Common Pitfalls to Avoid During Family Law Proceedings

Working through a family law matter can be challenging and emotional. It may be beneficial to familiarize yourself with the errors that commonly occur when one undergoes family law legal proceedings.

At Verhaeghe Law Office, our Edmonton family lawyers are aware of these pitfalls and work with you to avoid them. We offer a personalized, unique approach to each client and can assist with a wide range of family law matters. Contact us today to discuss your situation.

Getting Advice Too Late

Perhaps one of the most commonly made errors is to not seek legal counsel as soon as possible. Sometimes people undergo a family law legal matter without a lawyer at all, which may cause them problems down the road. Or, they do not adhere to their lawyer’s advice.

Knowledge is power - to ensure that the decisions you make have your family’s best interests at heart and are aligned with your legal rights and obligations, you may want to retain a family lawyer early on in your process. Lawyers can help you navigate all types of legal complexities, from procuring and adhering to document agreements, to meeting court deadlines, and beyond.

Forgetting to Consider Costs

Many family law matters, especially divorce and separation, often result in significant financial implications. You may prepare yourself for this by fully assessing your financial situation. Consider all potential outcomes and how they might impact your financial standing, such as paying spousal support, tax consequences, and the division of assets.

At Verhaeghe Law, we consult with financial professionals and take the time to thoroughly weigh the costs and benefits of financial decisions. A family lawyer may be able to help with this process and protect your interests.

Separating Emotions from the Legal Process

It may be difficult to separate your emotions from a legal process that is quite literally about a personal situation. Even though family law matters may evoke strong emotions, you may want to avoid making decisions solely based on your emotions. This could lead to less favourable outcomes.

Instead, it may be helpful to stay level-headed like we mentioned in our earlier blog post on tips to reduce stress when undergoing a divorce and keep personal emotions separate from legal and financial happenings. If children are involved, you may want to prioritize their interests and wellbeing and steer them away from negative situations.

Not Being Realistic and Flexible

Sometimes, people enter a family law proceeding with unrealistic expectations. Instead, you may want to acknowledge what is likely to happen and let go of your presumptions. To help you do so, you may want to familiarize yourself with what is expected of you throughout the legal process like our earlier blog post on how to prepare for your first consultation with a divorce lawyer. Know your rights, accept legal advice, and be flexible and ready for change.

Contact our Edmonton Family Lawyers Today

Family law matters can be life-altering and because of this, they are filled with legal intricacies. By familiarizing yourself with some of the most common mistakes that are made when undergoing a family law procedure, you may be able to avoid them.

In any case, our Edmonton family lawyers at Verhaeghe Law Office may be able to assist you with matters such as divorce, separation, child custody, adoption, guardianship, and more. To speak to a family lawyer about your next steps and what you can do to help yourself, contact us today.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

Understanding Your Rights: Canadian Criminal Law

The foundation of the Canadian Criminal Justice System is set on many important principles. These include the presumption of innocence, equality before the law, the independence of a judiciary, and more. A system that is designed to keep our society structured and safe, it upholds the rights of every individual.

At Verhaeghe Law Office, our Edmonton criminal lawyers may be able to help you or your loved one if you are in need of legal assistance from a criminal lawyer. Contact us today to schedule a consultation.

An Overview of the Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms outlines your rights as well as the limitations of police powers. Some major rights include:

The right to remain silent and not give evidence against yourself;
The right to not be unreasonably searched or have your property seized;
The right not to testify at your own trial;
The right to privacy;
The right to be presumed innocent until proven guilty beyond a reasonable doubt;
The right to be protected against cruel and unusual punishment;
And more.

The Charter outlines the rights and interactions between the justice system and individuals. This includes protection against unreasonable laws, arrest rights, and your rights in court.

If You Are Arrested

You have the right to be told that you are being arrested and why. An officer may also read other rights to you, such as the right to speak to a lawyer. In addition, the police may tell you that anything you say may be used as evidence, and you have nothing to gain or lose by remaining silent. You also have the right to not be arbitrarily arrested.

If a police officer is speaking to you and you wish to terminate the conversation, you may simply ask if you are free to go. If you have been arrested, we recommend legal assistance immediately from a criminal lawyer.

Being Detained or Interrogated

If you are being detained by a police officer, you have a right to know why. In order to detain you, an officer must have reasonable grounds to suspect you are somehow connected to a crime.

Moreover, if you are being interrogated, it is important to remember that you have the right to remain silent and do not have to give police any statements (subject to certain exceptions). You must exercise your right to speak to a lawyer and ask to call a criminal lawyer as soon as possible.

Your rights differ when driving a vehicle. An officer may stop you on a road without an initial specific reason, so as to check for sobriety, fitness of the vehicle, proper licensing, or registration. When stopped, you must provide your name and address. That being said, police cannot search your vehicle at random. You can deny their request to search your car.

It may be useful to review all your legal rights under the charter so you are prepared to interact with any level of law enforcement or the justice system.

Reach out to Our Criminal Lawyers Today

The Canadian Criminal Justice System works to maintain peace and structure within our society. Should you ever interact with it in any capacity, it may prove useful to know your legal rights.

If you or a loved one has found themselves involved in a criminal charge in Alberta, contact our Edmonton criminal lawyers at Verhaeghe Law Office to schedule a consultation and go over your next steps.

** Please note, this article is intended as a general overview on the subject of criminal law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta criminal lawyer.

The Role of Medical Evidence in Your Personal Injury Case

You may consider filing a personal injury claim if you or a loved one has been injured in an accident that may have been caused by someone else’s negligence or carelessness. These claims may help you cover costs that include medical care, future lost wages, and more.

Medical evidence may play an incredibly important role in your personal injury case. It can greatly impact your claim’s success and the compensation you may receive. At Verhaeghe Law Office, our Edmonton personal injury lawyers may be able to walk you through the process of obtaining and utilizing medical evidence to support your case. Contact us today to go over the details of your situation.

What is Considered Medical Evidence?

Medical evidence could include a wide range of documents and information that are compiled together in order to provide accurate details about the injury. Accumulated medical evidence that may be used to support your personal injury claim could include:

Expert reports from specialists who have assessed you;
A statement from doctors who are most familiar with your medical situation;
Medical imaging such as MRIs, CT scans, and X-rays;
Results from laboratory tests, blood work, biopsies, and other medical tests;
Treatment records from all hospitals and medical professionals involved in your situation;
Photos of injuries and accident reports;
Medical bills and receipts;
Expert medical testimony;
Pain journals and functional capacity evaluations;
And more.

It is important to accumulate as much objective and detailed medical evidence as possible and this is something your treatment providers and personal injury lawyers can help with.

Determining Your Payout

One of the most important roles medical evidence may play in your personal injury claim is that it helps determine the causal link between the accident or incident and your injuries. Assembled evidence is also used to assess the extent of what you have suffered as a result of your injuries. Thus, medical evidence plays a major part in determining how much you are owed. The decided amount will reflect all your expenses - such as your immediate and future medical costs, as well as lost wages or earning capacity, pain and suffering, and other losses.

Contact our Personal Injury Lawyers Today to Schedule a Consultation

Having medical evidence to support your personal injury claim is incredibly important. From the moment the accident occurs and through every step of treatment, you may help yourself by collecting as much information as possible. That way, you will have already begun collecting medical evidence should you need to file a claim.

At Verhaeghe Law Office, our Edmonton personal injury lawyers can speak with you during a free consultation to go over the details of your case. Contact us today to book a free consultation.

** Please note, this article is intended as a general overview on the subject of personal injury law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta personal injury lawyer.

The Impact of Alberta’s Family Law Act on Separating Couples in Alberta

The termination of a relationship can be an emotional and complex situation. When two people separate in Alberta, several key laws that govern family matters come into play. The most significant one is the Family Law Act, which helps couples navigate disputes over support issues, guardianship decisions, and more.

At Verhaeghe Law, our Alberta family lawyers have decades of experience in all areas pertaining to family law. From the division of assets to child custody, we offer tailored legal solutions, in-depth case consultations, and a team that is committed to serving your best interests.

Defining Separation and Separation Agreements

In Alberta, a married couple may have decided to separate, which is often considered the step preceding a divorce. When not married, a couple is considered to be in an adult interdependent partnership (AIP). Often referred to as "common law", an AIP is established if they have lived together for at least three years, have a child together, or have entered into an adult interdependent partner agreement. AIPs may terminate the relationship by written agreement or by living apart for one year.

For both AIPs and married couples, when the two parties start living apart from one another, they are considered separated. There are also instances where couples are considered separated even if they live under the same roof. When couples temporarily reconcile their relationship or are separated but still live together, defining an ongoing separation may become complicated. In these particular situations, it may be useful to file a separation agreement.

A legally-binding document, separation agreements may provide a clear outline of how the two parties intend to divide property, debts, and assets. It may also lay out plans for child and spousal support, and other child-related decisions and responsibilities.

Contactl our offices to have a Verhaeghe Law family lawyer review your separation options and help you make the next step.

Child Support after Separation

Under the Family Law Act, regulations surrounding child support during a separation include the guardianship of children and establishing parentage. It also addresses a child's contact with a non-parent or non-guardian, and spousal/partner and child support obligations for previous spouses/partners who are not seeking a divorce or were never married. The Alberta Child Support Guidelines provides specific details about child support obligations of non-married parents.

You may qualify for child support if you have care and control over a child, even if you are not the parent. Child support amounts are decided based on the income levels of both parents and the child's needs. Parenting agreements may also be taken into account, as well as additional expenses such as a child's extracurricular activities or health care requirements.

Both parents are expected to financially contribute to the best of their ability. If you are experiencing an ongoing separation and have inquiries about child support in Alberta, it is recommended to consult with a family lawyer.

Spousal Support after Separation

Unlike the mandatory nature of child support, spousal support guidelines during a separation are advisory, meaning there is flexibility in how support is calculated and determined. Some factors include:

Length of the marriage or relationship: The marital/relationship duration may increase the probability of spousal support being granted, especially if one partner has been financially reliant on the other.
Financial need: Both spouses' financial circumstances will be examined, encompassing their income, assets, and capacity for earning. If one spouse requires financial assistance and the other has the means to provide, spousal support might be allotted.
Standard of living during the marriage/AIP: Maintaining a lifestyle similar to what it was during the marriage might be considered, particularly if one spouse significantly contributed to the household but may suffer financially post-separation.
Childcare responsibilities: If one spouse serves as the primary caregiver and cannot work full-time due to childcare duties, this could impact the decision regarding spousal support.
Age and health of the spouses: The age and health of both partners may be considered if it affects their capability to work and support themselves financially.
Agreements between spouses: Couples can also come to spousal support agreements through direct negotiation or mediated settlements, subject to court approval.

It is important to note that spousal support may be temporary or long-term, based on the specifics of each case and the needs of the separating couple. Spousal support is determined under the Family Law Act if the parties are applying after living in an adult interdependent relationship, or if the parties were married and are now undergoing separation, but have not yet commenced divorce proceedings.

Parenting and Custody

Under the Family Law Act, the term "parenting" is used instead of "custody" to describe the plan created by separated parents that will outline how decisions will be made for shared children. It also outlines how the parents' time with the child will be split.

Similar to custody options under the federal Divorce Act, parenting arrangements may take many different forms. Children may see an equal 50-50 split of their time between parents. In these shared situations, major decisions tend to be made together by both parents and responsibilities tend to be split evenly.

In the case of two or more children, one child may live mostly with one parent while the other child lives mainly with the other. In these situations, parents may still have split responsibilities.

Sometimes, the agreed parenting arrangement may dictate that the child live with one parent only, meaning that parent has the right to make all major decisions. The other parent may still have access to the child on a less frequent basis.

These plans may alter as children grow and their needs change. Alberta's Family Law Act addresses all areas of parenting agreements between couples who were never married or are married and not yet seeking a divorce. Contact our legal team to learn more about your parenting rights.

Alternative Dispute Resolution and Other Areas

Another noteworthy section of the Family Law Act as it pertains to separation is its emphasis on alternative dispute resolution. The act advocates for mediation and other alternative dispute resolution methods to facilitate separating couples in reaching agreements concerning their separation, particularly surrounding support and parenting arrangements. These processes are in place so that court can be avoided unless absolutely necessary.

The act also addresses protection orders in instances of family violence. These may involve restraining orders aimed at keeping an abusive partner away from the threatened partners and any children.

Plus, Family Court Assistance provides many educational seminars regarding family law matters, including:

Contact Our Legal Team For a Consultation

The end of a relationship can take an emotional toll on all parties involved. If you are undergoing a separation and are uncertain about spousal or child support obligations in Alberta, it is advisable to seek legal counsel from a family lawyer who can offer expert guidance. We aim to work with clients to reach a satisfactory resolution in a timely manner. Contact us today to schedule an initial consultation and learn more about separation and other family law matters.

Trusts in Edmonton Estate Planning: What They Are, And How They Might Benefit You

To protect the life you have worked hard to build, it is essential to create a comprehensive estate plan. By doing so, you ensure the preservation of your estate for your chosen beneficiaries and get to personally decide how assets will be distributed.

There are estate planning options that may be useful to consider. For example, a Trust may be set up between two parties with interconnected responsibilities and rights. They are then carried out through the chosen trustee at a determined time.

It is important to get advice about the most effective tax strategies and cost-efficient methods for estate planning. Our experienced family lawyers at Verhaeghe Law may be able to help you navigate through the complexities of estate planning, answer questions about trusts, and build the best plan for you.

What is a Trust?

A trust is a legal arrangement and estate planning tool that is used to manage your organizational or personal assets and distribute them to selected beneficiaries. With or without a will, the transfer of assets would happen through a trust. Depending on the type of trust you have put in place, the tax implications for your assets may vary.

While the concept of a trust is fairly straightforward, creating a strategic trust may be complex. For example, without a will, asset distribution may be more complicated. In such cases, a different type of trust may be selected.

Created when you assign ownership of your assets to a trustee, trusts leave a set of instructions that detail how you would like assets to be distributed and managed amongst beneficiaries. They may be written to take effect solely upon your death, or at a specific time while you are alive.

Benefits of a Trust

Establishing a trust in Alberta offers numerous advantages. By creating a trust, individuals gain the ability to safeguard and oversee their assets. Plus, this arrangement grants control over the timing of distributions, which can be a useful management strategy. Moreover, trusts may afford you privacy regarding asset values, offer tax exemptions and savings, support charitable causes, and more. Furthermore, initiating a trust may override mandatory succession rules and reduce the potential for future estate disputes and litigation.

Under the Trustee Act, Albertans are able to create and handle trusts in an efficient manner with a lesser need to go to court. With reduced administrative duties for beneficiaries and a clear outline of trustees' duties, this estate planning can be completed with the help of a family lawyer. Reach out to our experts at Verhaeghe Law who may be able to develop a unique estate plan catered to your specific needs.

Testamentary Trusts

There are two primary trust types in Alberta. The first is known as a testamentary trust, which is established within your will and becomes active upon your passing. Assets associated with a testamentary trust are considered to be part of your estate, therefore the payment of applicable estate fees or taxes may occur. You retain the ability to modify your will by drafting a new one version at any point.

In Alberta, the conditions of a testamentary trust are set by the will or through a court decree. Should the beneficiaries outlined in the will not receive their rightful portion as specified by the deceased, the testamentary trust might transform into an inter vivos trust.

Inter Vivos Trusts

Any trust that is not classified as testamentary falls under the category of an inter vivos trust or a living trust. With a living trust, ownership may shift to the beneficiaries upon creation. Additional properties can be incorporated into the trust at any juncture. As this transfer of ownership occurs while you are alive, the assets within the trust do not constitute part of your estate and are not subject to probate. An Edmonton wills and estate lawyer may be able to help you decide which type of trust is ideal for you.

The Government of Canada recognizes various non-testamentary trusts, each serving specific purposes. They include:

Alter ego trust
Communal organization
Deemed resident trust
Employee benefit plan
Employee life and health trust (ELHT)
Employee trust
Environment Quality Act trust
Graduated rate estate (GRE)
Health and welfare trust (HWT)
Hepatitis C trust and Indian residential school trust
Insurance segregated fund trust
Joint spousal or common-law partner trust
Lifetime benefit trust
Master trust
Mutual fund trust
Non-profit organization
Nuclear Fuel Waste Act trust
Personal trust
Pooled registered pension plans (PRPP)
Qualified disability trust (QDT)
Qualifying environmental trust (QET)
Real estate investment trust (REIT)
Registered disability savings plan (RDSP) trust
Registered education savings plan (RESP) trusts
Registered retirement income fund (RRIF) trust
Registered retirement savings plan (RRSP) trust
Retirement compensation arrangement (RCA)
Salary deferral arrangement (SDA)
Specified investment flow-through (SIFT) trust
Specified trust
Spousal or common-law partner trust
Tax-free savings account (TFSA) trust
Unit trust

Inter vivos trusts offer significant tax advantages, including the ability to income split and the reduction of executor's fees and probate taxes. Along with lowering estate fees and upon-death taxes, they may also simplify the transfer of wealth between family members.

The Role of the Trustee

A trustee may be responsible for actively handling investment decisions within the estate or simply holding the funds for an allotted time. Therefore, it is just as important to carefully select a capable trustee as well as a beneficiary.

In family situations, a trustee may take care of a trust until a particular date. For example, if the beneficiaries in a testamentary trust are children, the trustee may be responsible for the estate until they reach adulthood. Then, the trust would be passed onto the beneficiaries, which may be completed through a predetermined schedule of distribution.

For most, a trust may be a singular part of a broader estate plan when creating a will. While it is not mandatory to seek legal advice to set up a living or testamentary trust, it is highly recommended to ensure everything is completed in accordance with your preferences and to avoid costly legal errors.

Call Or Email Our Edmonton Wills and Estates Lawyers Today to Schedule a Consultation

No matter the size of your accumulated wealth, estate planning is the key to handling the distribution of your assets like insurance, stocks, savings, properties, shares, bonds, businesses, disability benefits, and more. Depending on your given circumstances, a trust may be a useful mechanism when making your arrangements.

Our Edmonton family lawyers at Verhaeghe Law recognize the potentially stressful nature of estate planning. We aim to address each case with care and diligence and work in unison with our clients to adhere to their particular needs.

Contact our Edmonton wills and estates lawyers to learn more about the benefits of trusts, get answers to other estate planning questions, and discover how we might be able to assist you.

** Please note, this article is intended as a general overview on the subject of estate law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Edmonton wills and estates lawyer.

Considerations for an Adult Interdependent Partnership Agreement in Edmonton

In Alberta, many people are in committed partnerships and relationships outside of marriage. Adult interdependent relationships may occur when two people live together in a relationship of interdependence. In the past few years, the Alberta government has made amendments to their adult interdependent relationships section, specifically pertaining to partnership agreements.

To navigate these changes, it may be useful to seek legal counsel. Lawyers at Verhaeghe Law provide residents of Edmonton, Athabasca, and Whitecourt with legal assistance in many areas including family law. They approach each client with detail-oriented care, adhere to your particular needs, and work to ensure you have the required support to make informed decisions.

To schedule a first consultation, contact us today to learn how our Edmonton family lawyers might be able to help you understand your adult interdependent partnership.

Defining Adult Interdependent Partnerships

As defined under the province's Adult Interdependent Relationships Act, adult interdependent partnerships (AIPs) are made up of two people who are living together in a state of interdependence:

For at least three continuous years
In some permanence (for at least three years) if they share a child, or
Those who have entered an adult interdependent partner agreement

A relationship of interdependence is between two people who are unmarried that still share a life together, are emotionally committed to each other, and operate as a domestic and economic unit.

The Adult Interdependent Relationships Act sets out factors to consider when analyzing the economic and domestic function of two people. These include the exclusivity of their relationship, support and care of children, property ownership, the degree of financial dependence between them, and more.

Types of Adult Interdependent Relationships

Having replaced the term "common-law partnerships" in Alberta legislation, there are now a wide range of committed partnership types that fall under the interdependent relationship umbrella. They may include:

Two people in a romantic, marriage-like relationship
Two people in a non-romantic partnership
Two family members

In 2020, the Alberta government amended the Matrimonial Property Act to include adult interdependent relationships as well as married spouses, renaming it the Family Property Act.

To be considered adult interdependent partners, two people who are related to one another (by blood or adoption) must sign an adult interdependent partner agreement (AIPA).

Entering an AIPA

An adult interdependent partner agreement may be used by two people who are living together or plan to live together in an interdependent relationship. A document that legally recognizes the status of their partnership, the form is provided by the Adult Interdependent Partner Agreement Regulation.

The agreement may entitle parties to benefits and protections, including health insurance coverage and pension benefits. It may also make them eligible for spousal support and/or division of property and assets should the relationship end.

The agreement calls for a specific format that must include certain information, and may need to meet circumstantial requirements at the time of signing in order to be valid. Plus, entering an agreement may affect both parties' obligations and rights.

When considering the specificity of drafting, signing, and adhering to an AIPA, it may be beneficial to get legal assistance. Lawyers may also be able to answer any questions about entering an agreement or review an existing one.

Our family lawyers at Verhaeghe Law may be able to include all necessary provisions so that both parties feel represented and heard. This may include outlining financial arrangements, property rights, and other responsibilities. Contact us today to schedule a consultation and take the next steps.

Knowing Your Rights as an AIP

Adult interdependent partners are entitled to similar rights and responsibilities as married couples, irrespective of whether they have a formal adult interdependent partnership agreement or whether their relationship is romantic or platonic.

AIPs can expect:

Eligibility for partner support or an obligation to provide it under Alberta's Family Law Act if the relationship ends.
The ability to seek support and maintenance from a partner's estate under the Wills and Successions Act, especially if the partner dies without a will or inadequately provides for the other partner in their will.
Property division as per the guidelines established in the Family Property Act, (if the relationship concludes after January 1, 2020).
Entitlement to partner benefits under various legislations such as the Workers Compensation Act, the Victims of Crime Act, and the Assured Income for the Severely Handicapped Act.
The option to insure an AIP's life and receive insurance benefits.

Similar to married couples, AIPs can also choose to customize or opt out of the regulations concerning property division or partner support outlined in the Family Property Act and the Family Law Act by creating a cohabitation agreement or separation agreement.

To safeguard property and assets effectively, AIPs may want to consider establishing a cohabitation agreement. A document that gives both parties the chance to outline their responsibilities and roles in the relationship, the agreement may also specify how property will be divided and whether support should be provided if separation occurs.

Terminating an AIPA

Similar to the divorce process for married couples, ending an AIPA may require certain legal procedures, particularly if both partners cannot reach an agreement to the terms. This process might encompass the division of property and assets accrued throughout the partnership.

Every situation is different - some AIPs may have to sign a written agreement stating they plan to live separately without the possibility of reconciliation, while others may have to obtain a declaration of irreconcilability under the Family Law Act. It all depends on the terms of their agreement.

Under an AIPA and in accordance with the Family Property Act, partners must make a claim for property division within two years from the date the applicant knew the relationship had ended. Should conflicts arise concerning the distribution of property, financial assistance, or any other aspects outlined in the AIPA, a lawyer can advocate for a partner's concerns during legal proceedings and assist in managing the process.

Schedule a Consultation with Our Edmonton Family Lawyers Today

Adult interdependent partnerships are increasingly common amongst Canadians. In Alberta, the government has amended their legislation to ensure all family structures have similar rights and responsibilities.

Our family lawyers at Verhaeghe Law may be able to assist you with aspects of adult interdependent partnerships and agreements. Samongeeking legal counsel may be useful for not only drafting and terminating AIPAs, but also for amending existing agreements as your personal situation shifts, or for mediating term negotiations and disputes as they arise.

Contact our office to book a first consultation and discuss how we may be able to assist you through the AIPA process.

An Overview of Workers’ Compensation in Edmonton

Workplace injuries have the potential to significantly impact an employee's life. Every situation is different - workers may require various types of assistance after the occurrence of a workplace injury depending on their circumstances. It is important to familiarize yourself with your rights, which is why the Workers' Compensation Board - Alberta established the Code of Rights and Conduct in 2018.

Whether it is navigating insurance, premiums, and claims, or seeking recovery and back-to-work resources, our Edmonton work injury lawyers at Verhaeghe Law may be able to assist you. Addressing the needs of each individual client, they may provide necessary information to ensure you receive appropriate workers' compensation.

To learn more, contact us today to book a consultation with our Edmonton WCB lawyers.

Coverage and Benefits

In Alberta, workers' compensation is administered by the province's Workers' Compensation Board (WCB), which also provides support to those who have experienced a workplace injury.

The WCB functions in accordance with the Workers' Compensation Act and three associated regulations: The Workers' Compensation Regulation, the Medical Panels Regulation, and the Firefighters Primary Site Cancer Regulation. In Alberta, WCB coverage is obligatory for numerous industries.

Workers' compensation benefits exist to help injured workers during their recovery and streamline their return to work. They may include coverage for medical treatment, rehabilitation services, expense reimbursement, disability benefits, and wage replacement (partial income replacement).

Occasionally, disputes might emerge regarding your benefit eligibility. These discrepancies may involve wage substitution, medical care coverage, rehabilitation assistance, or disability benefits.

Steps to Reporting an Injury

If you get hurt at work, it is your responsibility to take the necessary steps to report the injury and file a claim. First, the injured worker should inform their employer about the incident, telling them exactly what happened to cause the injury/illness.

If you require medical treatment beyond first aid or you cannot continue in your job because of the accident, the employer is then required by law to report the injury to the WCB within 72 hours. Then, the injured party should inform their health care provider, who is also required by law to report your injury to the WCB within 48 hours.

The next step would be to immediately complete a WCB report of injury, which will detail the injury/illness and how it occurred. This form is available through your employer, online, or at any WCB office. The WCB will use all this collected information to determine the classification and status of your claim.

Types of Claims

After reporting the injury, the WCB will register your claim as one of these three options:

Lost-time claim: Through this process, your claim will be assigned to an adjudicator who will determine the benefits to which you are entitled. Your claim may be transferred to a case manager if additional rehabilitation is necessary to return to work.
No-time-lost claim: This may be assigned to you if you did not miss any work beyond the day of injury. The process team will still monitor for medical treatment.
Interjurisdictional claim: If you are not a resident in the province you get hurt in, you can decide to start a claim in the province of employment or your home province, depending on personal preference.

Some workers may require legal assistance when claims get complex. This may occur when there are disputes about the degree of the injury, entitlement to particular benefits, or the extent of a disability. Claims may get complicated when they involve multiple medical assessments or are multifaceted in nature.

Our team may be able to assist injured workers through difficult claims processes. Contact us today to learn more and speak to our professional team.

Claims Decisions and Disputes

Once submitted and reviewed, claims can be accepted, not accepted, pending (no decision has yet been made), processed (the claim has been registered and medical costs are being covered, but the claim itself has not yet been reviewed), or under medical investigation (additional medical assessments may be required). If your claim is accepted, the adjudicator will contact you to discuss benefit entitlement and other supporting services.

A claim may be rejected if it was determined that the injury was not caused at work, the claim was not filed within 24 months of the incident, your employer is not required to have workers' compensation and did not purchase it, or if there was not enough information to support your claim.

If a claim is denied or disputed by the WCB, a lawyer may be able to assist you through the process of appealing a claim. They may also be able to review your case, compile other evidence, and represent you during hearings and appeals.

Recovery and Returning to Work

Each workplace injury claim is uniquely built to suit a person's specific recovery needs. Benefits and services are determined based on what may be necessary to help a worker return to their job in a timely manner. Through the WCB, there are many treatment and recovery options available for those who need it.

Your adjudicator or case manager, employer, and health care provider work with you to develop an attainable plan for returning to work. Goals can be set along the way to help actualize your decided timeline. Then, your case manager will assess your medical reports to determine when you can safely start working again. Sometimes, workers may set up temporary job modifications so they can return to work while recovering.

Should disagreements arise concerning your plan for returning to work, necessary accommodations, or alterations to your job responsibilities following an injury, a lawyer can aid in discussions with the Workers' Compensation Board or your employer.

Contact us at Verhaeghe Law to learn more about workers' compensation rights, return to work plans, and how to appeal a claim.

Schedule a Consultation Today with Our Work Injury Lawyers

Although employers, associations, and governing bodies all strive to establish the safest working conditions, it is still possible to get injured at work. Familiarizing yourself with the WCB process may be helpful should you one day have to file a claim.

It is also important to know where to go if you need legal assistance with workers' compensation. Even if your claim seems uncomplicated, pursuing legal counsel at the onset may be beneficial in the long run.

Verhaeghe Law lawyers are well-versed in workers' compensation law and may offer counsel on your entitlements, clarify the procedures involved, and ensure that you are treated fairly throughout the entire claims procedure.

Contact us today to book a consultation and learn more about how we may be able to help you navigate workers' compensation.

** Please note, this article is intended as a general overview on the subject of workers' compensation, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta WCB lawyer.

Steps to Take After a Car Accident in Edmonton

Car accidents are a leading cause of injury in Canada, with over 100,000 people a year injured in motor vehicle collisions. While there are a set of preventative actions you may take to mitigate the risk of an accident, the unfortunate reality is you cannot control the behaviour of your fellow road users. Adverse weather conditions, the influence of intoxicants, or even a momentary lapse in judgment can lead to devastating consequences.

If you have been injured in a car accident as a result of another driver's negligence, you may be eligible to receive compensation. This may be invaluable in covering the costs of medical and rehabilitative treatments, income lost during your time of recovery, and potentially more. Contact our Edmonton personal injury lawyers to discuss your particular case, and see how Verhaeghe Law may be able to help you.

First Moments After a Car Accident in Edmonton

The first moments after a car accident can be confusing. Your body might be in shock. Depending on where the accident took place, other people may be around, responding in any number of ways.

If it is safe to do so, take stock of the situation. Check in on yourself - have you been injured? Has anyone in your vehicle been injured? Assess the status of any other people affected, be they in another car or pedestrians, cyclists, or other road users.

Call 911 immediately if:

Somebody has died, or is in danger of dying.
Somebody has been seriously injured and needs medical attention. This includes any cyclists or pedestrians that may have been hit.
One or more of the drivers have been driving while intoxicated.
You have reason to suspect the other vehicle is stolen.
There has been an assault.
The collision involves an uninsured or suspended driver (be mindful that not having an insurance card is not necessarily proof that the vehicle is uninsured).
Damage has been done to municipal, highway, or private property.

If in doubt, call 911 and relay the information you have. The safety of everyone involved is paramount.

Getting Out of Harm's Way

If it is safe to do so, move your vehicle off the road and turn on the hazard lights. If your car is unable to move, turn on the hazard lights and set up road flares, if you have them.

Emotions often run high in the immediate aftermath of an accident. Remember to take a deep breath, and keep in mind that this is likely a stressful situation for every single person involved. Getting out of harm's way includes physical safety, but it also includes being mindful of the ways in which you interact with others.

As much as possible, try to maintain composure as you focus on the necessities of the task at hand: ensuring that everyone is safe, and collecting information about the accident.

Collecting Information After a Car Accident

Take photos or videos of the accident scene, including any vehicles involved, any property that may have been damaged, the conditions of the road, and anything else you think may be relevant.

Exchange contact information with the other driver(s), including their name, phone number, email address, and home address. Take a photo of their insurance, driver's license, license plate, and any other identifying information about the vehicle (e.g. its make, model, and colour).

Write down the names and contact information of anyone else who was involved or witnessed the accident. This may be useful should you choose to pursue a personal injury claim.

Reporting Damage

If the combined damage of all vehicles involved exceeds $2000, you must report it to the police. Failure to do so may result in a fine.

As soon as possible, report your accident to a Collision Report Centre near you. This involves taking your vehicle to the collision centre, either by driving it yourself or by having it towed there. You must report a collision in the jurisdiction where it occurred.

If the total damage is less than $2000, you may be able to file a claim directly with an insurance company.

Speak With an Edmonton Personal Injury Lawyer

Depending on the circumstances of your accident, you may be eligible to receive financial compensation. If your injuries from the accident were caused by the negligent actions or inactions of another person, you may be able to recover a monetary sum to cover the costs of damages you have incurred.

From medical bills to ongoing treatments, the need of attendant care, and wages you may have to forego while you focus on your recovery, and more, the costs of a personal injury can accrue substantially.

At Verhaeghe Law, we understand the stressful nature of navigating a personal injury claim while also striving to heal. When you speak with our Edmonton personal injury lawyers at your initial consultation, we will listen carefully to your story, and provide insights into possible next steps. It is our goal to ease your stress and provide you with the guidance you need to make informed decisions.

Contact Our Edmonton Personal Injury Lawyers Today For a Consultation

Car accidents can be profoundly traumatic on both a physical and emotional level. The resulting injuries may forever alter the course of a person's life. If you have been injured in an accident caused by another person's negligence, you may be eligible for compensation. This financial support may be pivotal in offsetting the costs of medical treatments, attendant care, lost income, and more.

Each case is unique, and what may be possible for you will depend on many factors. Contact our Edmonton personal injury lawyers today to schedule your dedicated consultation, and learn how we may be of service to you.

Property Division in Edmonton: The Basics of Matrimonial Property

For many people, the end of a marriage or adult interdependent relationship involves a disentanglement of property the spouses have shared over the course of their partnership. This may be a very emotional process. While the ideal situation may be for both parties to collaborate in good faith on their property division, this may not always be the reality as a relationship ends.

Our Edmonton family lawyers at Verhaeghe Law approach each client with individual care, understanding that no two cases are the same. When you book your initial consultation with our team, we will listen to your story and work hard to address your questions and concerns. Contact us today to learn how we might be able to help.

What Is Matrimonial Property?

Matrimonial property refers to assets and liabilities you may have shared with your spouse over the course of your marriage or adult interdependent relationship. In the case of the matrimonial home, there may be special provisions. The house in which the parties lived together may be subject to property division even if only one of the parties was on title.

Generally, matrimonial property subject to division may include real estate properties, bank accounts, investments, businesses and business assets, cars, household goods, and more. If you would like to discuss a particular item of property and whether it may be subject to division in a separation or divorce, speak with our Edmonton family lawyers today.

What Is Not Subject to Division?

If the two separating parties agree on how they will divide their property, they may do so according to their wishes. However, if the parties cannot agree, there are provisions to guide the process under Alberta's Family Property Act.

With some exceptions, assets that a spouse had before entering into the marriage or adult interdependent relationship may not be subject to division. However, the amount of value an asset has accrued over the course of the marriage may be considered matrimonial property, and therefore subject to division.

Assets that may not be considered matrimonial property can include an inheritance directed to only one of the spouses, individual gifts, and tort settlements from personal injury or other civil claims.

If you have a prenuptial agreement or other kind of formal agreement that provides for particular protections regarding your assets, this may dictate how you and your former spouse divide your property. Likewise, drafting a separation agreement might help clarify each partner's priorities regarding property, should their relationship end.

Our team of Edmonton family lawyers understands the highly personal and individual nature of each relationship. We strive to approach each client with tailored dedication, listening to your unique needs and offering insights aimed at helping you navigate your separation with as much ease as possible. Contact us today to learn more.

Considerations During a Dispute Regarding Property Division in Edmonton

While most property division disputes are settled out of court, the intervention of a judge may be available should the separating parties be unable to come to an agreement. The parties may go through an equalization process, aimed at recognizing the financial losses one party may have incurred to benefit the other while they were together. The party with a higher net family property value at the end of the relationship may be required to remit equalization payments to the party with a lower net family property value.

When assessing a matter of property division, a judge may consider the following factors:

The net family property value of each spouse
How long the parties were married or an in an adult interdependent relationship
Whether there are children involved
Who owns what property
When any relevant property was acquired
Whether one spouse engaged in conduct that dissipated assets, causing disadvantage to the other spouse (e.g. gambling)
The value that each spouse brought into the relationship, in terms of contributions
Whether there are business interests involved
Whether there are existing agreements between the spouses, such as a prenuptial agreement, an adult interdependent relationship agreement, a separation agreement, or more
Whether either spouse has debt and/or tax liabilities
Whether there are Court orders against either of the spouses
And more

Many factors go into the decision-making at the root of property division in Edmonton. As with any dispute, the best way to resolve an issue may be to collaborate and come to an amicable agreement. However, because of the emotional, vulnerable nature of an intimate partner relationship, navigating property division during a separation may not always be graceful.

Our team at Verhaeghe Law recognizes that each relationship is different. From mediation and collaborative divorce to preparation for court, our Edmonton family lawyers are here to discuss the options that may be available in your unique case.

Contact Our Edmonton Family Lawyers Today For a Consultation

Disentangling property can be a stressful process in the aftermath of a separation or divorce. Under ideal circumstances, the separating couple comes to an agreement about how their matrimonial property should be divided. Unfortunately, the reality is often more complicated, and contentions may arise.

At Verhaeghe Law, our Edmonton family lawyers understand the emotional nature of property division. We strive to approach each case with compassion and diligence, working together with our clients to clarify your particular needs. Contact us today to book your initial consultation and learn what a difference we might be able to make for you.

Estate Planning Essentials: How to Begin the Process in Edmonton

Whatever your age or health status, it is always a good time to consider establishing an estate plan. While it may be uncomfortable, making clear decisions on what happens to your assets after the end of your life can offer your loved ones peace of mind. From writing your will to drafting a personal directive, the process of estate planning in Edmonton may include a variety of different elements, depending on the circumstances of your particular estate.

At Verhaeghe Law, our Edmonton estate administration lawyers understand that no two estate plans are the same. We approach each client with tailored care, listening to your unique needs and striving to ensure you have the support to proceed with informed decision-making.

To schedule your initial consultation, contact us today and learn how our Edmonton estate administration lawyers might be of service to you.

Understanding the Status of Your Estate

As with any plan, the first step in an estate planning process might be to understand the status of your estate. What are the assets and liabilities you currently possess? It may be beneficial to organize a list of your properties, investments, debts, as well as any smaller items you may wish to give to specific individuals or organizations after your death.

Determining Your Estate Planning Goals

Most people approach estate planning with the central goal of providing for their loved ones. After a person dies, their property is typically distributed among beneficiaries according to what they have outlined in their will. If there is no will, the property may be distributed in accordance with intestacy guidelines in the Alberta Wills and Successions Act.

Depending on your particular circumstances, you may have additional considerations in mind as you plan your estate. It can be important to determine your estate planning goals as a starting point. Consider the following questions:

Do you have dependents who may need financial support should you become incapacitated?
Are you concerned about a tax-efficient transfer of assets to your beneficiaries?
Do you have concerns about aged care for yourself or a loved one?
Do you own a business that requires special consideration?
Are you living with a health condition that might one day require a loved one to make decisions on your behalf, while you are still alive?
Are there other factors, or a combination of the above, that might require particular planning?

Alongside a last will and testament, a number of other legal documents may help provide your loved ones with the clarity and support they need to execute your estate plans should you become incapacitated or pass away.

Seeking the Advice and Support of a Professional

Because no two estate planning processes are identical, there may be strategies or solutions available of which you may not yet be aware. Moreover, because the process of estate planning may involve a set of legal documents, it may be in your best interests to collaborate with a professional who may be able to ensure they are drafted correctly, with rigorous attention to detail.

Our Edmonton estate administration lawyers have helped many clients navigate the process of estate planning, and would be happy to discuss your particular questions, concerns, and wishes.

Whether you own a business and have questions about how this will affect your estate plan, are interested in opening a trust for a loved one, or require support establishing a personal directive for a loved one to be able to make decisions on your behalf, our team at Verhaeghe Law is here to offer our insights. Contact us today to learn more.

Communicating Your Wishes to Your Family

In addition to drafting legal documents with the support of an Edmonton estate administration lawyer, it may be helpful to articulate your plans and wishes with your family. While they will have your last will and testament as guidance, speaking with them in advance can help reduce the stress of uncertainty in the time immediately after you become incapacitated or pass away.

Depending on your circumstances, you may wish to:

Tell your family where your will is located
Let your family know your wishes regarding the distribution of your properties, including any homes or businesses they may inherit
Articulate how you wish to distribute any of your sentimental assets, with consideration to how important these may be to particular family members
Check in with any persons to whom you intend to give enduring power of attorney and/or personal directives. Articulate, where possible, any wishes you may have regarding decisions they might make regarding your health and finances on your behalf
Consider other questions that may arise regarding your loved ones, and consult with our Edmonton estate administration lawyers to see what may benefit your case.

Making Arrangements for Your Business

If you own a business, there may be particular considerations required in arranging your estate plan. Upon consulting with your Edmonton estate administration lawyer, you may wish to implement several additional steps to clarifying your wishes for the future.

Depending on the context of your business, you may wish to establish a clear succession plan, in which your ownership will pass on to a business partner, a family member, or someone else. Life insurance may likewise be of particular interest to business owners, as the financial status of their business may be severely affected by an untimely loss.

Regularly Reviewing Your Estate Plan

As time passes, your life circumstances will likely change. The shape of your family, business, and estate may alter significantly. You may acquire or dispose of properties previously named in your will. Beneficiaries named in your will may pass away, or your wishes may change regarding how your property will be distributed.

For these reasons, it is important to regularly review your estate plan. Contact our Edmonton estate administration lawyers today to discuss how to strategize your review, and what amendments may be required.

Contact Our Edmonton Estate Administration Lawyers Today For a Consultation

Setting down clear plans for the future of your estate can be a tremendous gift to your family. By leaving a map of how you wish for your assets to be distributed, you may be able to provide your loved ones with financial protection and peace of mind.

Each estate has its own sets of unique possibilities and requirements. At Verhaeghe Law, our Edmonton estate administration lawyers understand that no two estate planning processes are the same. Contact us today to discuss the particulars of your case, and learn how we might make the process easier for you.

** Please note, this article is intended as a general overview on the subject of estate administration, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta estate administration lawyer.