STANLEY LAW OFFICE
Your Award-Winning Calgary Law Firm
Areas of Practice
Our vast legal knowledge in diverse fields enables us to think outside the box and provide our clients with far-reaching legal solutions that suit their situations.
WE KNOW LAW
Immigration & Refugee Law
Canadian immigration and refugee law deals with the area of law related to the admission of foreign nationals into Canada , their rights and responsibilities once admitted, and the conditions of their removal. The goals of immigration and refugee legislations and policies include economic growth, family reunification , and compliance with humanitarian treaties.
Immigration matters relate specifically to applications relating to the legal means of being admitted to Canada, including visa applications, permanent residency applications (family class applications, federal skilled class applications, provincial nominees, Canadian Experience Class applications, and school admissions), removal orders and deportation orders.
Refugee matters apply to the practice and obligations of Canada to offer refugee protection to people in Canada who face persecution in their home country or the country where they normally live, or who would face persecution if they returned to that country.
You can make a refugee claim within Canada when you arrive by land, sea or air. You can also make a refugee claim outside of Canada , if you are sponsored by the government or a private group. The Immigration and Refugee Board (IRB) makes decisions about refugee claims. They decide if you are a Convention refugee or a person in need of protection.
We will work with you to guide you and represent your interests in filing applications and representing you before the Tribunals and the Courts as you work your way towards being a legal resident of Canada and ultimately a citizen of Canada.
Criminal law is a system of law concerned with the punishment of those who commit crimes. It is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and which accordingly establishes punishment to be imposed for the commission of such acts. Generally speaking therefore, it is that body of the law that deals with conduct considered so harmful to society as a whole, that it is prohibited by statute, prosecuted and punished by the government.
Have you been charged with a crime? Or is a criminal charge contemplated against you? Do you have information about a crime that is about to be committed, has already been committed or you came by the information after the crime has been committed and you know or may have reasons to believe that you may know one or more of the perpetrators of the crime? Has anybody made threats against you of a criminal nature or against anybody you know or with whom you may have a filial or other relationship?
You should talk to us immediately as we are able to work with you and guide you on the steps you need to take to protect, defend and extricate yourself from a potentially tricky situation.
Wills & Estate Law
Also called Wills, Trusts and Estate Planning, Wills and Estates Law is that part of the law which regulates wills, trusts, probate and other subjects related to the distribution of a deceased persons estate, as well as the management of another person’s property.
Writing your Will may be one of the most important things you’ll ever do. A properly drafted Will can help ensure that your property is divided the way you intended and actually benefits the people you intended.Estate planning involves the transfer of someone’s assets (for instance, property and money) while alive, with the transfer postponed to take effect only when they die, as well as a variety of other personal matters. Wills, estates, trusts, powers of attorney and personal directives are all common tools used in estate planning. We will work with you to ensure that your instructions are adequately captured, within the allowed boundaries of legality, in line with your specific wishes and that when you die, those wishes would be carried out to the letter, as you have expressed them.
Employment & Labour Relations Law
Employment Law covers the relationships between employers and employees in their individual and or collective employment terms, whether they be individual contracts of employment (also called contracts of service), or employment as dependent contractor, or employment as independent contractor (also called contracts for services).
Our services in this area include advancing or defending civil claims of wrongful dismissal, or wrongful termination of employment contracts; advancing or defending claims of breach of restrictive covenants (such as non-competition, non-solicitation and confidentiality clauses); advancing or defending civil claims of breach of fiduciary duties by certain classes of employees (corporate directors and key officers); reviewing or drafting employment or dependent/independent contractor contractual agreements; reviewing the reasonableness or adequacy of settlement or severance offers; and negotiating settlements on behalf of clients.
Labour Relations Law, encompasses the rights and duties of unionized employees employed under collective bargaining contracts. Our services in this area include: advancing or defending complaints or applications before the relevant labour relations boards (for instance, the Alberta Labour Relations Board and the Canadian Industrial Relations Board); certification/de-certification applications, unfair labour practice complaints, complaints relating to the breach of the duties of fair representation and to bargain in good faith; advancing or defending grievances and disputes arising out of the interpretation, application or alleged violation of a collective agreement; advising or acting on behalf of clients in relation to collective bargaining; advising or acting on behalf of clients in relation to issues arising out of various labour-related statutes, etc.
Alternate Dispute Resolution
Alternative Dispute Resolution (ADR) encompasses a plethora of dispute resolution processes that are alternatives to civil litigation in the civil courts. These include bi-partite or multi-partite settlement negotiations between individuals or organizations; third-party assisted negotiations, such as mediation, conciliation, facilitation; third-party adjudication, such as grievance or commercial arbitration. Some of these processes are mandated by law while others may be invoked by the contractual relations between parties.
We believe that most if not all disputes, no matter how contentious they may appear, are capable of being amicably resolved. We will therefore work with all parties, while advising or representing our clients in relation to all ADR processes, to ensure that every available opportunity towards a peaceful and cheaper resolution of the issues are adopted. This way, the possibility of future relationships among the parties may be created and unnecessary misunderstandings and enmities may be avoided.
Family & Matrimonial Law
Family and matrimonial law is an area of the law that deals with family matters and domestic relations, including: marriage, civil unions, and domestic partnerships; separation, divorce, child support, spousal support, adoption and surrogacy, child abuse, emergency protection orders and child abduction.
The scope of family and matrimonial law has in the last forty years expanded as legislators and the Courts have continued to regularly re-examine and re-define the traditional boundaries of family law which tended to focus mostly legal relationships surrounding Divorce , Child Custody , and Child Support . Indeed, the on-going and increasingly vociferous national debates over the structure of the family, gender bias, and morality have become part of family as societal norms and preferences continue to evolve. Despite many changes made by state and federal legislators and the Courts, family law remains a contentious and largely confusing area of Canadian law, generating strong emotions from those who have had to enter the legal process.
We will work with you to provide the best guidance and the best solutions to resolve your family disputes and to do so in as much a mutually convivial atmosphere as possible, with a view to at all times promote the enhancement of family values and the overall interests of children and all the parties involved.
Real Estate Law
The two major types of real estate are commercial and residential real estate. Commercial real estate deals with the purchase, sale and lease of property for business purposes. Residential real estate deals with the purchase, sale and rental of land and houses to individuals and families for daily living.
There are a lot of legal issues and possible problems that may arise in the course of dealings on property. Again, there have been many instances of fraudulent dealings on real estate property and the uninformed or a client not represented by experiences real estate lawyers may fall into deep waters.
It is our duty to work with you so as to safely guide you through these problems and potential landmines, while you navigate through a successful transaction. Furthermore, most purchases of commercial and residential real estate require the buyer to obtain a mortgage from a bank or other lending institution. The documentation, processes and obligations of the parties in this respect are usually intricate and sometimes, downright confusing.
We will work with you to accomplish a successful borrowing from your lending institution and the fulfillment of your obligations to them.
Corporate & Commercial Law
Corporate Law, also known as Company Law or Corporations Law, is a branch of law that has close affinity to commercial and contract law. The law recognizes corporations as legal entities with a distinct legal capacity different from its owners, with legal capacity to sue and be sued in its corporate name and with authority to enter into contracts, and perform other duties necessary to maintain a business, separate from its shareholders. Corporate law covers the whole gamut of the relationship between shareholders, directors, employees, creditors, and other stakeholders such as consumers, among themselves, as well as their interaction with their respective communities and the environment.
Commercial or Business law, covers the areas of the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It transcends all areas of business undertakings and extends to issues of advertising, marketing, collections and bankruptcy . It covers both domestic and foreign trade between individuals and companies within national and across international boundaries and also regulates trade between states. Transactions relating to banking, contracts, negotiable instruments, secured transactions , and trade in general, all come within the purview of commercial law.
We have both Canadian and overseas experiences in corporate and commercial law practice, with specializations on all aspects of corporate practice, including the legal formation of corporations, tax structuring, joint ventures, licensing arrangements, mergers, acquisitions, business formations, securities law, venture capital financing, business agreements, internal forms, and business tax consultations, the administration of policies and procedures on corporate governance, organizational complaints, corporate risk management and regulatory compliance. We render comprehensive legal support for commercial activities, such as drafting and negotiating contracts (including construction and transportation contracts), procurement and supply contracts, memorandum of understanding, licensing, intellectual property, financing and consultancy services). We counsel clients on a range of business and legal regulatory issues (such as anti-corruption, ethics, fraud and abuse laws as well as facilitating healthy relationships with regulatory agencies).
Torts & Personal Injury Law
Torts Law encompasses the law of civil liability whereby, a person that causes harm must pay compensation (damages) to the person harmed. Some tortious claims may arise in the context of employment law or labour law matters, such as the tort of invasion of personal privacy, the tort of defamation (slander and libel); the tort of inducing breach of contract; the tort of negligence (leading to personal injury claims); the torts of negligent or intentional infliction of mental suffering (or nervous shock); the torts of assault and battery; and the tort of false imprisonment. It also includes personal injury claims and insurance claims arising from transportation and construction accidents and professional malpractice.
In all situations, we will work with you to protect your interest by addressing all claims which you may have in tort in the areas of your employment or other labour relations matters; advancing or defending claims in tort in the civil courts, or in the context of grievance arbitrations where for instance, the dispute arises out of the collective agreement.
Administrative Law deals with the decisions of administrative or quasi-judicial entities. These entities which are mostly government or government backed individuals and organs include government Ministers, various administrative tribunals (such as Immigration and Refugee Boards, Labour Relations Boards; Workers Compensation Boards; Privacy Commissioners; Employment Standards Branches; Human Rights Commissions and Tribunals). It also encompasses the procedures which these entities use to arrive at their decisions, as well as the substantive decisions arising from those procedures.
We will work with you to advance your rights in respect of these kind of decisions and to protect those rights where they are not being protected or where they are being outrightly breached. This way, we will work towards advancing or defending applications or complaints before various administrative decision-makers; advancing or defending judicial reviews of various administrative decision-makers across the various court hierarchies, depending on the decision being reviewed; advancing or defending appeals of judicial review judgments to the applicable appellate court; and generally advising and representing clients in all areas of administrative law.
Bankruptcy & Insolvency
Insolvency is the condition whereby an individual or a corporate entity, is unable to pay debts as they fall due or in the usual course of business. It is generally the failure to meet maturing obligations. Simply put, it arises when the debtor’s liabilities exceed the debtor’s assets. Insolvency therefore is not a formal legal status, but a recognition of the debtor’s ability or inability to pay debts.
On the other hand, the terms “bankruptcy” and “receivership” describe a formal legal status of the debtor that is the result of the insolvency of the debtor. Bankruptcy is therefore a formal legal state of an insolvent debtor where there is an assignment of its assets to a trustee in bankruptcy by operation of the law, whether voluntarily or by court order. The purpose of that assignment is to then allow the trustee to liquidate the assets so that the creditors may hopefully be paid some amount in a fair and orderly manner.
Receivership is a formal legal state of an insolvent debtor where a receiver is appointed over the assets of the debtor. Receivership is created at the instance of a creditor, who usually holds security over those assets. Receivership can be granted voluntarily by the debtor or the creditor can seek a court appointment of a receiver.
We will work with you to advise you of the opportunities that exist and the advantages, as well as, disadvantages that may apply for an insolvent debtor to invoke bankruptcy protection as a temporary means of allowing the debtor to present a proposal to the creditors, as a means of preventing the bankruptcy of the debtor. We will guide you through the processes and the timelines required to navigate through this highly technical area of the law and generally provide you the opportunity to resolve your financial incapacity and relaunch yourself to financial viability.
Notary & Commissioning
We are licensed as Notaries and Commissioners for Oaths and our authority extends not only throughout all the provinces of Canada, but throughout the world.
A Notary Public is a person who is authorized by law to give official recognition to certain government or private transactions or documents, commission documents, certify documents as true copies and to verify signatures. As both legal professionals and public officers, Notaries can write and keep documents which are considered “authentic.” The content of an authentic document is difficult to attack. When the original of an authentic document is kept by the Notary, the document cannot be lost or changed. Furthermore, these documents can easily be tracked Some of the documents that are required by law to be notarized to authenticate its legal status include: a marriage contract or a contract of civil union and their modifications; a gift of immovable property (land or building); a gift of movable property (unless the property is given immediately to the person receiving the gift); the renunciation of certain kinds of trusts; a hypothecation on immovable property; administering or commissioning oaths; taking affidavits, affirmations, acknowledgments, or declarations; certifying documents as true copies; and assisting with certain immigration documents (including passport application, permanent residence card application, consent to travel documentation, etc.). All other documents which under normal circumstances would suffice if commissioned, but which would be used out of province or outside Canada, must be notarized as the authority of a Notary Public is recognized all over the world.
A Commissioner for Oaths is a person authorized by law to take oaths or declarations, as in when you sign an affidavit or make a statutory declaration. The Commissioner is not responsible for the content of the affidavit, rather it is the responsibility of the person whose signature is being commissioned (the “deponent”). The deponent must understand not only the details to which he or she will attest but also the fact that he or she is swearing an oath vouching that the details are correct. In order for the commissioning to take place, the deponent must bring proper identification to prove their identity and the affidavit must be signed in the presence of the Commissioner.
“I am so thankful for Stanley Law Office. Their firm helped us get through some of the hardest times of our lives. They really care about their clients.”
Bobby Shane, Family Law Client