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Document(s) published by this organization: 18


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HTMLEmployed in Name Only - An Employer’s Duty to Provide Work
Matthew Turzansky; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 9, 2015
Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The Plaintiff resigned and commenced an action for constructive dismissal...

 

HTMLCompeting After Employment (Part One)
Richard Stobbe; Field Law;
Legal Alert/Article
April 27, 2015, previously published on April 16, 2015
A key employee departs. The employer, worried that confidential information has leaked out of the company, scrambles to respond. After a frenzied period of preparation, the employer starts a lawsuit and seeks an injunction against the ex-employee.

 

HTMLWhat Happens When a Franchise Agreement Ends, Part Two: Cancellation
Richard Stobbe; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of any post-termination restrictive covenants.

 

HTMLTexas Justice Provides an Evidence Solution
Neil Kathol; Field Law;
Legal Alert/Article
April 27, 2015, previously published on April 16, 2015
Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in-hand? This article discusses a procedure under the District Court Rules of Texas which addresses this...

 

HTMLAre Restrictive Covenants in Sale Agreements Enforceable?
Christina Brownlee; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45). In this case, the Supreme Court of Canada put to rest a...

 

HTMLDrilling Down: Oil Prices and Innovation
Timothy C. Bailey; Field Law;
Legal Alert/Article
April 27, 2015, previously published on April 16, 2015
Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). ATB Financial predicts, however, that the price stability will begin...

 

HTMLEssential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike
Jason Kully, Jeremy Taylor; Field Law;
Legal Alert/Article
April 10, 2015, previously published on February 3, 2015
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of Rights and Freedoms. The 5-2 decision overrules legal precedents...

 

HTMLCourt of Appeal of Alberta Upholds Employers Anton Piller Order
Albert Nolette; Field Law;
Legal Alert/Article
April 10, 2015, previously published on January 29, 2015
Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an investment firm. The Order permitted the search and seizure of a former...

 

HTMLCommercial Contracts Include an Implied Duty of Good Faith
Jeff Major-Hansford; Field Law;
Legal Alert/Article
January 19, 2015, previously published on December 19, 2014
There has long been an implied duty that an employer must act in good faith when terminating employment contracts. Until now, such a duty was not necessarily implied in other commercial contracts. However, all companies should be aware that the recent decision of the Supreme Court of Canada in...

 

HTMLPIPA Update
Jason Kully; Field Law;
Legal Alert/Article
January 19, 2015, previously published on December 19, 2014
As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of Alberta (Information and Privacy Commissioner) v....

 


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