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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

<p>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.</p>

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

<p>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.</p>

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

<p><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 <em><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></em> podcast. </p>
<p>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.</p>

Barbara Kimmitt on Matters Beyond Wealth

Darcy D. Moch KC

Tax Lawyer at Bennett Jones Calgary

Partner 

<p>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"><em>Chambers High Net Worth 2024</em> guide</a>.</p>

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

Mahnaz Jan Ali

Financial Services Lawyer at Bennett Jones Montréal

Andrée-Anne Tremblay

Articling Student at Bennett Jones in Montréal

Articling Student

<p>A recent Quebec Court of Appeal&rsquo;s decision in <em>S&eacute;questre de Bois BSL inc. /</em> <em>BSL Wood Products Inc.</em>, 2025 QCCA 993, builds on the Superior Court&rsquo;s ruling&nbsp;and revisits the dissenting opinion in <em>Maschinenfabrik Rieter AG</em> c. <em>Canadian Fidelity Mills Ltd.</em>, 2005 QCCA 1033. It clarifies the legal treatment of ownership claims in the context of receivership and the consequences of late registration of security under Quebec law.</p>
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Whose Tractor Is It Anyway Quebec Decision Clarifies Ownership Claims in Receivership

Whose Tractor Is It Anyway? Quebec Decision Clarifies Ownership Claims in Receivership

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

<span>On June 6, 2025, the federal government introduced Bill C-5, <em>An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act</em>, which proposes new legislation aimed at strengthening Canada's economy by removing interprovincial trade and labour mobility barriers and advancing major projects.</span>

Wind In The Sails of Canadian Energy Project Development

Wind In The Sails of Canadian Energy Project Development: Major Projects Office Open For Business, and Details of Fast-Tracked Projects Emerging

Robert W. Staley

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

Vice Chair and Partner

Cheryl M. Woodin

Commercial Litigation, Product Liability & Class Actions Lawyer at Bennett Jones Toronto

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In <em data-start="65" data-end="94">Sinclair v. Venezia Turismo</em>, 2025 SCC 27, the Supreme Court of Canada clarified that jurisdiction must be assessed for each defendant individually. A plaintiff cannot rely on one defendant&rsquo;s contract or weak connecting factors to extend jurisdiction to others. The decision strengthens the principles of corporate separateness in cross-border disputes.

The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross Border Disputes

Sinclair v. Venezia Turismo: The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross-Border Disputes

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

<span>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.</span>

AI Notetaking in the Boardroom

Lorelei Graham

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

<p style="text-align: left;">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?</p>
<p style="text-align: left;">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.</p>

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

Legal Education Society of Alberta Seminar, February 2014

From the Same Authors