Jason Kully
Jason Kully
Lawyer
Overview
Experience
Community
News + Views + Events

Jason Kully is an Edmonton-based lawyer serving clients in the practice areas of professional regulation and labour and employment. Jason’s clients include professional regulatory organizations, post-secondary institutions, and businesses of all sizes.

Jason serves as a legal advisor for a variety of professional regulatory organizations across many different professions, including health care, legal, real estate, engineering and geoscience, in matters involving governance, conduct and discipline, policies and procedure, privacy, registration, and unauthorized practice. He has appeared before tribunals to present cases concerning allegations of unprofessional conduct, and has also acted as independent counsel to tribunals.

Jason has experience working with several post-secondary institutions in Alberta, including Canada’s second-largest university, in matters involving institutional policy and procedure, legislative compliance, labour relations, human rights, contract matters, employment issues and administrative practice and procedure. 

Clients engage Jason for support on a number of labour and employment issues including: 

  • Advice on termination and layoff situations in unionized and non-unionized environments
  • Development of human resource policies
  • Advice throughout the collective bargaining process
  • Drafting employment agreements and assisting with the amendment of agreements 
  • Privacy breaches and addressing data integrity issues proactively

Jason frequently provides training on labour and employment and professional regulatory issues. Jason is a member of Field Law's Sexual Misconduct + Harassment Team, and has completed trauma-informed training. 

Jason’s experience clerking at the Alberta Court of Queen’s Bench has informed his own legal practice and has contributed to his development as an oral advocate for his clients. Although based in Edmonton, Jason works with clients throughout Alberta. 

Value to Clients

“When working with clients, I make sure I have a clear understanding of their financial and business priorities and then craft my approach to my client’s case accordingly. Through timeliness and efficiency, informed by a full understanding of their issues in a legal and business context, I can deliver effective solutions that take a bigger-picture view of the overall situation.”
 
Outside the Office
 
Jason’s love of food and enjoying cuisines from around the world keeps him busy when he isn’t in the office. Whether he’s traveling the world and diving into the local culinary scene somewhere abroad, or simply sampling the newest arrival in Edmonton’s vibrant restaurant scene, Jason is always enriching his cultural palate. Beyond food and travel, Jason also enjoys playing volleyball and ultimate Frisbee. 
Boyle Street Community Services
Member
2017 - Present
Zuk v Alberta Dental Association and College, 2018 ABCA 270
Alberta v Alberta Union of Provincial Employees, 2018 ABQB 221
Unifor, Local 777 v Alberta Teachers’ Association, 2017 CanLII 9154 (AB GAA)
Sticks and Stones Communications Inc v. Hole's Greenhouses & Gardens Ltd, 2015 ABQB 774
Board of Trustees Edmonton School District No. 7 v Alberta Teachers’ Association, 2015 CanLII 93831 (AB GAA)
June 2019
Public Communications That Do Not Cross the Line: Dealing with Claims of Defamation
Perspectives for the Professions
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician’s defamation claim against his regulator, his employer, and the government, should be dismissed as a result of the defences of truth and qualified pr...
May 2019
New Challenges to Free Speech on Campus
Alert
Last week the new provincial government announced its intention to require Alberta post-secondary institutions to enact policies about free speech on campus. While no specific proposals were released, and the Minister of Advanced Education said he inte...
March 19, 2019
Tips + Traps for Hearing Tribunal Members
Webinar
Fair and effective professional discipline hearings are essential to the professional discipline process. They are the core of the “peer review” process and a crucial element of professional discipline. Members of the profession and the pub...
March 2019
Restrictions on Communications During the Election for Post-Secondary Institutions
Post-Secondary Alert
Alberta post-secondary institutions are subject to new election laws restricting public communications during the 2019 election period.Bill 32, An Act to Strengthen and Protect Democracy, passed on December 12, 2017, introduces restrictions on advertis...
Winter 2019
2018 A Year in Review Seminar Series
Seminars
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Part 1: Human Rights ...
December 2018
2018 Field Law Post-Secondary Summit Recap
The third annual Field Law Post-Secondary Summit was held on November 29 in Edmonton, and was co-chaired by Greg Harding, QC and Derek Cranna. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the l...
August 2018
'Clearly Separate': Workplace Sexual Misconduct Not Captured by Employment Release
Canadian Employment Law Today
August 2018
“Clearly Separate”: Workplace Sexual Misconduct Not Captured by Employment Release
Workwise Newsletter
In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court of Justice held an employee’s claim for sexual harassment against another employee for conduct at the workplace ...
June 2018
Supreme Court Defers to Law Societies in Denial of TWU’s Law School
Professional Regulatory Alert
In the related decisions of Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, and Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33, the Supreme Court of Canada concluded that the Law Societies of British ...
October 2017
No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements
Professional Regulatory Alert
The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the regulation of activities w...
October 2017
Failure to Investigate Not Fatal to Just Cause Termination
Workwise Newsletter
The Alberta Court of Queen’s Bench’s recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centres around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also contains importan...
October 2017
Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us
Seminars
The provincial government's new Fair and Family-Friendly Workplaces Act has introduced profound changes to Alberta's Employment Standards Code and Labour Relations Code. Some changes are already in effect, and some come into effect on January 1...
September 2017
Your Career May Be An Open Book: Privacy and Regulatory Investigations
The CAP Monitor
June 2017
The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility
Professional Regulatory Alert
Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreeme...
May 2017
If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use
Professional Regulatory Alert
Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered Professional Accountants of Britis...
May 2017
Highlights of Bill 17: Alberta’s Fair and Family Friendly Workplaces Act ​
Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and family-friendly workplaces...
April 2017
Bill 7: An Act to Enhance Post-Secondary Academic Bargaining
Bill 7 passed first reading in the Alberta Legislature on April 6, 2017. The Bill is part of the Government of Alberta’s response to the Supreme Court of Canada decision that guaranteed workers the right to strike and comes after consultation wit...
April 2017
Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfil Mandate
Professional Regulatory Alert
In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to meet their public interest ma...
December 2016
The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind
November 2016
The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns
It may be assumed that when an employee says “I quit” or walks into his employer’s office, hands in his keys and says “I’m done” the employer can  accept the employee’s resignation and move ...
October 2016
Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
Professional Regulatory Alert
In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in P...
June 2016
Performance Reviews: Check-Ups Keep Regulators Running in Top Condition
Perspectives for the Professions Newsletter
What is a performance review?A “performance review,” also known as a “third-­party review,” is a rigorous, in­-depth assessment of the regulatory performance of an organization by an independent and objective o...
May 2016
Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority
Professional Regulatory Alert
In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducement...
February 2016
The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs
Professional Regulatory Alert
In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer inc...
January 2016
Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory
Professional Regulatory Alert
In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (&ldqu...
December 2015
Case Summary: Liability of Regulators for Negligence
Salehi v. Association of Professional Engineers of Ontario, 2015 ONSC 7271 (CanLII) (Ont Sup Ct), claim of regulatory negligence during registration struck on basis of no private law duty of care.Mr. Salehi, a foreign educated engineer, sued ...
October 2015
Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500
Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a reminder t...
July 2015
When is an Employee’s Disability a Factor in his Dismissal?
On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer terminat...
June 2015
Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings
Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits? That i...
May 2015
Alberta Courts Enforce Fair Access to the Professions: Farhat v. College of Physicians and Surgeons of Alberta
Professional Regulatory Alert
In Farhat v. College of Physicians and Surgeons of Alberta, 2014 ABQB 731, the Court of Queen’s Bench highlighted the importance of careful documentation to justify registration decisions and procedural fairness in the registr...
February 2015
Case Summary Levesque v. Nova Scotia College of Optometrists
Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22, dismissing judicial review and upholding decision to refer complaint to Hearing Committee. An optometrist challenged his College’s decision to refer a complaint to...
February 2015
Good Character and Reputation - The Registrar Knows Best!
Lum v. Alberta Dental Association and College (Review Panel), 2015 ABQB 12 is the first case in Alberta to determine the legal standard of review that applies to registration reviews by a Council. The Court held that the reasonablen...
February 2015
Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of Rig...
December 2014
PIPA Update
As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) ...
November 2014
Using social media in Canadian litigation
August 2014
Utilizing Social Media in Civil Litigation: The Collection, Preservation, and Value of New Forms of Evidence
April 2014
Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable
In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable.The Board’s decision is t...
Education
University of Alberta, 2012, Juris Doctor, With Distinction
University of Alberta, 2009, Bachelor of Arts, With Distinction, Political Science
Admissions
Alberta,2013