 Business succession planning is a critical consideration for any business owner in Alberta. Whether you are planning to retire, pass on the business to a family member, or sell it to a third party, having a clear, structured plan in place is essential for ensuring the continuity and success of the business. Without proper planning, the future of the business and its value could be jeopardized. In this guide, we’ll explore the key aspects of business succession in Alberta, how to prepare for it, and the various options available to business owners.
What is Business Succession? Business succession refers to the process of transferring ownership and control of a business to a successor. This transition can occur for various reasons, including the retirement of the current owner, the death of the owner, or a desire to sell the business. Succession planning is important not only for ensuring the survival of the business but also for protecting its value, minimizing tax liabilities, and providing peace of mind for the owner and their family. Why is Business Succession Planning Important? Business succession planning is essential for several reasons: Ensures Continuity: Succession planning ensures that the business continues to operate smoothly when the owner steps down, retires, or is no longer able to manage the business. Without a plan, the business may face disruptions or financial instability during the transition period.
Key Steps in Business Succession Planning in Alberta 1. Assess Your Business’s Current Situation Before developing a succession plan, it’s important to assess the current state of the business. This includes evaluating the financial health of the business, its market position, management structure, and key personnel. Consider the following:
Selecting the right successor is a critical part of business succession planning. Depending on your goals, there are several options to consider:
5. Create a Transition Plan Once you’ve chosen a successor, it’s time to create a detailed transition plan. This plan outlines how the transfer of ownership and management will occur, and it should address the following:
Estate Planning: Business owners should integrate their business succession plan into their broader estate plan. This includes creating a will, setting up trusts, and considering life insurance to address the financial aspects of succession. Tax Planning: Alberta’s tax laws may have a significant impact on your business succession plan. Business owners should consider strategies to minimize capital gains taxes, estate taxes, and other taxes that may arise during the transition. For example, using tax-deferred rollover provisions or gifting shares over time may help reduce tax liabilities. Communicate with Stakeholders Once your succession plan is in place, it’s important to communicate with key stakeholders, such as employees, clients, suppliers, and family members. Transparent communication helps to manage expectations and ensures that everyone is on board with the transition plan. It can also help maintain business relationships and morale, particularly if you have employees who will be affected by the changes. Options for Business Succession in Alberta Sale of the Business: Selling the business to a third party is one of the most common ways to transition ownership. This can involve selling to a competitor, investor, or private equity firm. It’s essential to maximize the value of the business before selling, which may involve improving operations, resolving any financial issues, and ensuring the business has a strong client base. Business succession planning is a vital part of ensuring the long-term success and continuity of your business in Alberta. Whether you plan to pass the business to a family member, sell it, or transfer ownership to employees, proper planning is essential. By carefully considering your options, addressing legal and tax implications, and preparing your successor, you can protect your business’s value, minimize risks, and achieve a smooth transition. Securing the future of your business starts with a solid succession plan. At Salloum Law, we specialize in business succession planning tailored to Alberta’s legal and financial landscape. Whether you’re preparing to transfer ownership, sell your business, or create a legacy for future generations, our experienced team is here to guide you through every step. Don’t leave the future of your business to chance—contact Salloum Law today! Let us help you develop a comprehensive plan that protects your hard work and ensures a seamless transition.
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 Small Claims Court is a branch of the provincial or territorial court system that handles disputes involving limited financial amounts. The dollar limit varies by province, typically ranging from $5,000 to $35,000. Common cases include:
If you're involved in a legal dispute over a relatively small amount of money, Small Claims Court provides a cost-effective way to resolve the issue without expensive legal representation. While the process is more informal than higher courts, it’s still essential to protect your rights and be fully prepared. Here’s a guide to navigating Small Claims Court in Canada effectively. 1. Understand Your Rights and Legal Grounds Before filing a claim, ensure you understand your legal rights and the basis for your case. For example, if you're dealing with a breach of contract, you must prove:
2. Gather Relevant Evidence Your case depends on the quality of your evidence. Collect and organize:
3. File Your Claim Correctly Filing a claim involves:
4. Know the Deadlines Each province has limitation periods for filing claims. For instance, in Ontario, you must file within two years of the incident. Missing the deadline could mean losing your right to take legal action. 5. Prepare for the Hearing Once your claim is filed, a court hearing will be scheduled. To protect your rights:
6. Follow Court Rules and Procedures Each Small Claims Court has specific procedures governing:
7. Consider Mediation or Settlement Many courts encourage mediation before trial. Mediation involves a neutral third party helping both sides reach a fair resolution. Settling out of court can save time and money. However, ensure any settlement agreement protects your interests. 8. Be Prepared for the Outcome If you win, the defendant must comply with the court’s order. However, winning doesn’t guarantee immediate payment. You may need to take additional steps, such as garnishing wages or seizing assets, if the defendant refuses to pay. 9. Seek Legal Advice if Needed While Small Claims Court allows self-representation, legal guidance can be valuable—especially for complex cases. A lawyer can:
Navigating Small Claims Court can be overwhelming, but you don’t have to do it alone. At Salloum Law, we help clients understand their rights and build strong cases. Whether you're pursuing a claim or defending against one, our experienced legal team is here to assist. Take the first step to protecting your rights—contact us today! Let’s work together to achieve the best possible outcome for your case.  A separation agreement is a crucial legal document that outlines the terms and conditions of a couple's separation, addressing key aspects such as child custody, support, division of property, and spousal support. If you're considering a separation in Canada, you may be wondering whether you need a lawyer to draft a separation agreement. In this blog, we’ll explore the importance of having a lawyer involved, the potential risks of going without one, and the legal process surrounding separation agreements in Canada.
What is a Separation Agreement? A separation agreement is a legally binding contract between two individuals who are separating. It is designed to resolve matters such as:
In Canada, a separation agreement is an alternative to court proceedings and can help both parties avoid a prolonged, expensive, and often emotional legal battle. It’s important to note that separation agreements can be made by married or common-law couples, and the provisions will differ based on your unique situation. Is a Lawyer Required to Draft a Separation Agreement? Technically, you don’t have to hire a lawyer to draft a separation agreement in Canada. Couples can create and sign a separation agreement without legal counsel. However, there are several reasons why it’s highly recommended to have a lawyer involved in the drafting process. Let’s explore the advantages and risks of navigating this process with or without a lawyer. The Risks of Not Having a Lawyer
In Canada, you do have the option to draft your own separation agreement without a lawyer. However, this is generally not recommended unless your situation is relatively straightforward and you are confident in your understanding of family law. You can use online templates or resources, but they may not cover all necessary legal aspects, and mistakes could lead to unintended consequences. Steps to Take if You Decide to Use a Lawyer: If you decide to hire a lawyer to draft your separation agreement, here are the steps involved:
A separation agreement can be modified in the future if circumstances change. For example, if either party’s financial situation changes or if there is a change in the custody arrangements, a lawyer can help you draft a revised agreement. While it’s not strictly necessary to hire a lawyer to draft a separation agreement in Canada, doing so provides several important benefits. A lawyer ensures that your rights are protected, the agreement is legally sound, and both parties understand their responsibilities. At Salloum Law, we’re here to help you navigate the complexities of a separation agreement with confidence and care. Contact us today to ensure your rights are protected and your future is secure.  Buying property is one of the most significant investments you'll ever make. The process can be exciting but also complex, especially with legal and financial intricacies to navigate. Whether you're purchasing your first home or adding to your real estate portfolio, hiring a real estate lawyer in Edmonton is essential to ensure the process goes smoothly and your interests are protected.
In this blog, we’ll explore why a real estate lawyer is vital when buying property, the benefits they bring, and how to find the best real estate lawyer in Edmonton for your needs. Understanding the Role of a Real Estate LawyerReal estate lawyers play a crucial role in ensuring a seamless property-buying experience. Here's what they do:
1. How much does a real estate lawyer in Edmonton charge? Legal fees vary depending on the complexity of the transaction. On average, fees range from $800 to $1,500. 2. Is a lawyer necessary for a cash purchase? Yes, even in cash purchases, a lawyer ensures proper title transfer and identifies any potential legal issues. 3. Can a real estate lawyer help resolve disputes during the transaction? Absolutely. A real estate lawyer can mediate disputes and provide expert solutions to protect your interests. Buying property is an exciting but complex process. Having a skilled real estate lawyer in Edmonton by your side ensures a smooth transaction, protects your investment, and gives you peace of mind. Whether you're buying your first home or a commercial property, the expertise of a lawyer is invaluable. Ready to make your property purchase stress-free? Consult the best real estate lawyer in Edmonton today for expert advice and comprehensive support. 
If you’ve ever been through a real estate transaction in Edmonton, you know that the process can be both exciting and overwhelming. Whether you’re buying your first home, selling a property, refinancing, or dealing with a commercial real estate deal, there are a lot of moving parts to manage. One of the most important steps in any real estate transaction is working with a real estate lawyer. But how much does this crucial service cost? In Edmonton, the cost of hiring a real estate lawyer can vary depending on the type of transaction you're involved in. Understanding the fees upfront can help you plan and budget accordingly, ensuring that there are no surprises along the way.
In this blog, we’ll break down the costs associated with hiring a real estate lawyer in Edmonton, explain the different types of real estate transactions that affect pricing, and help you understand what you’re paying for when you hire a lawyer to help with your real estate dealings. Whether you're a first-time homebuyer or a seasoned investor, we’ve got the answers to the most common questions about real estate lawyer fees in the city. What is the standard fee for a real estate lawyer in Edmonton?When it comes to real estate transactions, many people wonder what they can expect to pay for legal services in Edmonton. At Salloum & Company, the rates are straightforward and clearly outlined, which means you won’t be hit with any surprise costs at the end of your transaction. Here’s a breakdown of our flat fees for the most common real estate services:
What’s the difference between a cash purchase and a mortgage purchase? If you’re purchasing a home or property, one of the main factors that will affect your legal fees is whether you’re buying with cash or with a mortgage. At Salloum & Company, we charge a flat rate of $749.00 + GST & disbursements for cash purchases, but if you’re purchasing with a mortgage, the fee increases to $999.00 + GST & disbursements. Why the difference? When you’re buying with cash, the process is relatively straightforward: the funds are transferred directly, and the transaction is completed without needing to involve a lender. On the other hand, if you’re using a mortgage, there are more steps involved, such as coordinating with your lender, reviewing the mortgage documents, ensuring that the bank’s interests are protected, and registering the mortgage against the title of the property. These extra steps require additional legal work, which is reflected in the slightly higher fee. Are there additional costs if I need to refinance my property? Refinancing your property is another scenario where you may need the services of a real estate lawyer. In Edmonton, refinancing fees typically cost $499.00 + GST & disbursements for a standard refinance, which includes handling one payout. A refinance involves changing the terms of your existing mortgage or taking out a new loan. Your lawyer’s role in a refinance is to ensure that all legal aspects are properly handled, including reviewing your new mortgage documents, registering the new mortgage with the land title office, and ensuring that your old mortgage is discharged properly. These are essential tasks that protect both you and your lender. If your refinance involves multiple payouts—meaning you have more than one mortgage or lien to pay off—the additional cost is $49.00 per payout. For example, if you have two mortgages that need to be paid off, you would pay an extra $98.00 in lawyer fees to cover the additional legal work involved in handling those payments. How does the sale of a property work with a real estate lawyer? Selling a property also requires legal assistance to ensure everything goes smoothly. Whether you’re selling your home, a commercial property, or an investment property, having a real estate lawyer can help you navigate the legal complexities of the sale. The standard fee for a sale transaction is $749.00 + GST & disbursements. This fee covers all the usual steps involved in selling a property, including reviewing and drafting the sale agreement, ensuring that the title is clear of any encumbrances, and handling the funds transfer. For example, when you sell a property, your lawyer will ensure that the buyer has made their payment, pay off any existing mortgage or liens on the property, and register the transfer of title with the appropriate authorities. Without a lawyer, there’s a risk that certain legal steps could be overlooked, which could lead to issues with the transaction down the line. Are there any hidden fees or additional costs I should be aware of? One of the great things about working with a real estate lawyer like Salloum & Company is that we offer flat fees, so you won’t encounter any hidden fees or surprise costs. However, as mentioned earlier, there are disbursements—costs that the lawyer incurs while handling your transaction. These typically include things like registration fees, title search fees, and courier charges, among others. While these disbursements are out of the lawyer’s control, they are generally modest and can be anticipated early in the process. A lawyer will always provide an estimate of disbursements at the beginning of your transaction so that you’re fully aware of what you’ll be paying. Real estate transactions can be tricky, but working with an experienced real estate lawyer in Edmonton can make all the difference. At Salloum & Company, we offer transparent, competitive flat fees for both residential and commercial real estate services. Whether you’re buying, selling, or refinancing a property, we’re here to provide the legal support you need to make your transaction as smooth and stress-free as possible. If you're ready to move forward with your real estate transaction, get in touch with us today to learn more about how we can help. Let us take care of the legal details so that you can focus on what matters most—your property. 
Child custody cases can be some of the most emotionally charged and complex legal matters that families face. In Alberta, the best interests of the child are the guiding principle in determining custody arrangements. Whether through mutual agreement or in the courts, decisions surrounding the care and upbringing of children are always made with their well-being as the top priority.
Parents navigating custody cases often find themselves overwhelmed by the process and unsure of what to expect, which is why understanding the factors considered by the courts can provide some clarity.In Alberta, custody can refer to both physical custody, which determines where the child lives, and legal custody, which involves decision-making power over the child’s upbringing, education, and health. Joint custody is often favoured, as it allows both parents to be involved in the child’s life, though in some situations, sole custody may be granted. When making decisions about custody, Alberta courts focus on the best interests of the child, evaluating a variety of factors to ensure the child’s safety, stability, and happiness. What is meant by “best interests of the child”? The "best interests of the child" is the central standard that Alberta courts use to make custody decisions. This principle ensures that the child’s emotional, psychological, and physical well-being is prioritized over all other factors, including the parents' desires. The court considers several aspects, such as the child's relationship with each parent, the child's needs, and each parent’s ability to provide for those needs. The goal is to create an environment that promotes the child's healthy development. How does the court evaluate the parent-child relationship? Courts in Alberta carefully evaluate the relationship each parent has with the child. Factors such as the emotional bonds, the role the parent has played in the child’s life, and the level of involvement in day-to-day activities are all considered. For instance, if one parent has historically been the primary caregiver, this may influence the court’s decision, as it reflects a consistent and stable presence in the child’s life. However, the court will also consider the child’s attachment to both parents and the potential impact of changes to their routine. What role does the child’s preferences play in custody decisions? In Alberta, while the court’s focus is always on the best interests of the child, the child’s own preferences can also play a role, particularly if the child is older. Children who are mature enough to express their thoughts may have their preferences taken into account, although the court will weigh these alongside other factors. However, the court will not base its decision solely on what the child wants, as it must still ensure the final arrangement is in the child's best interests. Can the parents’ conduct affect custody decisions? Yes, a parent’s conduct can significantly impact custody decisions. Alberta courts will examine any evidence of abuse, neglect, or harmful behaviour by either parent, as these can affect the child’s safety and emotional well-being. If one parent has a history of violence or substance abuse, this could result in limitations on their custody or access to the child. On the other hand, the court may also consider each parent’s ability to cooperate with one another in fostering a positive co-parenting relationship. How does the court address joint custody vs. sole custody? Joint custody is often encouraged in Alberta, as it promotes the involvement of both parents in raising the child. However, if the court believes joint custody is not in the child's best interest due to factors such as parental conflict or a parent’s inability to care for the child, it may grant sole custody. This means one parent will have primary responsibility for decision-making, though the other parent may still be granted access to maintain a relationship with the child. Navigating a child custody case can be challenging and stressful. At Salloum & Company, our experienced family lawyers are here to provide compassionate guidance and ensure the best possible outcome for you and your child. Contact us today to discuss your case and find out how we can help secure a bright future for your family.  Purchasing a home is one of the biggest investments you’ll make in your lifetime, and navigating the legal aspects of a real estate transaction can be overwhelming. While you may already be working with a real estate agent, it’s crucial to understand the role of a real estate lawyer in the home-buying process in Alberta. A lawyer ensures that all legal documents are in order, protects your interests, and helps prevent potential disputes down the road.
In Alberta, the real estate landscape can be complex, involving contracts, mortgage documents, title transfers, and local regulations. While hiring a real estate lawyer is not strictly required by law, it is highly advisable to have one on your side to review contracts and oversee the legal aspects of your home purchase. In this blog, we’ll explore why having a real estate lawyer is important and what they can do for you during the home-buying process. What does a real estate lawyer do during a home purchase? A real estate lawyer plays a crucial role in reviewing and preparing the legal documents involved in your home purchase. This includes the purchase agreement, mortgage terms, and title documents. One of their main responsibilities is to ensure that the contract is fair and legally binding, protecting you from any hidden clauses or unfavorable terms. In addition, a real estate lawyer will conduct a title search to confirm that the property is free from any legal encumbrances, such as liens or claims from third parties. They also handle the transfer of funds, ensuring that all financial aspects of the transaction are conducted securely and in accordance with Alberta’s legal standards. Essentially, your lawyer acts as your legal safeguard throughout the home-buying process. 
Child support is a fundamental aspect of family law in Alberta, designed to ensure that children continue to receive financial support from both parents after separation or divorce. It is the legal obligation of parents to contribute to the costs associated with raising their children, including education, health care, and general well-being. Child support ensures that children can maintain a standard of living comparable to what they would have experienced if their parents had remained together.
In Alberta, child support is calculated primarily based on federal guidelines, which consider the income of the paying parent and the number of children involved. However, the process can become more complex when factors like shared custody, additional expenses, and special circumstances are considered. Understanding how child support is calculated can help parents navigate the process and ensure fair contributions are made for the benefit of their children. What guidelines are used to calculate child support in Alberta? Child support in Alberta is calculated based on the Federal Child Support Guidelines, which provide a clear formula for determining how much support is owed. The guidelines take into account the gross annual income of the paying parent and the number of children. Alberta also uses child support tables that outline the amount payable based on income levels, ensuring that calculations are straightforward and consistent. The guidelines are designed to ensure fairness, but they also offer flexibility in cases where unique circumstances arise. Parents are encouraged to refer to these tables, which are available online, or consult with a family lawyer to better understand their obligations under Alberta law. How does parenting time affect child support? Parenting time, or custody arrangements, can significantly affect how child support is calculated. In cases where one parent has primary custody, the non-custodial parent typically pays the full amount of child support based on the federal guidelines. However, if the parents share custody and each has the children for 40% or more of the time, the calculation may change. In such cases, the income of both parents is considered, and a set-off method is used to determine a fair contribution from each side. In shared custody arrangements, it's important for both parents to be transparent about their financial situations and discuss how the costs of raising their children will be split. Adjustments can also be made based on the specific needs of the children and the parenting schedule.  Do I need a real estate lawyer to refinance my home?
Refinancing your home is a significant financial decision that can bring a multitude of benefits, such as lower interest rates, reduced monthly payments, and access to home equity. However, the process of refinancing can be intricate and requires careful attention to detail to ensure a successful outcome. Below are some important points to help you understand how a real estate lawyer can play a pivotal role in home refinancing, safeguarding your interests and ensuring a smooth transition. What does home refinancing mean? Before delving into the role of a real estate lawyer, let's briefly review what home refinancing entails. Refinancing is the process of replacing your existing mortgage with a new one, often with more favorable terms. Homeowners typically choose to refinance for one or more of the following reasons:
Have you recently found yourself pulled over by the police? Were you unsure about how to handle the situation calmly? We understand that such encounters can be extremely intimidating. However, being well-informed and knowing your rights can make a significant difference in these moments. Let’s address some common questions you might have when pulled over by the police in Canada and provide a few essential tips to help you navigate these situations with confidence and composure.  Do you have a right to know why you are being stopped? In Canada, police officers must have a valid reason, known as "reasonable grounds," to pull you over. These reasons may include suspected traffic violations, concerns about impaired driving or even commission of a crime. When stopped, you have the right to ask the officer why you've been pulled over, and they are obligated to provide a clear explanation. Knowing the reason for the stop is essential to understanding the situation and your legal rights. However, if you believe that the stop was arbitrary or without reasonable grounds, it's crucial to document the details of the encounter and seek legal advice afterward. Your lawyer can assess whether the stop was lawful and, if necessary, take appropriate action to protect your rights. Can you refuse to provide ID to the police in Canada? When pulled over by a police officer, you are not under a legal obligation to provide your ID unless the officer is investigating a specific crime or detaining you. However, it's important to remember that refusing to provide identification may escalate the situation, and it's often advisable to cooperate while asserting your rights. The police may request your name and address, and sometimes identification. In most cases, you're not obliged to provide this information. However, providing false information about your identity can result in charges of obstructing justice or obstructing the police. For instance, if you're driving, the police may ask to see your driver's license, car registration, and insurance. You are legally required to provide these documents upon request. It's essential to know that even if you provide identification, you are not obligated to answer additional questions beyond confirming your identity. If you feel that your rights are being violated during an encounter with law enforcement, it's recommended to consult with a lawyer.  Can the police search your vehicle without a warrant?
Generally, the police in Canada cannot search your vehicle without a warrant or your consent. However, there are exceptions, such as if they have reasonable grounds to believe there is evidence of a crime in your vehicle or if they suspect impaired driving. They must also believe that this evidence would be removed or destroyed if they waited for a search warrant. For instance, if the police suspect you've been drinking alcohol, they can conduct a roadside breath test or physical sobriety tests, such as walking in a straight line. You don't have the right to speak to a lawyer before taking a roadside test. If they have reasonable grounds to believe you're over the legal limit, they can take you to the police station for further testing. Section 8 of the Canadian Charter of Rights and Freedoms guarantees that "Everyone has the right to be secure against unreasonable search or seizure." This fundamental right ensures that law enforcement officers cannot conduct searches or seizures without proper justification, such as a search warrant or reasonable grounds. |
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January 2025
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