Patrick D. Fitzpatrick

Partner | Calgary

403.298.2437

Portrait of Patrick D. Fitzpatrick
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Passing Off: Preventing theft of your business’s identity

Protecting your business’s unique identity is key to building your business’s reputation and ensuring brand recognition. The common law developed the tort of “passing-off” in order to provide businesses with a remedy when one business attempts to steal the identity […]

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Do private investigators in Alberta owe a duty of care to a person they are investigating?

Introduction Do private investigators in Alberta owe a duty of care to a person they are investigating? The Supreme Court of Canada (“SCC”) and the courts of Alberta have yet to rule on this question, and there is conflicting case […]

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“Ha! Ha! Should have been more careful!” is not a defence to fraud

For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence, […]

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