, allow medical or nurse practitioners in Canada to provide MAID to patients who request assistance in dying, who later lose the capacity to consent at the time MAID is administered. As well, it is no longer a prerequisite to MAID that death be "reasonably foreseeable". However, the law-makers remain undecided about how to treat mental illness in the context of MAID, and have essentially declined to make it available for Canadians diagnosed with dementia.

Doctor Assisted Suicide the Next Step of the Journey

Doctor Assisted Suicide: The Next Step of the Journey

A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of the drafting solicitor's notes. This case reaffirms the importance of specific protocols that a solicitor should follow when drafting and executing a will, and in particular emphasizes the importance of keeping good file notes.

Logan Estate An Example of Best Practices in Will Drafting

Logan Estate: An Example of Best Practices in Will Drafting

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

The BC Court of Appeal&rsquo;s decision in Syngenta AG v. Van Wijngaarden reaffirms that the rules of evidence are not relaxed at certification. The Court held that plaintiffs must rely on properly admissible, authenticated evidence and cannot use broad hearsay or unsourced documents to meet the &ldquo;some basis in fact&rdquo; standard.

BC Court of Appeal The Rules of Evidence Are Not Relaxed at Certification

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification 

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

Partner 

Patrick T. Maguire KC

Leading Canadian and International Energy and Commercial Transaction Lawyer at Bennett Jones Calgary

Vice Chair and Partner

Hon. John R. Baird P.C.

Senior Advisor at Bennett Jones, Former Canadian Foreign Minister

Senior Business Advisor

The 10th annual National Energy Roundtable brought industry leaders, policymakers and innovators together to discuss how Canada can strengthen its global energy competitiveness. Key themes included reducing regulatory uncertainty to accelerate major projects, leveraging LNG to enhance economic prosperity, and positioning Canada&rsquo;s energy resources as strategic assets in an uncertain geopolitical landscape. Bennett Jones partners moderated panels exploring these opportunities and shared insights on how Canada can execute a winning strategy for long-term energy leadership.

Making Canadas Energy Sector More Competitive

Making Canada's Energy Sector More Competitive: Key Takeaways From the National Energy Roundtable

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

John Lawless

Private Equity, M&A, Corporate and Securities Lawyer at Bennett Jones Calgary

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a public company must disclose information to the market. The decision will have broad implications for public companies, their directors, officers, shareholders and other market participants.

Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for Material Changes

Shifting Grounds: Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for "Material Changes"

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

Ali J. Naushahi

Securities, Corporate Finance, Mergers and Acquisitions and Mining Lawyer at Bennett Jones Toronto

The CSA&rsquo;s new online consultation tool offers a more efficient way for stakeholders to provide input on proposed securities regulations. Users can submit feedback via a guided form or upload a comment letter, ensuring a centralized and simplified process.

CSA Launches New Tool for Public Consultations

The CSA has released proposed amendments to NI 52-112 to align disclosure requirements with IFRS 18. The changes would update the definition of non-GAAP financial measures to include management-defined performance measures, introduce prominence requirements for additional subtotals disclosed outside financial statements, and allow certain information to be incorporated by reference. Comments are invited until February 11, 2026.

CSA Requests Comments on Proposed Amendments

CSA Requests Comments on Proposed Amendments to Non-GAAP and Other Financial Measures Disclosure Requirements

United Way of Calgary and Area

Authors


Bennett Jones Speaking Engagement United Way of Calgary and Area April 28, 2015 Authors Barbara J. Kimmitt KCPartner Barbara Kimmitt presents “What's New in the World of Estate Planning and Charitable Giving” to the United Way of Calgary and Area. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Peter Zvanitajs at ZvanitajsP@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Barbara J. Kimmitt KC, Partner Calgary • 403.298.3665 • kimmittb@bennettjones.com