Tess
Layton

Tess’s practice involves media and defamation law, privacy law, constitutional law, commercial litigation and administrative law.

Prior to commencing her articles with the firm, Tess clerked at the Court of King’s Bench in Edmonton.

Tess has experience advising and defending journalists and media organizations of all sizes, ranging from local and regional news outlets to major national and international broadcasters. She also acts for media entities, individuals, and corporations in relation to defamation claims brought in Alberta and elsewhere in Canada. She frequently provides pre-publication advice to a wide variety of media outlets in relation to news stories and investigations.

Tess also assists public bodies, including municipalities, school boards, and health organizations, on access to information and protection of privacy matters under both Alberta’s Freedom of Information and Protection of Privacy Act (FOIP), and the Access to Information and Protection of Privacy Act (ATIPP) in the Northwest Territories and Nunavut.  

In addition to her media and defamation work, Tess carries on a general commercial litigation practice and has been involved in complex litigation concerning large public and private companies. She also carries on a solicitor’s practice involving commercial transactions.

Tess has appeared at all levels of Court in Alberta. At the Court of Appeal of Alberta, she has advocated for the right of the media to receive notice of applications to restrict publication and access, and to determine the meaning of publication as it relates to the internet.

In addition, Tess has appeared before the Supreme Court of Canada three times respecting media law issues. In one instance, Tess was a member of RMRF’s team relating to an injunction brought against a major national broadcaster respecting articles posted to its website containing information subject to a publication ban. In another instance, Tess acted for the Canadian Media Lawyers Association (CMLA) in relation to the right of the public to access transcripts of Court of Appeal proceedings. In the third instance, Tess advocated for the right of the media to have advance notice of applications to restrict public and media access to court documents.

Tess teaches Communications Law at MacEwan University and frequently presents to clients and the legal community on issues related to media law, defamation, and privacy law.

Tess has previously worked as a flight instructor and commercial pilot. She retains her private pilot’s license.