Barbara J. Stratton KC

Edmonton Managing Partner
Co-Head of Health Practice

T: 780.917.4255 / E: strattonb@bennettjones.com

Edmonton

Barbara Stratton supports clients navigating the complex aspects of wills and estates disputes, including acting as a mediator in this area. She also assists employers and employees with health-related employment law issues and regularly represents physicians and surgeons in administrative, litigation and health law matters.

Repeatedly recognized as a leading lawyer in the areas of medical malpractice and estate planning, clients turn to Barbara for strategic advice when faced with health law matters or wills and estates disputes. She is an expert litigator on professional negligence matters, accomplished mediator in the areas of wills and estates and family law, and a steadfast advocate for her clients. Consistently bringing her expertise to the forefront of conflict resolution, Barbara has been named one of Canada's leading lawyers in the areas of Healthcare, Medical Negligence, Professional Liability and Estate Planning.

What Clients Say

"The advice she has given has been excellent. She is a strategic thinker who can deal with complex issues and get great results."

In addition to maintaining a busy litigation and mediation practice, Barbara also serves as Managing Partner for Bennett Jones' Edmonton office. Her extensive court experience speaks volumes, having appeared before all levels of Court in Alberta and various administrative panels, public inquiries and professional regulatory bodies, including the College of Physicians and Surgeons of Alberta. Barbara's experience mediating wills and estates and family law disputes rounds out her practice, showcasing her ability to find meaningful resolutions for her clients both inside and outside of the courtroom. She is a proud alumna of the Mediation and Conflict Management Seminar with Harvard Law School, and is committed to continuous professional development to serve her clients better.

What Clients Say

"Barbara consistently supplies useable and reliable advice. She is aware of the client's political and operational constraints, offers credible advice, and will always brief decision makers, doing so in an understandable way."

Health Law

As co-head of Bennett Jones' health law practice, Barbara represents physicians and surgeons in civil litigation, hospital and College complaints. Recognized as a leading lawyer for medical negligence matters, she represents defendants and is a top choice for healthcare professionals requiring assistance to resolve health-related legal disputes.

Wills and Estate Litigation

Barbara not only assists families facing disputes over wills and estate-related matters, but also acts as a mediator to bring resolution to challenging situations. Her focus includes issues pertaining to personal directives, enduring powers of attorney and family maintenance or support claims. Through proactive advice and mitigation strategies, Barbara aims to reduce the risk of claims made against an estate. When disputes arise, she leans heavily into alternative dispute remedies, has a proven track record acting as a mediator and is able to help family members reach resolutions outside of the courtroom.

Employment Law, Privacy Law and Human Rights Breaches

Employers and employees alike rely on Barbara's strategic advice in health-related employment law matters, including terminations, privacy and human rights. Her experience includes representing employers in court and successfully defending claims made to the Human Rights Commission and Privacy Commission. She also assists employees on a variety of matters including job loss, human rights and privacy breaches, and settlement negotiations.

Mediation

Barbara Stratton is an experienced mediator in the areas of wills and estates disputes, family matters, and personal injury cases. She is known for her ability to facilitate effective communication and negotiation between parties, striving to reach mutually beneficial resolutions without the need for prolonged litigation. She employs a compassionate yet strategic approach to help parties find common ground and resolve their conflicts.

Speaking Engagements and Volunteer Organizations

Barbara is regarded as a thought leader in the Canadian legal community, frequently presenting to various groups on wills and estates disputes, mediation, health law, employment law, and civil litigation. She speaks regularly to physicians about medical-legal issues and addressed KB judges at the 2025 National Judicial Institute on the topic of medical issues in family law matters.

Select Experience

Holmes v Gibson, 2020 ABQB 322, a successful Court of Queen's Bench decision regarding a claim of negligence causing death.
Mawhinney v Scobie, 2019 ABCA 76, on August 8, 2019, leave to appeal to the Supreme Court of Canada was denied
JK v Gowrishankar, 2019 ABCA 316, successful Court of Appeal decision regarding a claim against the Respondents of wrongfully accessing health information and contravening the Health Information Act.

Recent Recognitions

Lexpert Special Edition—Canada's Leading Health Sciences Lawyers

Recognized as a leading Health Sciences lawyer
Chambers Canada

Ranked, Healthcare: Contentious
Canadian Legal Lexpert Directory

Consistently Recommended, Medical Negligence
Consistently Recommended, Professional Liability
Repeatedly Recommended, Estate & Personal Tax Planning
LexisNexis Martindale-Hubbell

BV Distinguished Peer Review Rating
Lexpert Special Edition on Litigation

Recognized as a leading litigation lawyer

Recent Insights, News & Events

Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
Embracing Edmonton's Evolution—We're Moving!
Announcements / April 08, 2024
To align with our ongoing commitment to outstanding client service, we are excited to announce the relocation of our Edmonton office to a vibrant new space in Stantec Tower as of Monday, April 8, 2024. We look forward to welcoming you to our new space!
Barbara Stratton Court of King's Bench of Alberta Education Seminar
Speaking Engagements / January 31, 2024
Barbara Stratton presented at the Court of King's Bench of Alberta Education Seminar, organized by the National Judicial Institute. The seminar’s objective is to raise awareness of current issues facing the court, and to help participants refine their skills and knowledge on a variety of topics.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
Practice Foundations: Wills
Speaking Engagements / March 09, 2023
Barbara Kimmitt and Barbara Stratton were featured panelists and presenters at the Legal Education Society of Alberta's seminar on March 9, 2023. This seminar included presentations on capacity, clauses and special family situations, featuring content and analysis from Beth Jonah.
IWD 2023: Workplaces Where Women Thrive
Updates / March 08, 2023
To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners—Melanie Aitken, Radha Curpen, Dominique Hussey, Pat Maguire and Barbara Stratton—are joined by moderator and Bennett Jones partner, Michelle Yung as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create an workplace where women can thrive.
Special Events: In Conversation—Workplaces Where Women Thrive
Podcast / March 08, 2023
To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners are joined by moderator and Bennett Jones partner, Michelle Yung, as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create a workplace where women can thrive.
Alberta Law Reform Commission on Obligations to Step-Children
Blog / March 10, 2022
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."
Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
Bennett Jones Nominated in 2021 Chambers Law Awards
Announcements / July 12, 2021
Bennett Jones is nominated in the following four categories in the 2021 Chambers Law Awards: Healthcare Law Firm of the Year, Real Estate Law Firm of the Year, Corporate Lawyer of the Year, Real Estate Lawyer of the Year.
22 Bennett Jones Lawyers in Lexpert's Special Edition on Health Sciences
Announcements / June 11, 2021
Twenty-two Bennett Jones lawyers are ranked in the 2021 Lexpert Special Edition on Health Sciences.
Managing Third Party Medical Requests
Speaking Engagements / April 21, 2021
Barbara Stratton, Q.C. and Amy Deprato present to a group of healthcare professionals on the obligations of healthcare professionals, insurers, employers and employees in medical disclosure obligations.
Doctor Assisted Suicide: The Next Step of the Journey
Blog / March 30, 2021
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.
40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation
Announcements / November 26, 2020
Forty Bennett Jones lawyers are ranked in the 2020 Lexpert Special Edition – Canada's Leading Litigation Lawyers. This annual feature profiles Lexpert-ranked lawyers in business-related litigation and appears in the December issue of the Globe and Mail’s Report on Business Magazine.
Balancing Privacy and Convenience in Electronic Healthcare Law Review
Articles / November 01, 2020
The increasing use of virtual healthcare platforms raises questions and concerns about the protection of personal health information and the application of privacy legislation. Specifically, what happens if a virtual healthcare platform or app experiences a data breach in Alberta? Who bears the responsibility for such a risk?
Bennett Jones is Recognized in Chambers Canada 2021
Announcements / September 10, 2020
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
Balancing Privacy and Convenience
Articles / August 15, 2020
Online healthcare service provider, Babylon Health developed an app that connects physicians and other healthcare professionals with patients through remote video or audio consultations. Babylon Health is one of many players in the growing global market of virtual healthcare, driven by the desire for change in the delivery of healthcare. Published in Risk Management in Canadian Health Care (Volume 22, Number 4).
Just Say "No": Acceptance of a Secret Trust in Bergler v Odenthal
Blog / June 30, 2020
In the June 2020 case of Bergler v. Odenthal, the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's niece. The secret trust also severed the joint tenancy of the defendant and the deceased in property they had purchased together, so that the property no longer passed to the surviving spouse by right of survivorship.
Balancing Privacy and Convenience: Medical Information and the Emergence of Virtual Medicine
Blog / June 24, 2020
Online healthcare service provider, Babylon Health developed an app that connects physicians and other healthcare professionals with patients through remote video or audio consultations. Babylon Health is one of many players in the growing global market of virtual healthcare, driven by the desire for change in the delivery of healthcare.
Health Care and Privacy in the COVID-19 Era
Blog / April 09, 2020
In the digital age, privacy is becoming a greater illusion. The COVID-19 outbreak is rapidly reinforcing that illusion of privacy. Although some rights to privacy and confidentiality regarding medical information have been relaxed in response to the COVID crisis, medical professionals must continue to take care to ensure these important rights are protected. This blog examines those obligations in light of the current pandemic.
Dealing with No-Contest Clauses
Articles / March 27, 2020
Barbara Stratton and Barbara Kimmitt are both quoted in James Dolan's article "Dealing with no-contest clauses" published in the March 2020 issue of Advisor’s Edge magazine.
Bennett Jones Celebrates International Women's Day 2020
Announcements / March 06, 2020
The women at Bennett Jones reflect on living fulfilling lives and having successful careers in our video honouring International Women's Day 2020.
Wills Drafting: When to Challenge
Articles / December 03, 2019
Barbara Stratton Q.C., Sarah Huot and Hong Feng authored "Wills Drafting: When to Challenge" for the Trust and Estates Law & Tax Journal, December 2019, No. 212.
Bennett Jones: Canada’s Leading Litigation Lawyers
Announcements / November 29, 2019
Thirty-five Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers.
Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
Barbara Stratton in Investment Executive: Alberta Court Upholds No-Contest Clause
In The News / April 05, 2019
Barbara Stratton comments in Investment Executive on the recent Alberta Court of Appeal decision in in Mawhinney v Scobie. The case included a “no-contest” clause and it may give lawyers greater confidence including the clause in a client’s will.
Barbara Stratton in The Lawyer’s Daily: New Clarity on Will Interpretation
In The News / March 07, 2019
Barbara Stratton comments in The Lawyer’s Daily on the Alberta Court of Appeal decision in Mawhinney v Scobie, a seminal decision in the drafting and interpretation of no-contest clauses. The Court allowed the appeal, argued by Barbara and Sarah Huot of Bennett Jones. The takeaway from this case is that while there may be scenarios where it is worthwhile for a beneficiary to challenge a will and risk activating a no-contest clause, that person gambles with losing their inheritance if the no-contest clause is properly drafted.
Bad for Business: How Employers Deal with Problem Employees
Blog / February 28, 2019
Troublesome employees can disrupt a workplace and subject employers to reputational and economic costs. A panel from the Bennett Jones Employment Services group recently shared their views on four [...]
Discouraging Family Fights from the Grave
Blog / February 27, 2019
If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything. A no-contest [...]
Bennett Jones—Lexpert’s Leading Canadian Litigation Lawyers
Announcements / November 29, 2018
27 Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in December’s Report on Business Magazine in the Globe and Mail.
Bill 21: An Act to Protect Patients Applies to 30 Health Regulatory Colleges in Alberta
Blog / November 27, 2018
On November 19, 2018, Bill 21: An Act to Protect Patients ("Bill 21") received Royal Assent. Bill 21 sets out several changes to the Health Professions Act, including amendments regarding the discipline [...]
Dying Wishes - Wills Estates and Trusts Lunch Seminar
Event / April 26, 2018
Please join us for a presentation by Barbara J. Stratton, Q.C. to discuss the impact of Medical Assistance in Dying on estate plans.
Dying Wishes - Wills Estates and Trusts Lunch Seminar
Speaking Engagements / April 26, 2018
Barbara J. Stratton, Q.C. presents a discussion on the impact of Medical Assistance in Dying on estate plans.
Bennett Jones Employment Seminar
Speaking Engagements / December 07, 2017
Michael Sestito, Laura Inglis, Sarah J. Huot, James J. Heelan, Matthew Riskin, and Barbara Stratton present at the Bennett Jones Employment Seminar on Changes to Alberta's Labour and Employment Law.
Staying the Course: Courts Will Not Hear Stayed Actions
Blog / November 20, 2017
In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue [...]
Lawyers' Opinions Matter When a Will Is Prepared
Blog / June 08, 2017
When a Will is challenged on the basis of allegations of undue influence, incapacity, or suspicious circumstances, the court will look at various factors to decide if the Will should be followed or declared [...]
A Deceased Can't Always Will What They Want
Blog / February 22, 2017
There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately [...]
Be Sure to Mind your Manners in Estate Litigation
Blog / February 08, 2017
Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts. The [...]
Don't Lose Your Day Job: Court Rules Against Moonlighting Employee
Blog / January 26, 2017
Can an employee keep his or her full-time job, while operating a personal business on the side (also known as moonlighting)? This issue was considered in Ross v IBM Canada Limited, 2015 ABQB 563 [Ross], [...]
Reliance on the Employment Contract–AKA "But It's Not Fair"
Blog / January 26, 2017
Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute. There has been a general judicial [...]
Pediatric Grand Rounds
Speaking Engagements / September 08, 2016
Barbara J. Stratton, Q.C., and Odessa O'Dell present on Medical Documentation: Legal Pitfalls and Lessons.
Top Wills and Estates Law Cases - Costs
Articles / February 05, 2016
This paper, prepared for the Legal Education Society of Alberta, includes an overview of the current state of the law in Alberta as it pertains to costs in estate litigation. This overview is broken into the following sections: (i) costs in Alberta estate litigation, generally, (ii) when an estate is required to pay costs; (iii) when an unsuccessful litigant is required to pay costs; and (iv) when a personal representative is required to pay costs. The remainder of the paper will contain summaries of those cases which helped to outline the current state of the law, as well as examples of courts applying the law and how those applications might be applicable to a wills and estates litigation practice.
Barbara Stratton Provides Expert Advice on CBC News
In The News / November 04, 2014
Barbara Stratton was asked by CBC News to provide expert advice for CBC radio and television on the issue of penalties imposed with the early termination of contracts upon death. The radio interview is available on the CBC website: Energy Bills Keep Coming Long After Death of Charlie St. Germain.
CBC Marketplace: Travel Tips: Advice For the Aspiring Adventurer
In The News / March 06, 2014
Barbara Stratton was asked by CBC Marketplace to provide expert advice regarding adventure sports and the importance of reading the waiver you are asked to sign.
LESA Seminar – Calgary - 2014
Speaking Engagements / February 24, 2014
For the Legal Education Society of Alberta, Barbara J. Stratton, Q.C. chairs the seminar "Estate Litigation".
LESA Seminar – Edmonton
Speaking Engagements / February 20, 2014
For the Legal Education Society of Alberta, Barbara J. Stratton, Q.C. chairs the seminar "Estate Litigation".
Inappropriate E-mail Use by Employees can Constitute Cause for Dismissal (Labour Notes)
Articles / February 03, 2014
Increased usage and reliance on the Internet creates new challenges for both employees and an employer's human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at work. The case law reveals certain trends which can be used as guidance when navigating the issues surrounding Internet use in the workplace. Published in the February 3, 2014, edition (Number 1491) of Labour Notes by Wolters Kluwer CCH.
Inappropriate E-mail Use by Employees can Constitute Cause for Dismissal (Ultimate HR Manual)
Articles / January 06, 2014
Increased usage and reliance on the Internet creates new challenges for both employees and an employer's human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at work. The case law reveals certain trends which can be used as guidance when navigating the issues surrounding Internet use in the workplace. Published in the January 2014 edition (Number 79) of Ultimate HR Manual - Western Edition by Wolters Kluwer CCH.
Inappropriate E-mail Use by Employees Can Constitute Cause for Dismissal
Blog / December 23, 2013
Increased usage and reliance on the Internet creates new challenges for both employees and an employer's human resources department. In certain circumstances, employees can be fired for engaging in inappropriate [...]
Employment Seminar – September 2013
Speaking Engagements / September 25, 2013
Barbara Stratton presents "Terminate, Hibernate or Investigate – How to deal with Employee Performance Issues" (co-authored by Sarah J. Becker and Barbara J. Stratton, Q.C.).
Barbara Stratton Discusses Privacy and Biometric Attendance Systems
In The News / July 11, 2013
In Heather Gardiner's Canadian Lawyer article, "Employers Warned About Privacy Safeguards for Biometric Attendance Systems," Barbara Stratton discusses how these systems are subject to Canada's privacy legislation and in which situations they may suit business needs.
Employers Must Follow Privacy Protocols When Implementing Biometric Attendance Systems
Blog / July 08, 2013
In response to concerns about employee attendance and building security, some employers have chosen to implement biometric attendance systems in the workplace. These systems allow an employer to monitor [...]
LESA Seminar – Calgary
Speaking Engagements / March 12, 2013
For the Legal Education Society of Alberta, Barbara J. Stratton, Q.C. presents "The Road to Court is Paved with Good Intentions… How to Draft with Intention" (co-authored by Sarah Becker, Heather Goetz and Barbara J. Stratton, Q.C).
LESA Seminar – Edmonton
Speaking Engagements / March 05, 2013
For the Legal Education Society of Alberta, Barbara J. Stratton, Q.C. presents "The Road to Court is Paved with Good Intentions… How to Draft with Intention" (co-authored by Sarah Becker, Heather Goetz and Barbara J. Stratton, Q.C).
Estate Planning Council Seminar – 2013
Speaking Engagements / January 16, 2013
Barbara J. Stratton, Q.C. presents "Drafting Blunders – To Err is Human, To Litigate is Divine…" (co-authored by Sarah Becker, Heather Goetz and Barbara J. Stratton, Q.C.).
The Society of Trust and Estate Practitioners – 2012
Speaking Engagements / October 18, 2012
Barbara J. Stratton, Q.C. presents a paper co-authored by Heather Goetz, Sarah Becker and Barbara J. Stratton, Q.C.
CBA - Wills & Estate Seminar – 2012
Speaking Engagements / September 11, 2012
Barbara J. Stratton, Q.C. presents "Case Study: Koma v. Tomich Estate," co-authored by Heather Goetz and Barbara J. Stratton, Q.C.
Bennett Jones Lawyers Honoured with Queen's Counsel Appointments
In The News / December 30, 2011
Phil Backman, Don Greenfield, and Barbara Stratton have been honoured for their contributions to the legal profession and their communities by being appointed Queen's Counsel by Alberta's Lieutenant Governor in Council.
LESA Rules of Court Interpreted Seminar 2011
Speaking Engagements / November 01, 2011
Presentation: "How Are We Managing? Managing Litigation Under the New Rules of Court "; co-authored by Laura Inglis Chubb, Laurie Goldbach and Barbara Stratton for the 2011 LESA Rules of Court Interpreted Seminar.
Lorman Employment Law Seminar 2009
Speaking Engagements / April 01, 2009
Presentation: "Just Cause: AKA How to Fire Employees and Get Away With It"; co-authored by Laura Inglis Chubb and Barbara Stratton for the 2009 Lorman Employment Law Seminar.
Signing Your Life Away... the impact of a waiver on your ability to sue
Updates / August 27, 2004
Published in the August/September 2004 edition of LawNow.
So You Think You're Going to be a Millionaire... (and other fairy tales)
Updates / April 29, 2001
Published in the April/May 2001 edition of LawNow.