Business Operation: Alberta

Rules Amending Federal Courts Rules Registered

· 1 min read

On February 8, 2013, the federal government registered Rules Amending the Federal Courts Rules (“Rules”). The Rules are the result of a consultation process and are housekeeping in nature. Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general…

Recent Decisions from Courts of Appeal Provide Guidance on Restrictive Covenants

· 2 min read

In a time where employees are unlikely to remain with one employer throughout their working lives, employers often seek to put in place restrictive covenants to limit departing employees from competing with them, soliciting their clients/customers or using confidential information obtained in the course of their employment. The scope of restrictive covenants has recently been…

Alberta Court of Appeal Considers Restrictive Covenants and Fiduciary Duties

· 4 min read

In Evans v. The Sports Corporation, the Alberta Court of Appeal provides some important guidance on what classes of employees will be considered fiduciaries and what type of conduct will constitute solicitation of clients. Richard Evans was employed for six years by The Sports Corporation (“TSC”) as a sports agent responsible for TSC prospects and…

Proposed Anti-spam Regulations Published

· 1 min read

On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…

Amendments to CIRB Regulations Now in Force

· 2 min read

On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…

Regulatory Amendments Enacted to Allow CPPIB/PSPIB to Rely on Prudent Person Standard

· 1 min read

On December 14, 2012, Regulations Amending the Canada Pension Plan Investment Board Regulations were registered. As previously reported and of particular note, this amendment repeals section 12 of the Canada Pension Plan Investment Board Regulations (“CPPIBR”) which established quantitative investment limits in respect of Canadian resource and real properties. The repeal of this section aligns…

Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations

· 2 min read

Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…