Various industries in Canada are now feeling the effects of the COVID-19 pandemic with significant disruptions to business operations. At present many employers have started to temporarily lay-off their employees to cope with the impacts of the novel virus. This post serves to inform you better as to what a temporary lay-off is, and what your rights are under these circumstances.In Alberta, temporary lay-offs are governed by the Employment Standards Code, which defines the temporary lay-off procedure as well as its length. During this temporary lay-off, although employees are not entitled to pay, their employment remains preserved. As a result of the pandemic, on April 6, 2020, the Alberta government extended the period for temporary lay-offs from 60 days to 120 days, retroactive to March 17, 2020, so that employees remain attached to a job longer. If employees are temporarily laid off for more than 120 days, they are deemed to...

Do you have an adult family member or loved one struggling with making their own personal and financial decisions? Transitioning decision-making powers can be an emotional, stressful and time-consuming process, particularly if there is not a Power of Attorney or Personal Directive in place. At Gurevitch Burnham Law Office, our dedicated legal team is committed to helping you and your family navigate the complexities of the adult guardianship and trusteeship process in Alberta.What is Adult Guardianship and Trusteeship?There are many reasons why an adult may need support in making personal and financial decisions.  These include permanent or temporary illness that renders decision making impaired, such as dementia, or perhaps a developmental disability. If this is the case, they may need to transfer their decision-making powers to another person.  Transferring decision making is also called substituted decision making. If the adult, while having the required legal capacity, prepared an Enduring Power of Attorney...

Interacting with police officers can be an unsettling experience for the bravest of us. A lot of the time, the only interaction we have with the police is when they are pulling us over to hand us a ticket for speeding. However, sometimes that interaction gets even more unnerving and escalates into an arrest—what do you do then? If the police have detained you and you suspect they are going to arrest you, you should first ask mildly and politely whether you are under arrest. In essence, you do not want the police to perceive hostility in you, which inadvertently provokes police hostility toward you. If the police arrest you, you are entitled to certain constitutional rights that must be regarded by the police. Firstly, you have the right to be informed promptly about why you are being arrested. Usually, the police will tell you why. But if they don’t, you can ask...

  In these times of pandemic, there are numerous pressing considerations that employers will have to handle on a day to day basis.  This article will highlight some of the major concerns of employers.  But as with all matters, you should consult with your legal counsel regarding the particulars of your situation.  Some of the highlights of this article include:What obligations does an employer have to its employees?Can an employer terminate its employees? Or put them on layoff status?Can an employer force its employees to work? Or stay home from work?Do employers have to pay for temporary layoffs?What rights do employees have to refuse to work on a particular project?What will the employer have to pay an employee who is terminated (or deemed to be terminated) under the Employment Standards Code?Generally speaking, an employment contract is an agreement where an employee agrees to do X work for Y pay.  If the employer...

You may have wondered on occasion about when the police are authorized to arrest someone. I bet, for example, when you see activist movements like Black Lives Matter in the United States protesting against police brutality and high-handedness, your mind has been drawn to the topic. I want to provide you with a very brief synopsis of the law as an education. Maybe it will be an elective education because you’re naturally interested in the topic, or perhaps it’s compulsory because you have been arrested or someone you know has been arrested. You will want to know whether the police acted appropriately. Let me walk you through it. First of all, the police have complete authority to arrest you if they have a warrant. A warrant is a formal order the police receive from a Judge or Justice of the Peace, which authorizes them to arrest you. There are a variety of reasons...

Issues around parenting amongst separated partners can be contentious at the best of times. The outbreak of the COVID-19 pandemic has not made co-parenting issues any easier to resolve. While parents need to protect their children from the pandemic with the practice of social distancing, it is not a means to suspend the parenting time of the other parent. Where the other parent endeavours to adhere to COVID-19 protocols and takes necessary steps to keep the children safe and healthy during their parenting time, COVID-19 should not be used to bring it to an immediate and unilateral stop. Moreover, where the parenting regime is defined in a court order, there is a presumption that the parents will comply with it. However, what can you do when a parent acts contrary to the COVID-19 protocols, compromising the health and safety of the children?A recent Ontario case, Ribeiro v Wright, 2020 ONSC 1829,...

These are unprecedented times for all Albertans. People are doing all they can to protect themselves, their loved ones and their neighbours.  For most, this means confining themselves to their homes and limited outside exposure to limit the spread of COVID-19.  Unfortunately, this arrangement can come with certain dangers for those experiencing forms of domestic violence, whether this is physical, emotional or mental abuse, as people are now together virtually 24/7.  Anxiety, fear and panic can become a state of life for many in a household.  As you are well aware, several stress factors are hitting all families right now. These factors often escalate existing violence or abuse, where the situation can become quite explosive and dangerous. For immediate assistance, and to access someone to guide you, should you require help or know of someone who does, please contact one of the following: Call 911 if you or some you know is...