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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

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

In the context of corporate debt, 'liability management' refers to a company taking steps to manage its existing debt obligations. This often involves a combination of one or more open market repurchases, redemptions/repayments, consent solicitations, tender offers or exchange offers and may involve other transactions. A repurchase of debt from a holder is one of the most straight-forward examples of liability management.

Liability Management in Canada

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Bishoy Attia

Articling Student at Bennett Jones in Toronto

Articling Student

Private investment in the defence sector is accelerating as governments realign policy priorities and expand support for dual-use and DefTech innovation. Canada&rsquo;s 2025 Budget and long-term spending commitments are reshaping the industry, driving new opportunities across AI, cyber, space, advanced manufacturing and critical infrastructure. With global capital flowing into defence technology and structural reforms underway to modernize procurement, the sector is rapidly transitioning from fragmented to fully investable.

Policy Dual Use and DefTech Drive a New Era for Private Capital in Defence

Policy, Dual-Use and DefTech Drive a New Era for Private Capital in Defence

Daron K. Naffin

Energy, Environmental/Regulatory and Expropriation Lawyer at Bennett Jones Calgary

Tim Myers

Regulatory, Environmental, Aboriginal and Expropriation Lawyer at Bennett Jones Calgary

Thomas Machell

Regulatory Lawyer at Bennett Jones Calgary

On November 4, 2025, the Alberta Energy Regulator released AERH2S, an updated version of its computer model for calculating Emergency Planning Zones (EPZs) for sour gas applications. AERH2S replaces the longstanding ERCBH2S model and is available for immediate use by industry. According to AER Bulletin 2025-34, the use of AERH2S will become mandatory for all applications filed under Directive 056: Energy Development Applications and Schedules, including amendment applications, starting January 1, 2026. The continued use of ERCBH2S is permitted for updates to existing EPZs (and any EPZs established before January 1, 2026) under Directive 071: Emergency Preparedness and Response until further notice.

Alberta Energy Regulator Releases New AERH2S Model for Sour Gas Operations

David Cassin

Employment Lawyer at Bennett Jones Toronto

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

In McPherson v Global Growth Assets Inc., the Ontario Superior Court interpreted the no-reprisal provisions of the Securities Act for the first time, awarding more than $5.3 million to a CEO who was terminated after raising compliance concerns. The decision underscores the strength of the Act&rsquo;s protections for employees who engage in protected activities and highlights the significant risk to employers of taking disciplinary action without clear, documented justification.

Ontario Securities Act No Reprisal Provisions Results in 53 Million Award to CEO

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Anna Lekach

Tax Lawyer at Bennett Jones Calgary

The November 2025 issue of Bennett Jones on Tax Disputes explores major developments in Canadian tax law, including new CRA guidance on the Voluntary Disclosures Program, court decisions on settlement confidentiality and costs, and proposed reforms to the Tax Court&rsquo;s informal procedure limits. The issue also features case summaries and insights from Bennett Jones&rsquo; tax litigators on emerging trends in tax dispute resolution.

Legal Education Society of Alberta - 44th Annual Lake Louise Refresher Course

From the Same Authors