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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 Kimmitt participated in a panel at the STEP Canada-USA 2024 Cross-Border Conference, discussing the advantages of using trusts in wealth planning for ultra-high-net-worth individuals.

Wealth Management for Ultra-High-Net-Worth Individuals Utilizing Trusts for Cross-Border Planning

Wealth Management for Ultra-High-Net-Worth Individuals: Utilizing Trusts for Cross-Border Planning

<a href="/sitecore/service/notfound.aspx?item=core%3a%7b0891AF87-144B-424B-A602-92F358B889E0%7d%40en">Barbara Kimmitt</a> recently was a guest on <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.rbcwealthmanagement.com/en-ca/" target="_blank">RBC Wealth Management</a>'s <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.rbcwealthmanagement.com/en-ca/podcasts/episode-51-how-does-a-living-trust-differ-from-a-trust-in-your-will?utm_medium=email&utm_source=rt-client-email&utm_campaign=matters-beyond-wealth&utm_content=hidden&utm_id=2de0d1f2936acdb8454fdea230b02b6c" target="_blank">Matters Beyond Wealth</a> podcast. 
This episode discussed common misconceptions surrounding trusts, including the belief that they are only relevant for the ultra-wealthy or minors. The episode also explored the unique benefits and considerations associated with lifetime trusts, emphasizing their role in a variety of estate planning strategies.

Barbara Kimmitt on Matters Beyond Wealth

Darcy D. Moch KC

Tax Lawyer at Bennett Jones Calgary

Partner 

Bennett Jones partners Barbara Kimmitt and Darcy Moch are ranked as leading lawyers in the area of Private Wealth Law in the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://chambers.com/legal-rankings/private-wealth-law-canada-21:2633:50:1" target="_blank">Chambers High Net Worth 2024 guide</a>.

Barbara Kimmett and Darcy Moch Once Again Recognized as Experts in Private Wealth Law

Barbara Kimmitt and Darcy Moch Once Again Recognized as Experts in Private Wealth Law

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

AI transcription tools offer efficiency and accuracy in the boardroom but create risks to confidentiality, privacy and legal privilege. Organizations should adopt clear policies, safeguards and training to ensure responsible use and compliance with governance standards.

AI Notetaking in the Boardroom

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

The United States Patent and Trademark Office's decision to cancel its Climate Change Mitigation pilot program for patents has not gone unnoticed in Canada. For Canadian policymakers and agri-tech innovators, this move by the United States raises two big questions: (1) How might this affect Canada&rsquo;s own intellectual property&nbsp; strategy for green tech, and (2) could it create opportunities for Canada (and others) to take the lead in certain climate-tech domains?
A particular area of interest is carbon-capture agri-tech, technologies that help farming not just reduce emissions but actively capture carbon (for instance, special crops or soil treatments that lock away carbon dioxide or farm machinery that traps greenhouse gases). These innovations are crucial for meeting climate goals and could become a competitive arena internationally.

Fast Tracks and Green Gaps Part IV

Fast Tracks and Green Gaps Part IV: Shifting Gears: How the United States' Exit from Climate Protection Fuels Canada's IP Advantage

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

Issues Relating to RRSP Beneficiary Designations

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