FREQUENTLY ASKED QUESTIONS

Choosing a lawyer is an important decision, and it’s natural to have questions about the legal process, who we are, and what you can expect when working with our firm. Here, you will find answers to questions which are most commonly asked by our clients.

Please do not hesitate to contact us at any time. We would be pleased to meet with you at your convenience, and your initial consultation is without any charge or obligation.

Rodin Law Firm is an award-winning litigation firm dedicated to helping individuals, families, and businesses navigate complex legal disputes. While personal injury litigation remains the foundation of our practice, we also represent clients in matters involving medical and dental negligence, disability insurance disputes, civil sexual assault claims, employment law issues, and other forms of complex civil litigation.

Many of the cases we handle involve significant financial, personal, or professional consequences for our clients. Whether the dispute arises from an injury, a workplace issue, an insurance denial, or another civil matter, our goal is to provide practical advice, strategic advocacy, and effective representation tailored to the unique circumstances of each case.

If you are unsure whether your situation falls within one of our practice areas, we encourage you to contact our office for a consultation free of cost or obligation. We would be pleased to discuss your circumstances and help determine whether we may be able to assist.

Yes. Although Rodin Law Firm is based in Calgary, we regularly represent clients throughout Alberta. Over the years, we have successfully acted for clients located across the province, in communities both large and small.

Many of the matters we handle involve clients, witnesses, healthcare providers, employers, and organizations located outside Alberta. Advances in technology, virtual meetings, and remote court processes allow us to provide effective representation wherever we can be of service, regardless of where our clients are located.

While the majority of our practice is focused in Alberta, for decades we have successfully represented clients in British Columbia and Saskatchewan as well. If you believe you may have a legal claim, we encourage you to contact our office regardless of where you are located. We would be pleased to discuss your circumstances and determine whether we may be able to assist.

Nothing. All initial consultations are confidential, free of charge, and without obligation.

At Rodin Law Firm, we understand that contacting a lawyer can be as daunting as it is important. We believe everyone should have the opportunity to speak with an experienced lawyer and gain an understanding of their legal rights and the options which may be available to them, before making any commitments or incurring any cost.

During your initial consultation, we will take the time to understand your circumstances, answer your questions, and discuss the legal options that may be available to you. We will also explain any fee structures that may apply to your matter, and ensure that you have a clear understanding of the costs, risks, and potential next steps involved. Our goal is to provide the information you need to make an informed decision about how best to move forward.

In many cases, you won’t. Determining whether a potential claim exists often requires a careful review of the facts, applicable law, and available evidence. While some situations may clearly give rise to a claim, others can be far more nuanced and may require a detailed legal assessment before any conclusions can be reached.

If you believe you have been injured, treated unfairly, denied benefits, suffered a financial loss, or otherwise experienced circumstances that may have legal consequences, it is worthwhile to seek legal advice. An initial consultation can help identify potential legal issues, answer your questions, and provide guidance regarding the options that may be available to you.

You don’t need to know whether you have a claim before contacting us. Our job is helping you answer that question.

Getting started is simple. Contact our office by telephone, email, or through the contact form on our website to arrange a confidential initial consultation.

During that consultation, we will take the time to understand your circumstances, answer your questions, and discuss any legal options that may be available to you. If we believe we can assist, we will explain the next steps involved and ensure that you have a clear understanding of the process moving forward.

All consultations are confidential, free of charge, and there is no obligation to proceed after our initial meeting. Our goal is to provide the information and guidance you need to make an informed decision about how best to address your situation. We look forward to being of service.

In short, a personal injury claim may arise in any situation where you or a loved one has suffered injury as a result of the negligence of another person or organization. Common examples include injuries arising from motor vehicle collisions, recreational accidents, unsafe property conditions (slip and fall or trip and fall claims), and defective products. However, any situation in which you have suffered injury due to the negligence of another may give rise to a personal injury claim.

Whether a claim exists will depend on the specific facts and circumstances involved. Because each situation is unique, obtaining legal advice as early as possible is the best way to understand your rights and whether a claim may exist.

In Alberta, most personal injury claims must be commenced within two years of the date on which the claim arose or was reasonably discoverable. This is the general limitation period. However, there are important exceptions and special limitation periods which exist outside this general limitation period. For example, claims involving minors or individuals under disability, claims arising from sexual assault, or claims being brought against a municipality are all subject to different limitations periods and notice requirements. Limitation periods will have a significant impact on your legal rights, and it is strongly recommended that you seek an initial legal consultation as soon as is reasonably possible following an injury. 
Early advice can also assist in preserving evidence and identifying important deadlines.

In Alberta, the Minor Injury Regulation applies to certain injuries suffered as the result of a motor vehicle collision. Under the MIR, if you are involved in a motor vehicle collision and sustain certain specified injuries (including whiplash associated disorders, sprains, and strains), and those injuries do not cause a “serious impairment”, 
you may be deemed to have suffered a “minor injury”. If you are determined to have suffered a “minor injury”, the MIR will limit the amount of compensation you can recover for your pain and suffering (also called general damages).

However, not every injury that begins as a sprain, strain or whiplash condition will be deemed a “minor injury”; the key consideration is whether those injuries have caused a “serious impairment” to your life. This determination is highly fact-specific and will consider factors such as the severity and duration of your symptoms, the impact of your injuries on your work life, home life, and recreational pursuits, and whether the injuries result in persistent chronic pain or other aggravating conditions.

Because the application of the Minor Injury Regulations is complex and nuanced, it is important to seek an initial legal consultation before settling your claim with the insurance company, even if they assure you that your injuries are “minor”. Our team has successfully resolved many cases where injuries were initially described as minor, but later were shown to be far more significant.

No. Settlement offers should be carefully reviewed before they are accepted. Once a settlement is finalized, it is generally not possible to seek additional compensation later, even if your condition worsens. Before accepting any settlement offer, it is advisable to ensure that the nature and extent of your injuries are fully understood and that you have received appropriate legal advice.

The most important thing that any injured person can to do ensure a successful personal injury claim is to focus on their recovery and following the advice of their healthcare professionals. Seeking appropriate medical treatment and rehabilitation, attending recommended appointments, following the recommendations of your treatment team, and communicating openly and honestly with your healthcare providers will ensure three things:
  • First, that you are giving yourself the best possible chance of a full and complete recovery.

  • Second, that you are ensuring a clear, continuous, and chronological record of your injuries and progress towards recovery. These records will be extremely important during litigation, as they will paint a much clearer and more effective picture of your injuries and limitations that would exist otherwise.

  • Finally, that you are taking reasonable steps to mitigate your losses. Mitigation is a key principle of personal injury claims, and requires injured persons to take reasonable steps to support their recovery. In some circumstances, a failure to follow appropriate treatment recommendations may affect the compensation ultimately available.
There is no fixed list of medical conditions that automatically qualify a person for disability benefits. Eligibility for benefits will depend on the specific language of each disability policy and, more importantly, the extent to which a medical condition affects an individual’s ability to perform the duties of their occupation. Most people think of disability claims arising out of sudden and unexpected physical injuries. While these types of injuries do often give rise to disability claims, many claims are also related to slower or more gradually developing conditions, such as chronic pain, neurological disorders, cancers, cardiovascular conditions, mental health conditions, and other illnesses or impairments. The key issue is not the diagnosis itself, or how the injury or impairment arose, but rather the functional limitations that result from the condition. Because every policy and every claim is different, determining whether a person qualifies for benefits requires careful consideration of the medical evidence, occupational demands, and policy wording.

Under most long-term disability policies, benefits will be payable to a claimant only when they are deemed to be “disabled” under the terms of the policy. The majority of long-term disability policies will contain two separate definitions of “disability”, commonly referred to as the “own occupation” and “any occupation” periods.

Typically, during an initial period not usually exceeding two years from the date of disability (though this period may be longer or, more commonly, shorter, depending on the specific terms of the individual policy), a claimant will be deemed disabled and therefore entitled to benefits if they are unable to perform the essential duties of their own occupation. This is referred to as the “own occupation” period.

However, after that initial period of time, most policies will transition to an “any occupation” definition of disability. At this point, a claimant will only be deemed disabled and therefore entitled to benefits if they are unable to perform the essential duties of “any occupation” for which they are reasonably suited by their education, training, and experience. This “any occupation” definition of disability is much wider, and makes it far more difficult for claimants to qualify for benefits.

For example, consider a construction worker who suffers a serious back injury. During the “own occupation” period, they may qualify for disability benefits because their injury prevents them from performing the physically demanding duties of their actual job, such as lifting, climbing, and operating equipment. However, once the policy transitions to the “any occupation” period, the insurer may terminate benefits on the basis that the claimant is capable of performing a less physically demanding job, such as a dispatcher, estimator, scheduler, or an administrative role. At that point, the question is no longer whether the person can perform their actual job, but whether they can perform “any” job for which they are reasonably suited by their education, training, or experience.

This transition from “own occupation” to “any occupation” is one of the most common points at which disability benefits are denied or terminated. Whether an individual continues to qualify for benefits will depend on the specific language of the policy, the nature of their medical condition, and the evidence available regarding their functional limitations and vocational abilities.

Yes. The approval of a disability claim does not guarantee that benefits will continue indefinitely.

Most disability policies require claimants to periodically provide updated medical information, treatment records, and other evidence relating to their condition. The insurer will review this information and may conclude that the claimant no longer meets the policy’s definition of disability. Benefits may be terminated based on new medical information, changes in a claimant’s functional abilities, surveillance evidence, vocational assessments, or other information obtained during the insurer’s ongoing review of the claim.

However, the fact that benefits have been terminated does not necessarily mean that the decision is correct. Whether an insurer’s decision is justified will depend on the specific language of the policy, the available medical evidence, and the circumstances of the individual claim.

If your benefits have been terminated, it is important to seek legal advice promptly. Disability insurance policies often contain strict contractual limitation periods, and a delay in obtaining legal advice may affect your ability to challenge the insurer’s decision. An early review can help clarify your rights and ensure that important deadlines are not missed.

Don’t panic. Don’t assume the insurer is correct or is acting in your best interests. And most importantly, act promptly. A denial or termination of benefits does not necessarily mean that the insurer’s decision is correct. Disability claims are often complex, and disagreements can arise regarding medical evidence, functional limitations, policy interpretation, or the application of the policy’s definition of disability. If your claim has been denied or your benefits have been terminated, it is important to carefully review the insurer’s reasons for the decision and gather any relevant medical records, correspondence, or other supporting documentation, and seek a legal opinion with respect to your rights. In the interim, you should continue to follow the recommendations of your healthcare providers and to maintain records relating to your condition and treatment. It is also important to act promptly. Disability insurance policies frequently contain contractual limitation periods that may restrict the time available to challenge an insurer’s decision. Obtaining legal advice early can help you better understand your rights, evaluate the insurer’s position, and ensure that important deadlines are not missed.

The answer will depend on the specific circumstances of your claim and the language of your disability policy.

In Alberta, civil claims – including claims against your disability insurer – are generally subject to a two-year limitation period. However, many disability policies also contain contractual deadlines, notice requirements, appeal processes, or other provisions that may affect the steps that must be taken following a denial or termination of benefits.

Because of the various deadlines and procedural requirements inherent with disability insurance contacts, it is important to seek legal advice as soon as reasonably possible following a denial or termination of benefits. An early review can help identify important timelines, preserve your rights, and ensure that the appropriate steps are taken within the time permitted.

In certain cases, an insurer may invite a claimant to participate in an internal appeal process. While these appeals can be a means to resolving your dispute with the insurer, it is important to note that limitations and other deadlines may continue to run even while the appeal is underway. For this reason, it is important to seek legal advice as soon as is reasonably possible, so that you are fully aware of your rights and of the deadlines which you are facing.

Rodin Law Firm advises and represents both employees and employers in a wide range of workplace disputes and employment-related matters. Our experience acting for clients on both sides of the employment relationship provides valuable perspective when assessing legal issues, evaluating risk, and developing practical solutions. We assist employees and employers with matters involving wrongful dismissal, severance disputes, employment contracts, workplace investigations, constructive dismissal, human rights issues, and other employment-related concerns. Whether you are an employee seeking advice regarding your rights, or an employer navigating a difficult workplace issue, our goal is to provide clear guidance, practical advice, and effective representation tailored to your particular circumstances.
Unfortunately, there is no fast and easy formula for determining severance entitlement. In Alberta, an employee who is dismissed without cause will generally be entitled to “reasonable notice of termination”, or compensation in lieu of that notice. This means that when terminating an employee without cause, the employer must provide the employee with “reasonable notice” of their impending termination, so that the employee can find replacement work. If this notice is not provided (as is typical), then the employer needs to pay the employee their regular wages (an amount which will typically include base salary, plus any other “extras” which are typically paid in the ordinary course of the employment relationship, such as commissions, etc..) during the reasonable notice period. The amount of time that is “reasonable” for a notice period in any given cases will depend on a number of factors, including the employee’s age, length of service, position, compensation, and the availability of comparable employment opportunities. Many employees and employers are surprised to learn that “reasonable notice” periods exceed the minimum standards set out in employment legislation. In some cases, an employment contract may limit severance entitlements, though such provisions are not always enforceable and always monitored closely by the courts. Because severance entitlements are highly dependent on the specific circumstances involved, it is often advisable to obtain legal advice before extending or accepting a severance package or signing a release. Once a settlement has been accepted, it may not be possible to pursue additional compensation at a later date.
In most circumstances, yes. Contrary to what many people believe, an employer is not generally required to establish cause in order to terminate an employee’s employment. In most cases, an employer may terminate the employment relationship at any time, even without cause. However, whether cause exists is often one of the most important issues in an employment dispute, as it can significantly effect an employee’s entitlement to notice or severance. Where the employer alleges cause for the termination, generally they are taking the position that the employee engaged in misconduct, or otherwise breached the terms of their employment contract, to such a serious degree as to justify dismissal without notice or severance. While such situations do exist, establishing just cause is an onerous task for employers, requires significant evidence, and is always scrutinized closely by the courts. In practice, many employers will choose to terminate employees without cause, even where they believe just cause does exist, simply because of the significant evidentiary burden involved in establishing cause. Because the legal consequences of a termination can be significant for both employers and employees, it is highly recommended to obtain legal advice before making decisions that may affect your rights or obligations.
Constructive dismissal is an important legal concept for both employees and employers to be aware of. Constructive dismissal occurs when an employer makes a significant unilateral change to the terms of the employment relationship which effectively forces the employee to resign. Although the employer has not formally terminated the employment contract, if they made a change so significant that it made it impossible for the employee to continue working in their role, then the employer may be found to have “constructively” (ie, effectively) dismissed the employee. In such circumstances, the employer will be responsible for all the same notice and severance obligations as if they had, in fact, terminated the employment relationship without cause. Constructive dismissal can arise in many different circumstances, including substantial reductions in compensation, significant changes to job duties or responsibilities, demotions, relocations, changes to hours of work, or the creation of a hostile or intolerable work environment. The key issue is whether the employer’s conduct has fundamentally altered an essential term of the employment relationship. Constructive dismissal claims are often highly fact-specific and can be complex. Employers must be careful of making unilateral changes to the employment relationship which might be found to have fundamentally altered that relationship, lest their actions be found to constitute a constructive dismissal. On the other hand, employees should exercise caution before resigning in the face of changes to their work, as those changes may give rise to a finding of constructive dismissal. In such cases, it is recommended to seek a legal consultation as early as possible before taking action that may affect your legal rights or obligations, whether you are an employee or an employer.
Employment contracts often play a significant role in determining an employee’s entitlement to notice of termination or severance pay. However, these contractual provisions are not as ironclad as many employers believe. Many employment agreements contain termination provisions that attempt to define or limit an employee’s entitlement upon dismissal. In some cases, these provisions may restrict severance to the minimum standards required by employment legislation. In others, they may provide for a greater entitlement. However, not all termination clauses are enforceable. Courts closely scrutinize employment agreements, and a termination provision that does not comply with applicable employment legislation or is otherwise improperly drafted may be found to be unenforceable. Where this occurs, an employee’s severance entitlement may be substantially greater than the amount set out in the employment contract. For employers, a properly drafted employment agreement can provide certainty and reduce the risk of future disputes. For employees, it is important not to assume that a termination provision is necessarily valid or enforceable. Because employment contracts can have a significant impact on the rights and obligations of both parties, it is often advisable to obtain legal advice before relying on or agreeing to their terms.
Not every adverse medical outcome is the result of malpractice or negligence. A claim arises only where two elements are established: first, that the care provided by your healthcare practitioner fell below the standard expected of a reasonably competent practitioner in the circumstances; this is called a breach of the standard of care. Second, that the breach of the standard of care itself was responsible for causing or materially contributing to the injury you suffered; this is called causation. The assessment of standard of care and causation is nuanced, requires a good understanding of both medicine and the law, and more often than not, review by highly-specialized experts. An early, careful evaluation of your case by experienced legal counsel can help determine whether the circumstances of your situation may support a claim.
Medical and dental negligence claims are subject to strict limitation periods, which can significantly affect your legal rights. In Alberta, civil claims are generally subject to a two-year limitation period, though there is some nuance to determining exactly when this two-year clock begins to run. Additionally, there may be exceptions to this general two-year rule in certain circumstances, so it is important to seek legal advice early to ensure that your rights are preserved.
Medical and dental negligence claims are among the most complex and challenging of all civil claims. These claims are highly fact-specific and evidence-driven, and require a structured approach and a legal team experienced with the intricacies of medical litigation. The process generally begins with a detailed review of medical records, often predating the alleged negligence event by several years. Thereafter, it is typically necessary to involve one or more medical experts to provide an opinion on the issues of standard of care and causation. At this point, if the claim appears to be sound and supported by the evidence, legal proceedings will be formally commenced against the at-fault parties, and will proceed through the litigation process, which may involve record production, questioning, further expert evaluation, and ultimately resolution through negotiation, mediation, or trial.
In most cases, yes. Medical and dental negligence claims rely heavily on expert opinion throughout the course of proceedings. Initially, expert evidence will assist in determining what the appropriate standard of care was, whether that standard of care was met, and whether any departure from that standard caused or materially contributed to the injury. Later, expert evidence will help to provide a prognosis for future recovery, make recommendations for future care and treatment, and evaluate functional and vocational impairments.
You can expect a measured, thoughtful approach. Your lawyers should take the time to understand what has occurred, provide clear guidance on your options, and advance your claim with care and precision. 
The medical litigation process will be complex, but it should not feel opaque. Your lawyer’s role is to bring clarity, structure, and steady direction at each stage of the process.

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