Litigation

Employee-Employer relationships in Alberta are governed by legislation (such as the Employment Standards Code and the Alberta Human Rights Act), collective bargaining agreements, employment contracts and the common law.

The most common employment law disputes arise or involve decisions made during the commencement and/or the termination of an employee from his or her employment.

Our legal team can assist employees and employers to understand their rights and responsibilities as it relates to this area of law, including the review or preparation of employment agreements (including confidentiality and non-compete provisions), severance package reviews, as well as defending against or advancing claims for human rights abuses, breaches of fiduciary duties, constructive dismissal, wrongful termination and appropriate severance payments.

Our firm also deals with the drafting and review of independent contractor agreements (including confidentiality and non-compete provisions) and disputes between businesses and contractors involving such. This area of law can often overlap into employment law if the contract in question and the actions of the parties, though originally stated to create a contractual relationship, actually create an employment relationship in the eyes of the law.

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

Recent Published Decisions

Successfully defended departing CEO from an injunction application brought by major national law firm on behalf of their client, a software and hardware manufacturer.

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When loved ones pass, their Will and the personal representative appointed therein, are usually sufficient to administer their Estate without dispute. Unfortunately, such is not always the case.

For example, in many cases the deceased will not have properly executed a valid will, therefore triggering a unique set of rules for the administration the estate. In other instances, an otherwise valid Will may not take into account the rights of dependents, a spouse or an adult interdependent partner (common law spouse). Sometimes personal representatives appointed under a Will are not administering the Estate in accordance with the wording or intent of the Will. There are even instances where a Will had been signed or altered under undue influence or without the individual being mentally capable of understanding what he/she was doing at the time.

Whether one is a personal representative defending against an unsubstantiated allegation or a potential beneficiary advancing a legitimate claim, our legal team is able to assist clients to obtain Court assistance in these matters.

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

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Construction projects are often at the center of commercial litigation disputes. Whether it’s a subcontractor trying to secure payment from a large developer for work performed or materials supplied to a project, a builder seeking to limit its liability for the incompetency of a contractor, or a general contractor losing money and profits because of delays caused by the project owner or its sub-trades, disputes in this area can often be complicated and overwhelming to those unfamiliar with the relevant legislation and court procedures governing this area of the law.

The Builders Lien Act is the primary piece of legislation regulating the construction industry, and understanding its unique and often confusing provisions (and how courts have interpreted these provisions) is often the difference between financial success and significant loss.

Filing a Builders Lien may seem quite simple; but enforcing or defending against a lien claim is quite another matter! Furthermore, there are specific hard deadlines that must be met for filing the lien and for taking additional lien enforcement steps. The owner, general contractor and subcontractors all have extensive rights, protections and obligations under the Act that may arise or become relevant depending on the circumstances. And although the Builders Lien Act provides for resolving lien-based disputes in an expedited manner, this is only possible with a carefully planned and executed litigation strategy.

Our lawyers have successfully litigated several Builders Lien matters ranging from residential construction projects to successfully collecting payment for a mid-size sub-contractor against one of Canada’s largest oil sands companies – click here to view Hamil v. CNRL

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

Recent Published Decisions

Represented subcontractor in the enforcement of its lien for off-site work against one of Canada’s largest oil sands producers.

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Commercial Litigation involves far more than simply understanding our complex court system and rules; it involves working with clients to gather the relevant facts, formulating a fact specific strategy, and absent a negotiated or mediated settlement, thorough courtroom preparation and advocacy.

Often the most complex cases can be resolved through a few strategic court applications. Conversely, what might seem like a simple and straightforward claim or defense to an unfounded allegation can involve a very difficult but necessary trial.

Our firm’s objective is to present our clients with what we believe to be the most effective strategy for their unique case based on the amount of the claim at issue, the urgency in resolving the matter, the availability and quality of evidence, and each client’s unique circumstances, resources and risk tolerance.

Our lawyers have experience in representing both plaintiffs and defendants in a variety of issues and disputes including in the areas of:

  • Contractual disputes
  • Shareholder and Business Disputes
  • Builders Liens and Construction
  • Leases, Landlords and Tenants
  • Estate Litigation
  • Negligence Claims
  • Libel and Defamation
  • Intellectual Property, Trademark and Copyright
  • Constitutional and Human Rights
  • Employment
  • Personal Injury
  • Appeals
  • Many Others

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

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