Field Law

Changes to Court Fees in Alberta

The Budget delivered by the Alberta Government on March 26, 2015 announced an increase in court filing fees. The new fee schedule went into effect on May 1, 2015. Some of the fee schedules coming from the Court of…more
| Civil Procedure, Insurance

Police and Adjuster Statements – Admissible or Not?

The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance…more
| Criminal Law, Insurance

Case Summaries: Expired Appeals

Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned…more
| Administrative Law, Civil Procedure, Finance & Banking

Standard of Review in Discipline Matter

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of…more
| Administrative Law, Civil Procedure, Education, Health

Determining Reasonable Notice: Is Character of Employment a Less Important Factor?

As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer…more
| Labor & Employment Law

Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500

Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a…more
| Civil Remedies, Civil Rights, Labor & Employment Law

October 2015 Brings Key Upcoming Employer Obligations: Minimum Wage Increases and Federal Election Responsibilities

The month of October 2015 brings two key milestones that all Alberta employers should be aware of. First, on October 1, 2015, the minimum wage in Alberta will increase. Second, on October 19, 2015, the federal election will take…more
| Civil Rights, Elections & Politics, Labor & Employment Law

When is an Employee’s Disability a Factor in his Dismissal?

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer terminated…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Making a Monkey Out of Copyright

The Monkey Selfie Caper apparently has legs, as they say in the news business. Long legs with opposable toes. (For background, see our earlier post: Monkey See, Monkey Do… However Monkey Does Not Enjoy Copyright Protection) On…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Dear Trademark: Don’t Ever Change

Change is not always good, particularly in the world of registered trademarks. If your trademark changes over time - due to the vagaries of marketing trends, fashion, style - you may find that your mark no longer matches the…more
| Intellectual Property

Limitations of Liability: Do they work in the Alberta Oilpatch?

Let’s consider that contract you’re about to sign. Does it contain a limitation of liability? And if so, are those even enforceable? It’s been several years since we last wrote about limitations of liability and exclusion…more
| Commercial Law & Contracts, Energy & Utilities

Apple’s Liability for the Xcode Hack

I don’t think I’m going out on a limb by speculating that someone, somewhere is preparing a class-action suit based on the recently disclosed hack of Apple’s app ecosystem. How did it happen? In a nutshell, hackers were able to…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Forum Selection in Online Terms

Let’s say you’re a Canadian company doing business with a US supplier - which law should govern the contract? ‘Forum selection’ and ‘governing law’ refer to the practice of choosing the applicable law and venue for resolving…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

What Happens When a Franchise Agreement Ends, Part Three: Rescission

In our previous posts (See Part 1 and Part 2), we reviewed restrictive covenants and cancellation rights under franchise laws. In a recent decision out of the Ontario Court of Appeal, the dispute focussed on the right of…more
| Commercial Law & Contracts, Franchise Law

Patent Update: Infringement and “Non-Infringing Alternatives”

If you are a patent owner, you are entitled to damages if someone infringes your patent. The measure of damages is compensatory damages, lost profits or a “reasonable royalty”. Is it fair for the infringer to say that the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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2000, 10235 - 101 Street NW
Edmonton, AB T5J 3G1 , Canada

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Number of Attorneys

100+ Attorneys

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