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Matt Riskin

Commercial Litigation, Health and Employment Lawyer at Bennett Jones Edmonton

Partner

Michael H. VanderMeer

Employment Services Lawyer at Bennett Jones Calgary

Associate

Homa Aminnejad

Articling Student at Bennett Jones Calgary

Articling Student

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s experience and involvement in the negotiations may also be used to resolve any apparent ambiguity in the termination clause.

Employment Termination Clauses Lessons From Singh v Clark Builders

Employment Termination Clauses: Lessons From Singh v Clark Builders

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb734/2024abkb734.html?resultId=d48fdd0c45c4457cb994e559bdd57032&searchId=2025-01-23T09:08:46:744/7ac350c01d0647318bfe1d1df149d807&searchUrlHash=AAAAAQAqcmVjb3JkaW5nIGF0IHRoZSB3b3JrcGxhY2Ugd2l0aG91dCBjb25zZW50AAAAAAE" target="_blank">2024 ABKB 734</a>) raises important questions about privacy, workplace ethics and the boundaries of “for cause” termination. The matter offers insight into the complexity surrounding after-acquired cause—that is, justifying a dismissal based on evidence discovered after the termination decision.

When is Recording at Work Grounds for Dismissal A Case of Nuance and Context

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

James J. Heelan KC

Commercial/Securities Litigation, Employment and Professional Negligence Lawyer and Mediator at Bennett Jones Edmonton

Laura Inglis

Sarah J. Huot

Litigation, Professional Negligence, Health, Employment and Estate Lawyer at Bennett Jones Edmonton

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (<a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb711/2024abkb711.html" target="_blank">2024 ABKB 711</a>), offers valuable insights into how courts balance the enforceability of restrictive covenants, employee rights, and employer interests. This case revolves around allegations of breach of restrictive covenants and the legal intricacies involved in assessing their validity.

Legal Precedent on Restrictive Covenants in Employment Agreements A Case Study

Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Sarah Paull

Commercial Litigation Lawyer at Bennett Jones Calgary

As the festive season begins and employers prepare for holiday social events, they should be digging out their workplace policies and checking them twice. No matter how well-intended, social events that are hosted or planned by an employer, or have some other connection to the workplace, can become a source of legal liability. These are most likely to arise as a result of either or both of the following: social host liability and the fact that company parties are considered to be extensions of the workplace.

Yule Be Sorry Avoiding Pitfalls of Employer Liability at Holiday Events

Yule Be Sorry: Avoiding Pitfalls of Employer Liability at Holiday Events

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Alberta Hotel & Lodging Association Annual Convention

Authors


Bennett Jones Speaking Engagement Alberta Hotel & Lodging Association Annual Convention April 16, 2019 Authors Matt RiskinPartner Matt Riskin presented "How Employers Deal with Problem Employees" at the Alberta Hotel & Lodging Association Annual Convention. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Matt Riskin, Partner Edmonton • 780.969.2659 • riskinm@bennettjones.com