Todd Kathol: Attorney with Field Law
  • Partner at Field Law (122 Attorneys)
  • 400 - 444 7 AVE SW, Calgary, AB, Canada T2P 0X8
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    4.3/5.0 (2)
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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.

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.

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.

Outside of Work

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.

Presentations

Lecturer / Teaching Positions

The following is a list of lectures, classes, seminars or speaking engagements given or taught by Todd:

Sessional Instructor Legal Education Society of Alberta 2002 - 2015

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Todd:

Legal Developments in Public Construction Procurement Federated Press December 2015
Tendering Law Post Bhasin v. Hyrnew Canadian Bar Association - Construction Subsection November 2015
Law of Tendering Case Law Update Legal Education Society of Alberta February 2015
Legal Developments in Public Construction Procurement Federated Press October 2014
Managing Risk in Construction Contracts: Construction Case Law Update: How Will the New Cases Impact Your Business? The Canadian Institute November 2013 e taught the Contract Law and Documents course provided as part of the University of Calgary Faculty of Management's Construction Administration Certificate program.

Presentations

Lecturer / Teaching Positions

The following is a list of lectures, classes, seminars or speaking engagements given or taught by Todd:

Sessional Instructor Legal Education Society of Alberta 2002 - 2015

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Todd:

Legal Developments in Public Construction Procurement Federated Press December 2015
Tendering Law Post Bhasin v. Hyrnew Canadian Bar Association - Construction Subsection November 2015
Law of Tendering Case Law Update Legal Education Society of Alberta February 2015
Legal Developments in Public Construction Procurement Federated Press October 2014
Managing Risk in Construction Contracts: Construction Case Law Update: How Will the New Cases Impact Your Business? The Canadian Institute November 2013

Who We Represent

Representative Cases:

Renkinn Developments Inc (Renkinn Developments Ltd) v. Stevens, 2016 ABQB 549
Elan Construction Limited v. South Fish Creek Recreational Association, 2016 ABCA 215 ,
Elan Construction Limited v. South Fish Creek Recreational Association, 2015ABQB 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.

Areas of Practice (4)

  • Litigation
  • Construction
  • Insurance
  • Health Industry Services

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 Associations

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

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

Peer Reviews

  • 4.3/5.0 (2)
  • Peer Reviewed
  • Legal Knowledge

    4.5/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.0/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.0/5.0
  • Todd Kathol

    5.0/5.0 by a Associate on 09/29/09 in Civil Litigation on 09/29/09

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Todd Kathol

    3.6/5.0 by a Partner on 10/15/09 in Insurance Litigation on 10/15/09

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      3.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      3.0/5.0
    Read less

*Peer Reviews provided before April 15, 2008 are not displayed.

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