Todd Kathol: Attorney with Field Law
  • Partner at Field Law (125 Attorneys)
  • 400 - 444 7 AVE SW, Calgary, AB, Canada T2P 0X8
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Biography

Todd Kathol is an experienced trial and appellate lawyer who handles commercial and construction-related litigation in Alberta on behalf of clients from throughout Canada. He regularly represents general contractors, owners, subcontractors, engineers, insurers, rural municipalities, creditors and others facing difficult and potentially costly construction disputes. These often involve property damage and consequential loss claims, bonding, tendering, builders' liens and professional liability, including errors and omissions.

He has also defended insurers, sureties, hospitals, chartered banks, product manufacturers, developers and oilfield service providers. Clients in the construction sector often turn to him to defend their interests pursuant to a Comprehensive General Liability or other insurance policies in claims arising from a defect claim or construction accident. He also has experience with fire losses, product liability, water nuisance, well - site damage claims and other multi - party litigation.

Todd has extensive motion, trial and appeal experience before the Alberta Court of Queen's Bench and Court of Appeal as well as hearings before administrative tribunals. He has a Master of Laws Degree focusing on construction law, is currently the chair of the Dispute Resolution group and is an active member of the Insurance Defence group in the Calgary office of Field Law.

Value to Clients

Litigation is lengthy and costly. Most clients don’t want to spend money fighting over a document or whether to answer a question. So, I try to fight the smart fights and not lose the forest for the trees. My ability to do so has improved with experience as well as familiarity with lawyers and Courts. My ability to keep perspective saves clients time and money and furthers the overall objective to effectively resolve the dispute at hand.

Outside the Office

Todd is part of his extended family's 100 mile relay run in the Kananaskis100 Relay, a springtime tradition that started 25 plus years ago. He has on his to do-list to qualify and run the Boston Marathon. When he's not running (seasonally) he skis, travels and still playing (semi) competitive men’s hockey. I'm not sure whether it's more about the beer or the hockey but I’m still holding my own.

Recognition

Litigation Star Alberta
Benchmark Canada
2016 - 2017
Recognized for work in Construction Law
The Best Lawyers in Canada
2018

Community

Calgary Legal Guidance

Experience

Renkinn Developments Inc (Renkinn Developments Ltd) v. Stevens, 2016 ABQB 549, Alberta Court of Queen's Bench

Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 220, Alberta Court of Appeal

Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 215, Alberta Court of Appeal

Geophysical Service Incorporated v. Encana Corporation, 2016 ABQB 230, Alberta Court of Queen's Bench

Geophysical Service Incorporated v. Encana Corporation, 2016 ABQB 229, Alberta Court of Queen's Bench

Pillar Resource Services Inc. v. Primewest Energy Inc., 2016 ABQB 120, Alberta Court of Queen's Bench

Condominium Corporation No. 0321365 v 970365 Alberta Ltd., 2013 ABQB 471, Court of Queen's Bench of Alberta

PI Financial Corp. v. Computershare Trust Company of Canada, 2011 ABQB 115, Alberta Court of Queen's Bench

Sehdev v. Colours by Battistella Inc., 2008 ABQB 248, Alberta Court of Queen's Bench

Carma Ltd. v. Calgary (City), 2007 CarswellAlta 2148, Alberta Municipal Government Board

Carma Ltd. v. Calgary (City), [2007] A.M.G.B.O. No. 222, Alberta Municipal Government Board

Rufnit Ranch Inc. v. Griffin, 2007 ABCA 205, Alberta Court of Appeal

Rufnit Ranch Inc. v. Griffin, 2007 CarswellAlta 997, Alberta Court of Queen's Bench

Calgary (City) v. Alberta (Municipal Government Board), 2004 ABCA 10, Alberta Court of Appeal

Calgary (City) v. Carma Developers Ltd., 2004 CarswellAlta 2360, Alberta Municipal Government Board

Edgelow v. Hooks, [2003] S.C.C.A. No. 406, Supreme Court of Canada

Koks v. Hivo Enterprises Ltd., 2003 ABCA 254, Alberta Court of Appeal

Stochinsky v. Chetner Estate, [2003] A.J. No. 984, Alberta Court of Appeal

Calgary (City of) v. Alberta (Municipal Government Board), [2002] A.J. No. 1137, Alberta Court of Queen's Bench

Calgary (City of) v. Alberta (Municipal Government Board), [2002] A.J. No. 1646, Alberta Court of Queen's Bench

Calgary (City) v. Alberta (Municipal Government Board), 2002 ABQB 843, Alberta Court of Queen's Bench

Devitt & Forand Contractors Inc. v. Inner Coast Interiors Ltd., 2002 CarswellAlta 692, Alberta Court of Queen's Bench

Edgelow v. Hooks, 2002 ABCA 7, Alberta Court of Appeal

Stochinsky v. Chetner Estate, [2002] A.J. No. 366, Alberta Court of Queen's Bench

Arndt v. Wannop, [2001] A.J. 1625, Alberta Provincial Court, Civil Division

Edgelow v. Hooks, 2001 ABQB 849, Alberta Court of Queen's Bench

Edgelow v. Hooks, 2001 ABCA 178, Alberta Court of Appeal

Edgelow v. Hooks, 2002 ABCA 7, Alberta Court of Appeal

Lammle's Western Wear Ltd. v. Redneck Jean Co., [2001] A.J. No. 8, Federal Court of Canada, Trial Division

Lammle's Western Wear Ltd. v. Redneck Jean Co., [2001] A.C.F. no 8, Federal Court of Canada, Trial Division

R. v. Coleman, [1998] A.J. No. 275, Alberta Provincial Court, Civil Division

Backer Petroleum Corp. v. A.B. Hollingworth and Son Construction Ltd., [1997] A.J. No. 322, Alberta Court of Queen's Bench

Condominium Plan No. 7810477 v. Condominium Plan No. 7711723, (1997) 55 Alta L.R. (3d) 198, 211 A.R. 338, 14 R.P.R. (3d) 249, Alberta Court of Queen's Bench

Alberta Mortgage and Housing Corp. v. Zurich Insurance Co., [1996] A.J. No. 663, Alberta Court of Queen's Bench

I.D. Foods Corp. v. G. Heileman Brewing Co., [1996] A.J. No. 1219, Alberta Court of Queen's Bench

I.D. Foods Corporation v. G. Heileman Brewing Co., [1996] 194 A.R. 108 (M.C.), Alberta Court of Queen's Bench

Stochinsky v. Chetner Estate, [2002] A.J. No. 68, Alberta Court of Queen's Bench

Alberta (Consumer and Corporate Affairs) v. Sturgeon Valley Auctions (1990) Ltd., [1995] A.J. No. 383, Alberta Court of Queen's Bench

O'Brien v. Brokop, [1994] A.J. No. 841, Alberta Provincial Court, Civil Division

News + Views + Events

August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers in Canada 2018Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers in Canada. Three of these lawyers are new additions a...
December 2015
Legal Developments in Public Construction Procurement
November 2015
Tendering Law Post Bhasin v. Hyrnew
February 2015
Law of Tendering Case Law Update
October 2014
Legal Developments in Public Construction Procurement
November 2013
Managing Risk in Construction Contracts: Construction Case Law Update: How Will the New Cases Impact Your Business?
November 2009
The Law of Tendering: How the Rules of the Game Affect You and Your Projects
2001-2003
Contract Law & Documents
1999
Official Marks Under Canada's Trade-Marks Act
1999
The Interface of Tort & Contract in the Canadian Construction Dispute
1993
Defence of Property in the Criminal Code

Notable Work

Condominium Corporation No 0610078 v. Pointe of View Condominiums (Prestwick) Inc, 2016 ABQB 609: Successful opposition to add contractor as a new Defendant to ongoing class action litigation.

Renkinn Developments Inc (Renkinn Developments Ltd) v. Stevens, 2016 ABQB 549: Precedent decision on arbitration provisions and delay in litigation in the case of a breach of construction contract.

Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 215 , Elan Construction Limited v. South Fish Creek Recreational Association, 2015 ABQB 330: Successful representation at trial and Court of Appeal of general contractor claiming damages against owner for breach of bidding obligations.

Setoguchi v. Unicrete (2014), (Alberta Provincial Court): Successful trial representation of homeowner in product liability claim against roof tile manufacturer.

Pillar Construction v. Primewest v. Equinox Engineering, 2014 ABQB 317: Successful representation against indemnity claim for project costs.

Jozsa v. Jozsa (2013), (Alberta Court of Queen’s Bench): Successful trial defence against constructive trust claim.

Online Constructors v. Speers Construction, 2011 ABQB 43, Online Constructors Ltd. V. Speers Construction Inc., 2012 ABCA 132: Successful trial and appeal representation of general contractor on concrete works dispute.

Blue Ridge Excavating v. Mobile Technical Services (2009), (Alta Q.B.): Trial representation of mechanic with shared liability in case of commercial bailment.

Carma v. City of Calgary (2008), (Municipal Government Board) : Rescission of Board decision on grounds of procedural unfairness.

Sehdev v. Colours by Battistella (2008), (Alberta Court of Queen’s Bench - Chambers): Precedent authority on enforcement of arbitration provisions.

Rufnit Ranch v. Griffin (2007), (Alberta Court of Queen’s Bench) Rufnit Ranch v. Griffin (2007), (Alberta Court of Appeal): Summary trial judgment and appeal in favour of purchaser client seeking specific performance of land sale.

Lorraine Carlson v. Boardwalk Equities (2007), (Alta Q.B.): Dismissal of claim against apartment to a jury trial.

AXA Pacific Insurance v. James Chamberlain (2005): Representation of successful Defendant in motor vehicle liability trial.

Carma v. City of Calgary (2004), (Alta C.A.): Successful judicial review of municipal assessment of environmental reserve lands.

Devitt & Forand Contractors Inc. v. Inner Coast (2002), (Alberta Court of Queen’s Bench): Trial judgment proving builder’s lien of subcontractor.

Lynett Field v. Heather Vircoe and Tracy Thompson (1999): Co-counsel representing successful Defendant in motor vehicle liability trial.

I.D. Foods Corp. v. Heileman Brewing Co. (1999), (Alberta Court of Queen’s Bench -Masters): Precedent authority on pre-trial remedy under Civil Enforcement Act.

Condo Plan No. 7810477 v. Condo Plan 7711723 (1997), (Alberta Court of Queen’s Bench) Condo Plan No. 7810477 v. Condo Plan 7711723 (1998), (Alberta Court of Appeal): Successful trial judgment and appeal against adverse possession claim in commercial land dispute.

Areas of Practice (7)

  • Construction
  • Insurance
  • Litigation
  • Builders' Liens
  • Construction Bonds
  • Energy
  • Products Liability

Education & Credentials

Contact Information:
403 260 8581  Phone
403 264 7084  Fax
www.fieldlaw.com
University Attended:
University of Calgary, Bachelor of Commerce, 1988
Law School Attended:
Queen's University, Bachelor of Laws, 1992; University of Toronto, Master of Laws, 1999
Year of First admission:
1993
Admission:
1993, Alberta
Memberships:

Professional

Law Society of Alberta, Canadian Centre for Continuing Legal Education
Instructor, Civil Litigation / Advocacy
2004 - Present
Canadian Bar Association
Executive Member
1993 - 2002

Reported Cases:
Who We Represent: Representative Cases: Condominium Corporation No 0610078 v. Pointe of View Condominiums (Prestwick) Inc, 2016 ABQB 609: Successful opposition to add contractor as a new Defendant to ongoing class action litigation.; Renkinn Developments Inc (Renkinn Developments Ltd) v. Stevens, 2016 ABQB 549: Precedent decision on arbitration provisions and delay in litigation in the case of a breach of construction contract.; Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 215; Elan Construction Limited v. South Fish Creek Recreational Association, 2015 ABQB 330: Successful representation at trial and Court of Appeal of general contractor claiming damages against owner for breach of bidding obligations.; Setoguchi v. Unicrete (2014), (Alberta Provincial Court): Successful trial representation of homeowner in product liability claim against roof tile manufacturer.; Pillar Construction v. Primewest v. Equinox Engineering, 2014 ABQB 317: Successful representation against indemnity claim for project costs.; Jozsa v. Jozsa (2013), (Alberta Court of Queen's Bench): Successful trial defence against constructive trust claim.; Online Constructors v. Speers Construction, 2011 ABQB 43, Online Constructors Ltd. V. Speers Construction Inc., 2012 ABCA 132: Successful trial and appeal representation of general contractor on concrete works dispute.; Blue Ridge Excavating v. Mobile Technical Services (2009), (Alta Q.B.): Trial representation of mechanic with shared liability in case of commercial bailment.; Carma v. City of Calgary (2008), (Municipal Government Board): Rescission of Board decision on grounds of procedural unfairness.; Sehdev v. Colours by Battistella (2008), (Alberta Court of Queen's Bench - Chambers): Precedent authority on enforcement of arbitration provisions.; Rufnit Ranch v. Griffin (2007), (Alberta Court of Queen's Bench) Rufnit Ranch v. Griffin (2007), (Alberta Court of Appeal): Summary trial judgment and appeal in favour of purchaser client seeking specific performance of land sale.; Lorraine Carlson v. Boardwalk Equities (2007), (Alta Q.B.): Dismissal of claim against apartment in at a jury trial.; AXA Pacific Insurance v. James Chamberlain (2005): Representation of successful Defendant in motor vehicle liability trial.; Carma v. City of Calgary (2004), (Alta C.A.): Successful judicial review of municipal assessment of environmental reserve lands.; Devitt & Forand Contractors Inc. v. Inner Coast (2002), (Alberta Court of Queen's Bench): Trial judgment proving builder's lien of subcontractor.; Lynett Field v. Heather Vircoe and Tracy Thompson (1999): Co-counsel representing successful Defendant in motor vehicle liability trial.; I.D. Foods Corp. v. Heileman Brewing Co. (1999), (Alberta Court of Queen's Bench -Masters): Precedent authority on pre-trial remedy under Civil Enforcement Act.; Condo Plan No. 7810477 v. Condo Plan 7711723 (1997), (Alberta Court of Queen's Bench) Condo Plan No. 7810477 v. Condo Plan 7711723 (1998), (Alberta Court of Appeal): Successful trial judgment and appeal against adverse possession claim in commercial land dispute.
ISLN:
900577688

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