Prowse Chowne LLP

Employment Law

Prowse Chowne LLP offers our clients representation in all aspects of employment law. Our expertise comes from a clear understanding of Alberta’s employment-related legislation including the Employment Standards Code, Human Rights Act, Workers’ Compensation Act, and pertinent privacy legislation.

Our employment litigation team has extensive experience assisting both employees and employers.

As legal advisors, we assist our business owners/employers understand the law applicable to governing their employment relationships, including the drafting and negotiation of employment contracts and severance packages and employee rights on dismissal.

Likewise, we have vast experience assisting our employee clients to know and understand their rights and to guide them, both through negotiation and use of the court process, to favourable resolutions. Whether it is to assist in negotiating non-solicitation and non-competition agreements, to review employment contracts, or to litigate disputes surrounding severance, discrimination at the workplace or workers’ compensation issues, Prowse Chowne is fully equipped and able.

Insurance Law

Laws surrounding insurance, including insurance policies and claims, are referred to as insurance laws.

Our lawyers who practice insurance law are termed as ‘insurance defence attorneys’. The first category of insurance law consists of instances where our experienced insurance defence attorneys have represented clients who were sued for causing another driver’s injuries. In the second category of insurance law instance, our attorneys have helped insured people determine when an insurance company must pay a claim. In the third scenario, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations.

Prowse Chowne LLP is well experienced and knowledgeable in all kinds of insurance policies and our lawyers have helped many clients with our excellent skills and knowledge. There are many kinds of insurances - government and private. However, the term ‘insurance law’ usually refers to the law surrounding private insurance. Our skilled insurance attorneys have dealt with various clients with the most common types of private insurance such as health insurance, automobile liability insurance, homeowner’s insurance, life insurance, title insurance and malpractice insurance.

Intellectual Property Litigation

In Canada Intellectual Property encompasses Patents, Trademarks, Copyrights, and Industrial Designs.

We at Prowse Chowne LLP understand the value Intellectual Property has for a company and inventor and how infringement of those rights can affect not only the owner of the Intellectual Property but those being accused of infringement. Our experienced team has successfully represented clients in Federal and Provincial Court and consists of litigators, Patent Agents and Trade Mark Agents. Together we can assist you in developing a strategy to protect your intellectual property, or represent you in a pending or ongoing litigation.

The value of intellectual property can be a growing asset if managed properly. Our experienced group of Intellectual Property litigators can work with you to develop a strategy to enforce your registered intellectual property in an effective manner and defend infringement allegations.

Prowse Chowne’s intellectual property litigation team provides services in the following areas:

Patents

Patents are an integral part of our society and affect almost every aspect of our lives. The purpose of a patent system is to promote innovation and encourage growth. It enables the client to gain advantage for disclosing their inventions. Prowse Chowne LLP strives to protect the legal rights of innovators. A patent gives an inventor a 20-year monopoly, during which time other parties can be prevented from infringing the rights of the patent owner.

How patents affect our everyday lives.

Trademarks

Choosing a name for a product or an invention is always a challenge. Various factors and questions have to be considered as there is always the potential for confusion between two trademarks. With Bill C-31, the Economic Action Plan Act, 2014, receiving Royal Assent, there have been significant changes in the system of trademark implementation in Canada. At Prowse Chowne, we offer services keeping in tune with the recent changes in the law and the protection of your brands. Enabling you to choose and protect a strong trademark is our goal.

Copyrights

The copyright laws of Canada govern legally enforceable rights to creative and artistic works. Copyright provides owners of these types of work with protection against infringers. With the rapid advancements in digital media and communication technologies, many industries face new threats to their creations and copyright challenges.

Prowse Chowne LLP, can provide you with advice on whether infringement has occurred and, if so, what options are available to you to enforce or defend a copyright challenge.

Industrial Designs

Currently, Canadian law offers 15 years of protection to registered industrial designs. Prowse Chowne LLP can guide you through the registration process and available enforcement options.

Residential Real Estate

A home is an irreplaceable and a significant part of our lives and typically is one of the biggest investments you will make. This is why when we buy or sell a house, it should be ensured that we are protecting our hard-earned money by ensuring the proper steps are taken in the exchange of ownership between parties. A real estate lawyer will work with you, your real estate agent, your financial institution, and the other party’s legal counsel to ensure your rights and obligations are satisfied.

At Prowse Chowne LLP, we strive to provide you easy solutions while dealing with residential properties, in respect of buying, selling and mortgaging. We have an experienced and accomplished team that has a firm understanding of the importance of your transaction and the components involved. Our job is to ensure that you are given the information, support, and services to successfully complete the transaction.

Some of the frequently asked questions that our clients tend to have are addressed below:

When can I expect to meet my real estate lawyer?

Typically you meet your lawyer at least 10 business days before the closing of the transaction. This gives your lawyer enough time to obtain and missing information you may be required to provide, complete all types of documentation such as mortgages and assignments, communicate with related parties to allow your transaction to be completed as scheduled in your contract.

What are the items that make up my legal bill?

Generally, there are 4 items that are included in your legal bill. They are - legal fees, other fees and charges, disbursements to third parties and GST

What factors should I consider while choosing my real estate lawyer?

Unfortunately, people tend to focus mainly on the price as the first consideration when engaging a lawyer. However, price is only one factor to consider when you are carrying out any transaction involving your money and debt obligations. We would suggest that knowledge, experience, communication, and positive referrals are key components in selecting your lawyer. We recommend you communicate with the lawyer before you engage their services to determine how they satisfy the above criteria.

What is a Clearance Certificate?

A clearance certificate is required anytime the seller is or becomes a non-resident before the title of the property transfers to the other party. It is a confirmation from Revenue Canada that the proceeds of a sale by a person who is not a resident, need not be allocated for income tax or withholding purposes.

What is “Tenancy at Will and Possession”?

Possession will fall on the date specified in your contract and this is when keys are exchanged between the parties and is typically the same as the date of closing. However, because of the registration delays at the Alberta Land Titles Office, often the actual payment of funds to the seller’s lawyer can be delayed by a few days. In this case, “tenancy”, or a short-term lease, is requested on a tenancy-at-will basis and may be given to allow the buyer to move into the home.

What is the “Concept of Ownership”?

Under the English common law, the owner of property owned the lands from the heavens down to the earth’s core. This has been modified! In Alberta, the crown now owns all mines and mineral rights since 1905 by royal reservation unless specifically referenced upon title. All land in Alberta is registered at the provincial government land titles office. (LTO)

What are “Compliance” and “Non-Conformance”?

A real property report is typically provided upon the purchase of a single-family dwelling in Alberta. The lawyer will review this real property report for municipal compliance and disclosure of any issues or concerns. When a property is granted compliance from the municipality it means that the home complies with all city building codes and setback regulations. A property may also be deemed non-conforming which means that the home would not comply if built today, but because of the age of the home, it will be “grandfathered” by the city. Both are acceptable. If a property is deemed to be non-compliant that means that the municipality has found an issue disclosed on the real property report that does not comply with their requirements for land usage. In this situation, the issue must be remedied or application made for a variance so that the property is again acceptable to the municipality. Not having compliance or non-conformance to your real property report before the closing of the sale of a property may result in delays and holdback of funds.

What are “Title Searches or Encumbrances”?

The lawyer screens all title issues by requesting and reviewing the registered title to the land from the Alberta Land Titles Office. Any registration upon the title to the lands are known as encumbrances, some examples of which are mortgages, caveats, utility rights of way, encroachment agreements, party-wall agreements, restrictive covenants are all reviewed. Unless specifically agreed upon between the parties financial encumbrances are required to be discharged from title upon sale and purchase whereas non-financial encumbrances shall remain.

What are “Real Property Reports”?

A real property report is an engineering survey of a property. This report shows the location of improvements (ie anything built upon the land) including the house, garages, fencing, decks, covered walkways, sheds, fire pits, dog runs, hot tubs and driveways. The real property report is used by municipalities to ensure that the improvements upon the property satisfy municipal guidelines for safety and use.

What Are “City Taxes”?

Taxes are adjusted between the seller and the buyer by their respective lawyers. Taxes are assessed for a June 30th deadline based upon the billing period from Jan 1- Dec 31 of each calendar year. Depending on when you buy, you may receive either a credit from the seller or you may have to pay back the seller if they have already paid or prepaid on a monthly installment plan the taxes for the year.

How do I recover the property taxes I paid?

Property taxes are adjusted by your lawyer in the normal course of closing your transaction. You will be compensated by the buyer for any overpayments you have made, on a pro-rata basis, or you will be giving the purchaser a formal credit for any underpayment of the taxes that may be involved.

Who pays the realtors?

Generally, the seller is liable to pay all types of real estate commissions. When you sign the listing contract, you direct that the commissions will be paid from the proceeds of the sale. Your lawyer pays for any outstanding amounts as a part of the closing process.

Alternative Dispute Resolution

Alternative Dispute Resolution (or ADR) is the term used to describe a number of techniques used to settle disputes outside or in tandem with the Court process. The most common forms of ADR are Arbitration and Mediation. Private arbitration and mediation are cost-saving and often effective alternatives to court-based litigation proceedings.

Arbitration

During the arbitration process, opposing parties present their case to a neutral third party - the arbitrator - to whose decision they have agreed to be bound. The process can be tailor-made for each case and is quicker, less expensive and more private than conventional court processes. The rules of arbitration are set by the parties or agreed to ahead of time in a pre-existing contract that has become the subject of the dispute. In Alberta, any gaps in the process are filled in by the Arbitration Act.

Mediation

Mediation is a process whereby a trained mediator skillfully assists the opposing parties to see new perspectives and examine common interests that empower them to fashion their own creative solutions. The impartial mediator helps the parties reach a voluntary settlement. Because solutions are crafted by the parties themselves they tend to be more enduring. Mediation allows for a level of flexibility not possible through the courts.

Our Services

Prowse Chowne LLP assists clients involved in Alternate Dispute Resolution processes in two ways:

We have lawyers trained as Arbitrators and Mediators available to conduct these processes to a successful conclusion;

We act as legal counsel to parties involved in Arbitration or Mediation.

Resolution of disputes quickly and inexpensively is just good business. Let us help.

Corporate Services

Prowse Chowne LLP’s corporate services include activities that combine or consolidate certain business-related support services, based on specialized knowledge, best practices and legal advice to serve internal (and sometimes external) customers and business partners. Our corporate services provide much more than filing annual returns; we also act as the registered office for our corporate clients. We also provide ongoing advice and assistance that helps large national and international companies meet their legal demands.

Small, large and even mid-sized organizations rely on our services as we help them manage a wide range of corporate transactions. We derive immense pleasure by meeting our client’s unique needs and assisting them to transform and grow. Our corporate services include:

Annual Returns

We help our clients with various sources of returns that include dividends, returns of capital and capital appreciation. We also help them compare the performance of investments with liquidity, which includes stocks, bonds, funds, commodities and some types of derivatives.

Bylaws

Our bylaws services outline in writing the day-to-day rules for our clients’ organizations and also provide comprehensive guidelines to keep things running smoothly. We can formulate bylaws that outline the structure of an organization and customize them for each situation.

Developing Corporate Policies

Prowse Chowne LLP’s specialized corporate services team can straightforwardly develop corporate policies that involve identifying needs, gathering information, drafting, consulting and reviewing.

Shareholder Agreements

Our corporate services include information on the regulation of the shareholder’s relationship, the management of the company, ownership of shares and privileges, and protection of shareholders.

Tax Plans

We expertly provide a logical analysis of any financial situation or plan from a tax perspective and align financial goals with tax-free efficiency planning. Our purpose of tax planning is to determine how to accomplish all the other elements of a financial plan in the most tax-efficient manner possible.

Environmental Compliance and Due Diligence

Our corporate service professionals prepare concise reports that assess potential environmental liabilities risks, regulatory compliance and health and safety concerns at commercial facilities. We also provide timely consulting advice to corporations and legal clients to help manage business risk and maximize transaction value.

Environmental Liability Management

We have an integrated team that can provide Environmental Liability Management as a service to our clients. Our capabilities and approach are to deliver secure long-term management of potential liabilities either to effectively manage environmental legacies or to enable development.

Our professional corporate services include providing succession plans, amalgamations, dissolutions, re-organizations, incorporations and resolutions. Prowse Chowne LLP’s lawyers are well established to provide the best results to any organization that needs legal services and professional advice. Our team not only works to enhance the image of the client’s organization but also to contribute towards a professional working environment.

Personal Injury

Navigating the legal process after you have been involved in an accident can be stressful and confusing. We at Prowse Chowne recognize the upset which an accident or assault can cause and are here to assist you in managing the legal process and negotiating with insurance companies and other parties involved.

What kind of matters do you represent?

We represent clients in a wide variety of personal injury and fatality matters, including:

• Automobile and motorcycle accidents;
• Pedestrian/vehicle accidents; and
• Assaults

When should I retain legal representation?

We recommend speaking to one of our experienced personal injury lawyers as soon after the accident or assault as possible. When contacted early we can ensure that pertinent evidence is preserved and facts are recorded. We can also advise you on your available options, the time limits for commencing legal action and what parties may become involved.

Who can instruct the lawyer on behalf of a party involved in the accident or assault?

The answer to this will be determined on a case-by-case basis. Typically when a party cannot personally advise legal counsel due to a serious injury, death or age our lawyers will work with the individual who holds legal authority over another’s personal affairs such as a person named in a Power of Attorney, an Executor or Guardian. Just because you personally cannot instruct a lawyer does not mean that you cannot retain one and successfully defend or commence litigation.

To better understand the options available to you contact our offices for a consultation with our experienced Personal Injury team.