All of Bow River Law LLP’s materials posted on YouTube are for legal information and discussion purposes only, and should not be considered legal advice. If you are in a legal situation, you should speak to a lawyer directly.
Bow River Law’s YouTube channel offers clear, accessible legal insights on employment issues affecting Albertans. We’ve curated a list of seven top videos that break down common concerns about Litigation Issues in Alberta, presented by our team of experienced employment lawyers.
S2 E12: What is civil litigation in employment law?
Speaker: Joel Fairbrother, Employment lawyer and partner at Bow River Law
This video explains the meaning of civil litigation in the context of employment law and distinguishes it from criminal litigation. Civil litigation involves legal disputes between parties seeking a court decision about legal rights or entitlements.
In employment law, civil litigation most commonly arises between an employee and an employer. The video outlines that:
- Employees may bring claims related to dismissal, harassment, discrimination, or unpaid wages.
- Employers may initiate claims involving alleged breaches of non-solicitation or non-compete agreements, or the misuse of confidential information.
- The role of the court is to determine which party is legally entitled to judgment based on the dispute.
The video emphasizes that civil litigation is a mechanism for resolving employment-related disputes through the courts, rather than addressing criminal wrongdoing.
What Is A Litigation Plan?
Speaker: Daniel Jonasson, Employment lawyer at Bow River Law
This video focuses on the purpose and structure of a litigation plan within the legal process. A litigation plan sets out the timeline and sequencing of steps that the parties must complete during litigation.
Key points discussed include:
- Litigation plans can be agreed upon by the parties or imposed by a court order.
- The plan outlines deadlines and procedural steps required throughout the case.
- Litigation plans are designed to help manage what can otherwise be a lengthy and complex process.
The video highlights litigation plans as a practical tool for promoting efficiency and organization in legal proceedings.
What is An Applicant?
Speaker: Joel Fairbrother, Employment lawyer and partner at Bow River Law
This video defines the role of an applicant in legal proceedings. An applicant is the individual or party who brings an application before a court or tribunal.
The explanation clarifies that:
- The applicant is the party requesting the court or tribunal to take action.
- Applications may involve procedural matters or seek a final determination of an issue.
- The applicant initiates the process by formally asking for a legal outcome.
The video provides a straightforward explanation of the applicant’s role within the application process.
What Are Aggravated Damages?
Speaker: Daniel Jonasson, Employment lawyer at Bow River Law
This video discusses aggravated damages and how they arise in employment law cases. Aggravated damages are a form of compensation that may be awarded by a court to a successful party.
The video explains that:
- Aggravated damages commonly appear in wrongful dismissal cases involving bad faith during termination.
- These damages may apply when an employer acts in an insensitive or inappropriate manner.
- Termination alone does not automatically justify aggravated damages.
- The availability of aggravated damages depends on the specific facts of each case.
The video stresses that context and employer conduct are central considerations in determining whether such damages may be awarded.
What Are Digital Records?
Speaker: Alexis Sine, Employment lawyer at Bow River Law
This video defines digital records and their relevance in legal matters. Digital records are any records stored in electronic format.
Examples discussed include:
- Emails
- Word documents and spreadsheets
- Recordings, photographs, scans, PDFs, and videos
The video explains that digital records are often relied upon as evidence, particularly when documentation is required to support legal claims or defenses.
What Is an Affidavit of Records?
Speaker: Amanda Jacinto, Employment lawyer at Bow River Law
This video explains what an affidavit of records is and its role in litigation. An affidavit of records is a sworn statement identifying all producible records relevant to a legal dispute.
The video notes that:
- Producible records are documents related to the litigation that are in a party’s possession or control.
- In employment law matters, examples may include employment contracts, records of employment, or termination letters.
- The affidavit serves to formally disclose relevant documentation during the discovery process.
The video emphasizes the importance of accurately identifying and listing relevant records.
What Is a Legal Cost Award?
Speaker: Michael Hernandez, Employment lawyer at Bow River Law
This video explains the concept of a legal costs award. A legal costs award is an amount ordered by a judge or arbitrator requiring one party to pay a portion of the other party’s legal expenses.
Key points include:
- Cost awards generally follow the principle that the losing party pays part of the winning party’s costs.
- These awards typically cover only a portion of the total legal fees incurred.
- Even a successful party in an employment case will usually still pay some legal costs personally.
The video highlights the importance of factoring potential unrecovered legal expenses into decisions about pursuing litigation.
Conclusion
Together, these videos provide clear explanations of foundational litigation concepts in Alberta employment law, including civil litigation, litigation planning, court applications, damages, evidence, disclosure obligations, and legal costs.
They offer practical context for understanding how employment disputes progress through the legal system. Readers are encouraged to explore the full Bow River Law YouTube channel for additional educational content and insights into Alberta employment law. As always, remember that these videos are not intended as legal advice. If you are in a legal situation, speak to a lawyer directly.
