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Biography

Joseph graduated law school in 2003. In 2011 he joined Carbert Waite LLP after practicing with a large regional firm practicing in insurance and commercial litigation. He became a partner of the firm in 2014.  His practice focuses on employment law, commercial litigation and plaintiff’s personal injury litigation. He has appeared as counsel before all levels of Court in Alberta.

In his employment law practice, Joseph represents employees and employers in all aspects of the employment relationship, including drafting employment agreements and workplace policies, advising on compliance with employment laws, conducting workplace investigations, representing clients in disability claims and human rights complaints, advising on terminations of employments and negotiating settlements and litigating wrongful and constructive dismissal claims.

In his personal injury practice, Joseph represents individuals who have been seriously injured as a result of the negligence of others. He draws significantly on his past experience in representing insurance companies in the defence of such claims earlier in his career, which has been invaluable.

In his commercial litigation practice, Joseph has significant experience representing businesses and businesspeople in a variety of commercial disputes, including contractual disputes, oppression claims, fraud claims and commercial tenancy disputes.

Outside of law, Joseph volunteers his time as a Director of an association that provides financial assistance to individuals in financial distress.

Education

  • University of Saskatchewan
    (LL.B, 2003)

Professional Memberships

  • Law Society of Alberta (2012)
  • Canadian Bar Association
  • Calgary Bar Association


Corporate and Commercial Litigation 2021

Carbert Waite June 7, 2021 Employment Law Webinar

June 21, 2021

On June 7, 2021 team members from Carbert Waite’s Employment Law Group hosted a webinar on The Post-Pandemic Workplace.

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Carbert Waite Lawyers Recognized as Best Lawyers in Canada for 2021

August 27, 2020

Carbert Waite is proud to congratulate several of our lawyers who have been awarded with The Best Lawyers in Canada (2021 Edition). This year’s list includes:  Blair Carbert Health Care Law Michelle Colley  Labour and Employment Law Bradley S. Dobbin  Corporate and Commercial Litigation Insurance Law Joseph Oppenheim Corporate and…

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Employers’ Duty of Good Faith and the Enforceability of Deemed Resignations

October 11, 2018

In Jonasson v. Nexen, 2018 ABQB 598, a major energy company was judged to have acted in bad faith by seeking to rely upon a deemed resignation clause in its leave of absence agreement (“LOA Agreement”). The employee was deemed to have been dismissed without cause. Wrongful dismissal and punitive…

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Explanation of Formal Offers

August 2, 2018

In most civil cases, the outcome is not entirely predictable. Generally speaking, there are three narratives to every case: (1) the plaintiff’s narrative; (2) the defendant’s narrative; and most importantly (3) the trial judge’s narrative, formed on review of all the admitted evidence.

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Federally Regulated Employers Be Cautious

January 5, 2017

In Wilson v. Atomic Energy of Canada Ltd.[1] the Supreme Court of Canada provided a critical clarification to the “unjust dismissal” provisions in the Canada Labour Code (the “Code”).[2] The Court ruled that the Code prohibits federally regulated businesses and organizations from dismissing most non-unionized employees without cause subject to…

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The Pendulum Swings Toward Employees Regarding Bonus Entitlements

September 22, 2016

Bonuses are typically used by businesses to incentivize employees to perform better. However, when bonuses are paid year after year, they become reasonably expected components of annual compensation. Complications arise when employers seek to exclude such bonuses from pay in lieu of notice.

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Personal Injury Law Update: Dismissals for Long Delay (“Drop Dead Rule”)

July 26, 2016

The Alberta Rules of Court require a plaintiff in a civil lawsuit to advance an action towards trial. If a plaintiff does not “significantly advance” the action for three years, the Court must dismiss the action for “long delay” on application by the defendant. This is colloquially known as the…

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Mental Illness in the Workplace: Legal Issues, Pre-emptive Solutions

May 27, 2015

here are various forms of mental health concerns ranging from mild depression and anxiety to severe depression and anxiety, bi-polar disorder or schizophrenia. Why is mental health in the workplace an issue?

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Update on the Law of Constructive Dismissal

April 22, 2015

On March 6, 2015 the Supreme Court of Canada released its reasons for judgment in Potter v. New Brunswick (Legal Aid Services Commission), 2015 SCC 10. In it, the Court clarified the law on constructive dismissal for the first time since Farber v. Royal Trust Co., [1997] 1 S.C.R. 846.

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Managing Disabled Employees

September 14, 2014

Common law rights of employers are restricted by human rights legislation. The Alberta Human Rights Act prohibits certain discriminatory employment practices that are otherwise permitted under the general laws of contract. Because disabled persons are a protected class, businesses cannot utilize employment practices that discriminate against them.

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Alberta Court of Appeal Confirms New Approach for Summary Judgment Mandated by Supreme Court of Canada

March 18, 2014

In Windsor v. Canadian Pacific Railway Ltd., 2014 ABCA 108 (Memorandum of Judgment released on March 19, 2014), the Alberta Court of Appeal adopted the new approach to summary judgment mandated by the Supreme Court of Canada.[1] This new approach ought to make it easier to obtain a final disposition…

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