Elizabeth Fashler

Senior Associate
Norton Rose Fulbright Canada LLP

Elizabeth Fashler

Elizabeth Fashler

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Biography

Elizabeth Fashler practises regulatory and administrative law, with a particular focus on transportation and intellectual property matters. She acts as legal counsel to clients involved in litigation and arbitration proceedings, regulatory hearings, and judicial reviews of administrative decisions.

Elizabeth's transportation practice is primarily focused on railway regulatory matters but includes all manner of transportation-related issues. Elizabeth has significant experience advising clients in the rail sector on all aspects of Canadian rail regulation, including advancing and defending applications to the Canadian Transportation Agency for road and utility crossings and advancing applications for approval of constructing new railway projects.

Her litigation experience is primarily focused on intellectual property disputes, including disputes before the Federal Court of Canada and trade-mark oppositions and expungement applications before the Trademarks Opposition Board.

Elizabeth has appeared before the Federal Court, Federal Court of Appeal, provincial and superior courts of British Columbia and Alberta, Canadian Transportation Agency, and Trademarks Opposition Board.

Elizabeth is a lecturer on transportation law issues at the University of Calgary, Faculty of Law.

 


Professional experience

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J.D., University of British Columbia, 2008
B.A., University of British Columbia, 2004
  • Alberta 2013
  • British Columbia 2009
  • Represented Canadian Pacific Railway Company in an appeal from a cost apportionment decision rendered by the Canadian Transportation Agency. The Federal Court of Appeal found that Alberta Transportation had failed to disclose, to the agency or CP, the full nature and scope of Calgary's future facilities to be constructed under the new bridge, including the extent of the encroachment onto CP's right of way. While dismissing the appeal without costs as the issues were not properly before the agency, the Federal Court of Appeal found that CP required a remedy and invited the company to make an application for a rehearing of the original application raising any new grounds it may wish to advance (Canadian Pacific Railway Company v Attorney General of Canada, Canadian Transportation Agency, Her Majesty The Queen in Right of Alberta, as represented by The Minister of Transportation, and the City of Calgary, 2018 FCA 69)
  • Defended a technology company in an arbitration against claims of breach of contract, misuse of confidential information, and breach of good faith performance
  • Represented Vermilion Energy Inc. before the Trademarks Opposition Board opposing the registration of the word mark "Vermillion" in association with goods and services that overlapped with those of the Vermilion Energy Inc. The TMOB found that a number of the applied-for goods and services produced a reasonable likelihood of confusion and therefore would be removed from the application before being registered (Vermilion Energy Inc. v Vermillion Networks Inc., 2017 TMOB 61)
  • Represented CP in a dispute before the Canadian Transportation Agency over the terms of six utility crossing orders. The agency granted the crossings to CP and refused to order terms sought by the SaskEnergy and TransGas (the Utilities) (Agency Decision No. 355-R-2016). The Utilities applied for leave to appeal the Agency's decision to the Federal Court of Appeal. Leave was denied (SaskEnergy Incorporated et al v Canadian Transportation Agency et al. (March 2, 2017), Ottawa 16-A-26 (FCA)
  • Represented CP in an application by the cities of Cambridge and Kitchener for a road crossing over CP's right-of-way. The agency dismissed the cities' application at CP's request (Agency Decision No. 389-R-2016)
  • Represented the University of Calgary in an action by the plaintiff, who claimed specific performance of an alleged contractual obligation to admit her to a master of law program following completion of the Faculty of Law post baccalaureate certificate program. Successful application for summary dismissal of the plaintiff's claims. The court awarded increased costs against the plaintiff for failing to accept a formal offer to settle (Privalova v. University of Calgary, 2016 ABPC 146, additional reasons at Privalova v. University of Calgary, 2016 ABPC 179)
  • Defended company against claims of wrongful dismissal and entitlement to discretionary bonus/profit sharing of $750,000. Plaintiff awarded damages for wrongful dismissal and $750,000 for profit sharing at first instance. The BC Court of Appeal reversed the discretionary bonus/profit sharing award, determining no amount was owing (Nardulli v. C-W Agencies Inc., 2012 BCSC 1686, reversed in part in Nardulli v. C-W Agencies Inc., 2014 BCCA 31)
  • Worked on legal team defending parties in two related actions in which plaintiffs claimed copyright infringement, conversion, and misuse of confidential information (Professional Components Ltd. v. Rigollet, 2010 BCSC 688).
  • Worked on legal team representing the plaintiff publisher in an action for passing off, breach of Trademarks Act, and breach of copyright (Canwest Mediaworks Publications Inc. v. Horizon Publications Ltd., 2008 BCSC 1609 (B.C. Master), affirmed in Canwest Mediaworks Publications Inc. v. Horizon Publications Ltd., 2009 BCSC 391).
  • Canadian Bar Association
  • Law Society of Alberta
  • Law Society of British Columbia
  • Canadian Transport Lawyers Association
  • Canadian Railway Club
  • League of Railway Industry Women
  • International Trademark Association
  • Lecturer, Faculty of Law, University of Calgary