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

Jason Kully is a partner in our Edmonton office 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. He has represented clients at all levels of court in Alberta, as well as a multitude of administrative bodies, including the Alberta Labour Relations Board, Alberta Human Rights Commission, and Office of the Information and Privacy Commissioner of Alberta.

Jason serves as a legal advisor for a variety of professional regulatory organizations across many different professions 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 is one of the authors of The Law of Regulatory Investigations in Canada, along with Jim Casey, KC and Michelle Casey, which focuses on legal issues that arise during investigations rather than during the adjudicative phase and takes a multi-disciplinary approach since the legal issues that arise across regulatory regimes are similar. Jason also co-authored The Annotated Health Professions Act, with Jim Casey, KC, Katrina Haymond, KC and Gregory Sim, which was published by Thomson Reuters in 2020 and is a practical guide for legal counsel and regulators and includes extensive annotations, commentary, templates and flowcharts.

Jason has experience working with several post-secondary institutions in Alberta, including Canada’s second-largest university, in matters involving institutional policy and procedure, governance, legislative compliance, labour relations, human rights, contract matters, employment issues and administrative practice and procedure. Jason has acted as the spokesperson in collective bargaining and also routinely provides support during the negotiation of collective agreements.

He has conducted workplace investigations and has advised clients on how to address the results of such investigations. 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. He 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 King’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.

Jason teaches human rights law at the University of Alberta Faculty of Law. He also provides pro bono assistance to the Student Legal Services of Edmonton Human Rights Project.

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
Board Member and Vice-Chair
2017 - Present
Alberta Crown Attorneys' Association v Alberta (Justice and Solicitor General), 2023 ABCA 120
Laguna v Athabasca University, 2023 AHRC 7
Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2022 ABCA 397
Alberta Crown Attorneys' Association v Alberta (Justice and Solicitor General), 2022 ABCA 332
Alberta Life Insurance Council v Simpson and Insurance Councils Appeal Board of Alberta, 2022 ABQB 396
Edmonton Police Service v Alberta (Information and Privacy Commissioner), 2021 ABCA 428
Alberta Crown Attorneys' Association v Alberta (Justice and Solicitor General), 2021 ABQB 949
Brxton Construction Ltd. v Respondent (Estate), 2021 CanLII 82414 (AB ESA)
Zuk v Alberta Dental Association and College, 2020 ABCA 162
Alberta Crown Attorneys’ Association v Alberta (Justice and Solicitor General), 2019 CanLII 113205 (AB LRB)
Labas Estate v Brxton Construction Ltd, 2019 ABQB 526
Zuk v Alberta Dental Association and College, 2018 ABCA 398
Zuk v Alberta Dental Association and College, 2018 ABCA 270
Alberta Crown Attorneys’ Association v Alberta (Justice and Solicitor General), 2018 CanLII 81569 (AB LRB)
Alberta v Alberta Union of Provincial Employees, 2018 ABQB 221
Unifor, Local 777 v Alberta Teachers’ Association, 2017 CanLII 9154 (AB GAA)
Board of Trustees Edmonton School District No. 7 v Alberta Teachers’ Association, 2015 CanLII 93831 (AB GAA)
Sticks and Stones Communications Inc v. Hole's Greenhouses & Gardens Ltd, 2015 ABQB 774
June 2023 - 8 min
The Right to Work from Home
Edmonton AM with Mark Connolly, Tara McCarthy
After allowing employees to work from home for most of the pandemic- more and more employers are mandating a return to the office, at least for part of the week. That has some employees asking: is there a right to work from home? Here to discuss those ...
April 2023 - 7 min
Know the Limits of Private Information
Edmonton AM with Mark Connolly, Tara McCarthy
A tight rental market in Alberta has led to some landlords asking for a lot of personal information from prospective tenants. CBC heard from some tenants who said landlords they dealt with were asking for their social insurance numbers, copies of drive...
April 2023 - 5 min read
Interim Orders: A Difficult Decision
Perspectives for the Professions
Legislation for many regulatory processes provides that interim orders, including an interim suspension, may be imposed before the conclusion of the investigation and adjudicative process. An interim order may be essential to protect the public while t...
March 2023
The Law of Regulatory Investigations in Canada
Field Law’s Professional Regulatory Group is pleased to announce the publication of a new book, “The Law of Regulatory Investigations in Canada” by James Casey, KC, Jason Kully, and Michelle Casey. Most administrat...
March 15, 2023
How Much Personal Information is Your Employer Entitled to?
Edmonton AM with Mark Connolly, Tara McCarthy
Personal information belonging to current and former Indigo Books employees was recently compromised in a massive hacking incident. To learn more about what information employers should and should not be collecting, Edmonton AM was joined by Jason...
January + February 2023
2022 - A Year in Review: Labour + Employment (Part 1)
Seminar + Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series will cover Labour, Occupational Health + Safety and Immigration. To view the ...
February 2, 2022
CNAR: February Virtual Discussion Event
What is the Public Interest?
Is the concept of public interest so ill-defined that it is not useful? Find out more in the next CNAR RCOR Virtual Discussion. These events serve to connect the regulatory community monthly to discuss hot topics in an unscripted and relaxed atmosphere...
November 22, 2021
Coffee + Counsel: COVID-19 + Professional Regulatory Organizations - A Potpourri of Legal Issues
Q+A Session
Join us for Coffee + Counsel, a complimentary webinar series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to professional regulatory organizations across Canada. Your questions guide the discuss...
June 22, 2021
Discipline Tribunal Essentials: Fundamental Skills
Virtual Workshop
Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes. Join James Casey, QC, Katrina Haymond, Jason Kully and others from Fiel...
January 2021
Field Law Announces Five New Partners
The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ...
October 2020 - 8 min read
Regulating the Use of Social Media by Professionals
The use of social media is widespread in today's world. It is used by nurses, doctors, lawyers, engineers, and other professionals to communicate with friends and others in both their professional and private lives. Social media use by professional...
July 8, 2020
WFH: Policies + Considerations Beyond the Pandemic
Webinar
The COVID-19 pandemic forced many employers and their employees to abruptly adopt work-from-home arrangements. Although the relaunch of the Alberta economy is underway, employers and employees have become accustomed to remote work and “Zoom&rdquo...
January 2020
The Annotated Health Professions Act
Published by Thomson Reuters
Written by James Casey, QC, Katrina Haymond, Greg Sim and Jason Kully, The Annotated Health Professions Act is written for both lawyers and members of professional regulatory associations and provides an overview of Alberta’s Healt...
December 2019
2019 Field Law Post-Secondary Summit Recap
The fourth annual Field Law Post-Secondary Summit was held on November 28 in Calgary and was co-chaired by Frank Molnar, QC and Greg Harding, QC. Brief summaries of the presentations given at the Summit are provided below. Innovative Governance During...
December 13, 2019
The Winds of Change in Professional Regulation are Approaching Gale Force
On November 27, 2019, the British Columbia Ministry of Health Steering Committee on Modernization of Health Professional Regulation released a report titled “Modernizing the provincial health profession regulatory framework”. The report ann...
September 2019
Can’t Have Your Cake and Eat it Too: No Wrongful Dismissal Damages if Disability Benefits Paid
Workwise Newsletter
In Belanger v Western Ventilation Products Ltd, 2019 ABQB 571, a Master of the Alberta Court of Queen’s Bench found that an employee who became disabled after his notice of termination was not entitled to wrongful dismissal damages because the em...
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, KC 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...
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...
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...
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...
Education
University of Alberta, 2012, Juris Doctor, With Distinction
University of Alberta, 2009, Bachelor of Arts, With Distinction, Political Science
Admissions
Alberta,2013