Field Law Document Search Results (18)
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|Drilling Down: Oil Prices and Innovation|
Timothy C. Bailey; Field Law;
April 27, 2015, previously published on April 16, 2015Some 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...
|Competing After Employment (Part One)|
Richard Stobbe; Field Law;
April 27, 2015, previously published on April 16, 2015A 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.
|Texas Justice Provides an Evidence Solution|
Neil Kathol; Field Law;
April 27, 2015, previously published on April 16, 2015Have 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...
|Are Restrictive Covenants in Sale Agreements Enforceable?|
Christina Brownlee; Field Law;
April 27, 2015, previously published on March 12, 2015The 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...
|What Happens When a Franchise Agreement Ends, Part Two: Cancellation|
Richard Stobbe; Field Law;
April 27, 2015, previously published on March 12, 2015In 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.
|Employed in Name Only - An Employer’s Duty to Provide Work|
Matthew Turzansky; Field Law;
April 27, 2015, previously published on March 9, 2015Will 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...
|Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike|
Jason Kully, Jeremy Taylor; Field Law;
April 10, 2015, previously published on February 3, 2015In 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...
|Court of Appeal of Alberta Upholds Employers Anton Piller Order|
Albert Nolette; Field Law;
April 10, 2015, previously published on January 29, 2015Among 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...
|Commercial Contracts Include an Implied Duty of Good Faith|
Jeff Major-Hansford; Field Law;
January 19, 2015, previously published on December 19, 2014There 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...
|B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853|
Gregory Sim; Field Law;
January 19, 2015, previously published on November 21, 2014The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s academic program. Graduates of recognized academic...