In today’s unpredictable world, ensuring your business is prepared for health and safety challenges is more important than ever. Whether it's navigating Occupational Health and Safety (OHS) regulations or developing a robust crisis management...

Back by popular demand! After receiving an overwhelming number of requests for a more in-depth session, we're excited to bring back Dr. Alto Lo, MD, FRCPC, CSCN Diplomate (EMG) for part two of his highly popular seminar. This time, Dr. Lo will ...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. This presentation will focus on people: t...

Join Saul Abrams and Stephen Doyle for a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From understanding the intricacies of cross-border co...

The Government of Alberta introduced Bill 33: the Protection of Privacy Act (POPA) to replace the existing Freedom of Information and Protection of Privacy Act (FOIPPA). POPA does not represent an entire reworking of existing legislati...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

Join us for Coffee + Counsel, a complimentary webinar series where you can connect with our lawyers for an unscripted discussion about legal issues relevant to organizations operating in Alberta and the Northwest Territories. We'll be sharing our l...

With a rise in complaints, regulators are facing a challenge with "vexatious" or "frivolous" cases—complaints intended to harass or relitigate issues without merit. Depending on the governing statute, regulato...

Westport Insurance v. BDA Inc. considers the interplay between a surety’s general indemnity agreement and an adjudication award under Ontario’s Construction Act. While noting that a surety may, in theory, have priority over...

We are pleased to announce that Field Law has been recognized in the inaugural edition of Best Law Firms - Canada Region (2025 Edition) for the below practice areas and jurisdictions. National Rankings Tier 1 Personal Injury Litigation Trusts...

Join us for our annual summit which focuses on key strategic and legal issues facing Alberta’s post-secondary institutions.Date: Wednesday, October 30 Time: 8:30 AM - 4:30 PM Location: Holiday Inn Edmonton South, Evari...

This case informs how parties and their lawyers should evaluate the limits to expert evidence set out in section 558.1 of the Insurance Act, R.S.A. 2000, c. I-3. In this case, the allegedly injured plaintiff successfully petitioned for...

It is imperative that farm and ranch owners formalize strategic succession and estate plans for operational continuity. Intestacy can do more than stymie family farm longevity: a lack of estate planning is a large contributor to the de...

Join Jill Bishop and Grant Szelewicki for a lunch and learn that will bring you together with a few of our lawyers to discuss the changes to the Alberta Rules of Court and how the courts are interpreting them.Topics covered during t...

The Guarantee Company of North America v. Raeside highlights the enforceability of surety rights under a General Indemnity Agreement (GIA). For a party to advance defences such as non est factum or relief from forfeiture, substantial p...

Join Field Law and Dr. Alto Lo, MD, FRCPC, CSCN Diplomate (EMG) for a complimentary lunch and learn that will provide insurance professionals with a better understanding of the field of physical medicine and rehabilitation, and the injur...

Members of the public can vote for their favourite local community-focused projects to receive funding Starting today, all residents of Alberta and the Northwest Territories (NWT) are encouraged to vote to support their favourite community-focused p...

Buying your first home is a major milestone for couples. Along with choosing the right property, location, and mortgage, it’s equally important to think about what happens to your home and assets if something unexpected occurs. Integrating estate...

Understanding and protecting your intellectual property (IP) is crucial for any business looking to innovate, grow, and maintain a competitive edge. Whether you’re a startup or an established company, having a solid IP strategy can help you maxim...

The Supreme Court of Canada’s decision in York Region District School Board v Elementary Teachers Federation of Ontario highlights the need for regulators to consider both Charter rights and values in disciplinary proceedings. Ev...

Appeals of discipline decisions arising from a Hearing Tribunal are a complex and nuanced process to navigate as counsel, participants, staff members or decision makers.Join Gregory Sim and Vita Wensel from Field Law’s Profess...

Directors and officers of Alberta corporations may need to pay for their own legal defense if sued or investigated unless they have an agreement with the company for advancement of legal fees. While indemnity is possible after proceedi...

We are deeply saddened to announce the passing of Anne Côté on September 18, a remarkable legal mind and cherished former partner at Field Law. Called to the Alberta Bar in 2002, Anne dedicated many years to the practice of law, concentrat...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking.Have a legal question? Want to learn what other issues are plaguing...

In British Columbia, the Builders Lien Act provides security to contractors and suppliers by allowing them to place a lien on a property for unpaid work or goods. A recent BC court case addressed whether the validity of such a lien, ch...

Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes.Join Jason Kully and Francesca Ghossein from Field Law’s Prof...

Local individuals and organizations are encouraged to apply for funding to allow them to continue their great work in the community Applications are now open for the 2024 Field Law Community Fund Program. Charitable organizations, non-profits and i...

Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

Two recent Alberta Court rulings highlight the importance of compliance with workplace drug and alcohol policies, especially in safety-sensitive roles. The courts upheld the enforcement of these policies, even when employees disputed t...

The British Columbia Supreme Court ruled against an employer who added restrictive employment terms after an employee had accepted a job offer, finding the new terms unenforceable due to a lack of fresh consideration. The decision high...

As the Paris Olympics recently came to a close, we reflected on the many incredible athletic performances, the touching stories of personal triumph, defeat and resilience, and the heartwarming camaraderie shown amongst nations’ athletes. We now p...

Canada's AI regulation is still in development, with the Artificial Intelligence and Data Act under review in Parliament. In the meantime, voluntary guidelines are in place, and provincial and international efforts are progres...

In Wood Buffalo (Regional Municipality) v Malcolm, the Alberta Court confirmed that constitutional arguments can be raised in court as a permissible collateral attack if the administrative body lacks jurisdiction over such questions. H...

In Todd Brothers Contracting Ltd. v Wessuc Inc., the Ontario Court rejected Wessuc's claim on a Labour and Payment bond due to failing to meet the bond's strict notice requirements and unreasonable behavior. The Court exam...

Arbitration is a common dispute resolution mechanism for construction and other commercial litigation matters. One of the main benefits is that arbitrations are typically final and binding, subject to limited ability to seek leave to a...

The case of Hourie-Peebles v. Dinosaur Trail Golf underscores the importance of timely legal actions. Martha May Hourie-Peebles' personal injury claim was dismissed due to inordinate and inexcusable delays, which significantly prej...

In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employer ...

The Alberta Court of King’s Bench recently ordered the disclosure of various records concerning the employer’s decision to terminate the employee’s employment for cause. The employer claimed that the records fell with...

A ruling out of the Alberta Court of Justice emphasizes that property damage claims covered by s. 585.1 should follow the guidelines of s. 585.1 and section A.1 of the Auto Policy. While Justice Argento's decision doesn't dicta...

Join global supply chain experts Achilles and Field Law for a discussion centred on the global wave of supply chain legislation, its connection to ESG principles and the risks and the opportunities for Canadian businesses. Embracing Environmental, S...

Rest. Physiotherapy. Vestibular training. Neuro-optometric rehab. Cognitive rehabilitation. Psychological treatment. The therapeutic treatment modalities available for the relief and improvement of concussion related symptoms have ballooned in r...

To withdraw admissions, the applicant must demonstrate: (1) that the proposed amendment raises a triable issue, (2) there is a reasonable explanation for the withdrawal, and (3) that the withdrawal will not result in prejudice to the r...

This case highlights that prudency when drafting or agreeing to an exclusion clause in a purchase agreement is critical. Wording isn’t everything - a court will analyze each party’s intentions and the facts surrounding the ...

In 2016, Canada legalized Medical Assistance in Dying (MAiD), sparking debates on patient eligibility and judicial oversight of medical decisions. In March 2024, a pivotal case, WV v MV, addressed these issues. MV, a 27-year-old was ap...

The Ontario Court of Appeal case R v Hason highlights the critical issue of unreliable expert testimony. The conviction of Richard Hason was influenced by the testimony of Dr. Scott Woodside, whose credibility was later questioned due ...

The majority of the work done by Council members consists of governance with respect to the College’s regulatory functions and operations. Council members also have important adjudicative functions, and are also responsible for conducting re...

The actions of employees outside of work hours can have significant implications for their careers and their employer’s business. As employees and employer both navigate an increasingly connected world, it is vital to understand the boundaries of...

In a recent 5:4 decision, the Supreme Court of Canada ruled that IP addresses carry a reasonable expectation of privacy and should be considered personal information. This landmark decision means that requests for IP addresses by law e...

Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes. Join Gregory Sim, Kimberly Precht and Vivian Stevenson, KC&nb...

While the U.S. and Ontario have recently banned the use of non-competition covenants (Non-Competes) in most employment contracts, Alberta still relies on common law to enforce them. Courts in Alberta are cautious, requiring employers t...

Trademarks often evolve as part of a brand refresh or rebrand, raising important questions about maintaining trademark rights. Before undertaking a brand refresh, consult your trademark agent to determine if a new trademark application...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.Professional regulatory bodies, whether small or large, are complex organizations with mandates to govern professions in the publ...

Trademarks frequently become points of contention among competitors, with social media posts now playing a significant role as evidence in these disputes. It's essential for business owners to seek guidance on how to appropriately ...

TruGrp Inc. v. Karmina Holdings Inc. addresses the adequacy of letters of credit as security to vacate a lien. Concerns were raised about the enforceability of a bank’s letter of credit due to specific language that might render ...

Field Law has been identified as a top ten place to work for law students across Canada. Field Law was ranked ninth nationally and jumped up the rankings by four places in the annual Universum ranking of most attractive employers for students in the le...

In the landscape of legal dispute resolution, binding judicial dispute resolution (binding JDR) presents a compelling alternative to traditional litigation, merging judicial authority with the flexibility of mediation. This method is particularly benef...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking.Have a legal question? Want to learn what other issues are plaguing...

The Ontario Superior Court ruled in favour of a dismissed employee and found the employer breached their duty of good faith and fair dealing based on a surreptitious recording of the termination meeting. Employers should always ac...

The proposed capital gains inclusion rate increase, set to take effect on June 25, 2024, has generated controversy for taxpayers, especially business owners. This article outlines the ramifications of this tax change for private compan...

The Court of King’s Bench reaffirmed the decision by the Safety Codes Council of Alberta Appeals Panel, which found that portable storage racks in a warehouse do not fall under the National Building Code's jurisdiction. This ...

When determining whether a party has performed or provided work "in relation to an improvement", BC courts will not stray from the rule that, without any physical demolition or construction work having begun, pre-construction...

The Ontario Court of Appeal ruled that Ontario improperly destroyed documents related to Trillium's halted wind farm project. Though Trillium's original claims were dismissed and costly, the appeal revealed Ontario's failur...

The Office of the Information and Privacy Commissioner of Alberta has revised procedures for handling access to information reviews and privacy complaints under FOIPPA, PIPA, and HIA. These changes aim to expedite processing times...

Starting January 1, 2024, a streamlined trial process for civil and family matters was implemented. Identified issues with the previous summary trial process included the absence of a fixed deadline for objections on the mode of trial leading to last m...

A recent decision from the Alberta Court of Appeal emphasizes the critical importance of procedural fairness in internal disciplinary actions within post-secondary institutions. The ruling centred on a student's right to acces...

The Ontario Supreme Court recently ruled that employers do not have the right to terminate employees "at any time". The Court held that the termination clause was unenforceable because it could violate statutory protected lea...

A Cautionary Tale In a recent and notable incident in British Columbia, the legal profession was given a stark reminder of the pitfalls associated with the use of Artificial Intelligence (AI) in legal practice. A Vancouver lawyer faced repercussions...

In today's digital age, HR professionals face critical decisions regarding the use of electronic versus traditional wet ink signatures for employee documents. This choice hinges on legal compliance, security, and the specific requi...

When striking pleadings, the moving party must show that it is "plain, obvious, and beyond doubt" that the plaintiff's claim could not succeed – it must have no reasonable prospect of success. This is typically a hi...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguin...

In an era where digital transformation is accelerating across all sectors, the construction industry faces unique challenges alongside its innovative strides.This complimentary workshop, co-hosted by KWB Accountants & Advisors and Field Law, offers...

The Court of Appeal (i) affirmed time-on-risk as the correct method for allocating the costs of defence between insurers when claims span many years, (ii) affirmed that insurers are not obligated to reimburse their insureds for the cos...

For taxation years beginning in 2023, bare trusts are required to file a T3 Trust Income Tax and Information Return. The return requires detailed information about the trustee and the beneficiaries. Failure to comply with this filing r...

Join Rob Worthington and Saul Abrams for Beyond Borders, a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From under...

This case highlights the importance of exercising care when inviting parties to an witness interview. Broad invites can lead to unintended waiver of litigation privilege over interview transcripts. In relation to a building fire for wh...

Field Law congratulates 15 lawyers recognized as Leading Practitioners in the 2024 Canadian Legal Lexpert® Directory.  The following lawyers have been recognized:  Malkit Atwal - Estate + Personal Tax (Estate + Tax Planning)...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our first roundtable of the year.This session will focus on the intersection of the Canadian Charter of Rights and Freedoms and professional ...

Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series covered Employment, Privacy and Human Rights. To view Part 1, ...

The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. However, the Comm...

When registering a lien, ensuring the information included is accurate is crucial to lien validity. Getting the date work was completed, or the legal land location, wrong, is often fatal. But where does the court draw the line between ...

In the dynamic field of physiotherapy, understanding the nuances of AB-2 and AB-4 reports is crucial for effective treatment and legal documentation. This lunch and learn will review the essentials of interpreting these reports and provide insights int...

Learn about the most important professional regulatory court cases of 2023. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by Katrina Haymond, KC, Gregory Sim and James Casey, this ...

In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses for t...

Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant mi...

Determining the proper amount of a construction lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter be...

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 covered Labour and Occupational Health + Safety. To view Part 2, which c...

Join Saul Abrams and Stephen Doyle for a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From understanding how to operate...

As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...

Bill S-211 mandates businesses in Canada, specifically those meeting certain criteria such as significant assets, revenue, or employee count, to annually report their efforts to prevent forced and child labour in their supply chains. T...

Given the increasing mental health challenges facing our communities, it is essential for property managers and condominium boards and to be equipped with the right knowledge and strategies to handle these sensitive situations.Join Field Law's Erin...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our winter roundtable.  At this roundtable, we will discuss challenges and strategies to navigate sexual misconduct allegations. Topics covered...

In a personal injury matter, a dispute arose over the production of a plaintiff’s independent medical examination records and reports from a prior action. The Alberta Court of King’s Bench determined that such records are a...

After a wait of about a year, Canada’s highest court has finally issued its ruling in a case that had OHS afficionados—and what reader of Field Law’s OHS communiques is not?— on the edge of their seats.  In what promised to...

With the holiday season upon us, employers are advised to establish clear workplace policies on alcohol and drug consumption, plan events with safety considerations like drink tickets and alternative transport, and closely monitor even...

Field Law received a record number of applications and more than 40,000 votes for Community Fund Program initiatives Field Law is pleased to announce the recipients of the 2023 Field Law Community Fund Program, distributing $75,000 to important init...

Whole Person Impairment ("WPI") Ratings have taken on greater implications in a world where claimants seek to ensure that they can prove that their injury is not a “minor injury”. WPI can be assessed by a variety of specialists, w...

Right touch regulation is a strategy for regulatory organizations seeking to adapt and evolve in a rapidly changing landscape. This approach should be applied after first considering the balance of personal freedoms with public safet...

Recently, the Public Health Emergencies Governance Review Panel report was released. The report focuses on how the provincial government responded to COVID-19, reflects on current legislation and makes recommendations, with the goal of enhancing future...

A contractor may register a construction lien on a property to obtain payment for their unpaid services or materials. While registering liens is generally straightforward, complexities arise when the property's fee simple registere...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Join Saul Abrams and Stephen Doyle for a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From understanding how to operate...

As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...

The Court had to determine whether an owner, as third-party beneficiary of a subcontract, could litigate contractual warranty claims against a subcontractor, when the subcontract required “all disputes” under the subcontrac...

In the ever-evolving landscape of insurance law, staying up to date on developments in the areas of concussions, mild traumatic brain injuries, and post-concussive syndrome is vital. Understanding recent cases and their outcomes is crucial for making i...

As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...

Edmonton – October 25, 2023 – Field Law congratulates firm partner Ayla Akgungor on her appointment as a Justice of the Court of King’s Bench in Edmonton. Federal Minister of Justice and Attorney General the Honourable Arif Virani ann...

Underused Housing Tax (“UHT”) is an annual federal tax payable by registered owners of vacant or underused housing in Canada, that took effect on January 1, 2022.  The purpose of the UHT is to tax non-Canadians who own residential prop...

Courts have the discretion to determine the security amount required to vacate a lien, which can be less than the claimed lien amount. In a recent BC case, a lien was allowed to be vacated by posting security for half of the disputed a...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

A majority shareholder faced potential personal liability due to negligence during project oversight; however, the Alberta Court of Appeal clarified that such liability isn't easily established, emphasizing that the corporate veil ...

Members of the public can vote for funding for their favourite local community projects by visiting fieldlawcommunityfund.com. Starting today, voting is open for residents of Alberta and the Northwest Territories (NWT) to support their fav...

Cyber security and complying with the General Data Protection Regulation (GDPR) are essential for businesses in this digital age. Having a strong cyber security policy goes hand in hand with the management of personal information and u...

For small business owners, you take a serious risk if you fail to include the full corporate name on all contracts, invoices, negotiable instruments and orders for goods or services. Using a trade name by itself is not sufficient. ...

Recent changes to the Income Tax Act may affect how employers approach settlement. Under these new amendments, any transaction that meets the updated definition of an “avoidance transaction” must be reported and filed with ...

In September 2023, the Canadian government released new guidelines highlighting the increasing impact of Artificial Intelligence (AI) on businesses. Intellectual property, liability, data privacy, bias, transparency, ethics, and govern...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for condominium managers, board members and unit owners based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what othe...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our fall roundtable.  The concept of “right-touch regulation” was developed in 2010, and remains relevant today in establishing the...

The Court found that where the amount owed to the general contractor exceeded the principal debts owed to subcontractors, it was appropriate to pay the full amount owed to the general contractor into court to fully secure subcontractor...

Renters and owners with units in an evacuated condo in Castledowns will likely be out of their homes for months. During that time, they're still on the hook for mortgages and condo fees. Erin Berney weighs in on condo ...

Field Law is now accepting applications for its 11th annual Field Law Community Fund Program. Charitable organizations, community associations and individuals located in Alberta and the Northwest Territories (NWT) are encouraged to apply. Applications ...

Signing a release – or requiring an employee to sign one – should never be taken lightly. Nearly 25 years ago, the Alberta courts clarified that while an employee cannot contract out of their human rights protections, an em...

Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

The Jordan Peterson case serves as a significant reminder for professional regulatory organizations to delicately balance the constitutional right to freedom of speech with the imperative to uphold professional standards. This case emp...

Our thoughts are with everyone affected by the ongoing wildfires in the Northwest Territories.Due to the escalating situation, the authorities have issued an evacuation order for Yellowknife, and as a result, our physical office will be temporarily clo...

Parties to construction contracts should be attentive to the potential for substantial indemnity costs in lien proceedings, recognizing the significance of recoverable litigation costs. The courts have the authority to award costs on...

Condominium Corporation No. 0828219 v Carrington Holdings Ltd. is a recent decision reinforcing the long-standing principle that parent corporations and subsidiaries are separate legal entities and damage caused by a subsidiary ...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

The Edmonton Heritage Festival has made the decision to bar the Russian pavilion from the annual event due to "safety concerns." Now, the Russian association says the exclusion is a human rights violation. Jason Kully joined Edmonto...

Many employers rely on staffing agencies to assist with hiring employees. Despite this, employers remain liable and may be subject to sanctions if foreign workers are on site without proper authorization. As an employer, you must confi...

The Manitoba Court of Appeal reversed a chambers Justice's decision which held that a lien bond was not as good as cash for vacating liens on a Crown project. In doing so, the Court of Appeal noted that in situations where neither ...

What are the new amendments to the Competition Act, and what can happen if you don't comply?Amendments to the Competition Act prohibit companies from entering into no-poach agreements and wage-fixing agreements with respect to employees. Lee C...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

Real estate developments can be an exciting business opportunity and new homes are much sought-after by purchasers, but when things go wrong with the build, issues can drag on for years. Maintaining an accurate record of who is responsible for what is ...

The Court in Seagate Construction v Halifax Regional Municipality held that when a contractor is hired to carry out a design created by others, it is not responsible for faulty aspects of the intended design if its workmanship is sound...

Understanding engagement relationships and responsibilities regarding subcontractors is crucial for construction company owners. A recent decision ruled that a lien was valid, even though the property owners were unaware of the subco...

An education assistant in BC with a racy OnlyFans account has been fired for what her employer calls 'egregious' conduct. Jason Kully joined Edmonton AM with Mark Connelly, Tara McCarthy to explain just how much control an employ...

This ruling implies that human rights complaints are more likely to proceed to a hearing when credibility is a significant factor. It is crucial for employers to be prepared for such situations and ensure they gather sufficient evidenc...

Understanding the legal aspects of manufactured and modular home management is crucial for anyone involved in the day-to-day operation of these communities.  Join Field Law’s Paul Kolida and Trina Jackson for an in-d...

Two recent cases in Alberta and British Columbia examined the validity of construction liens with mistakes. In Alberta, a court ruled that liens with substantial compliance and no prejudice can be valid, even with certain mistakes. I...

Haider v Rizvi highlights the Court's role in resolving disagreements when parties fail to agree on the terms of a release following a settlement. In this case, the Court determined the contents of a full and final mutual release...

Join us for Coffee + Counsel, a complimentary webinar series where you can connect with our lawyers for an unscripted discussion about legal issues relevant to organizations operating in Alberta and the Northwest Territories. We'll be sharing our l...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

Real estate purchases never seem to get less costly. It’s tempting to cut corners on a deal in an attempt to reduce other costs like realtor commissions and legal fees, but as one local condo owner recently learned, cutting those corners may...

Non-solicitation covenants are clauses that prohibit employees from soliciting clients or employees from their former employer after leaving the company. The courts have generally upheld these covenants when they are reasonable in scop...

In a previous blog post, we discussed how a property’s condominium status can be terminated. We expect “de-condominiumizing” or terminating/dissolving condominium corporations to become a more common and attractive option for owners a...

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...

Any time you experience a significant life change or substantial change in your assets, you should review your Will, Personal Directive, and Enduring Power of Attorney to ensure that they accurately reflect your current wishes. This ...

The Court faced a situation where it had to determine whether a surety had any liability under a performance bond. The Court found that even where it could not conclusively determine whether certain damages were due to the principal...

Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs? Alberta’s Rural Renewal Immigration Stream is a lesser-known and used avenue for quickly bringing eligible workers to smaller communities in Alber...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.  At this roundtable, we will discuss strategies to manage the registration processes, mitigate risks, and maintain ...

The insurance industry is facing a rapidly evolving climate with new challenges emerging every day. Insurers must navigate a complex legal landscape with constantly changing regulations and case law. These challenges require a proactive approach and an...

The Court recently determined that employees can claim more than six months of overtime pay in wrongful dismissal actions. Employers should ensure they have enforceable overtime agreements to avoid potentially significant awards for ...

Can a without-cause dismissal be recharacterized later as for cause - even if the material circumstances were known to the employer before the dismissal?Francesca Ghossein weighs in on a recent case that confirms employers can’t change their mind...

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...

The cost and delay in litigation has, in many cases, become undefendable. The involvement of multiple parties, each with their own counsel and interests, can further delay and increase litigation costs for all parties. Partial settlement may simplify l...

The Ontario Superior Court of Justice confirmed that portable classrooms are characterized as "improvements" and are therefore eligible for a lien under the Ontario Construction Act. The same conclusion would like...

Field Law covered Alberta’s new Labour Mobility Act when it was first introduced in the legislature in October 2021. The Labour Mobility Act and the new Labour Mobility Regulation were proclaimed into force...

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...

On March 30, 2023, the Supreme Court of Canada denied application for leave to appeal of two decisions of the Alberta Court of Appeal where the Court addressed a regulator’s authority to order costs: Tan v. Alberta Veterinary Medical Associa...

In Tan v Alberta Veterinary Medical Association, the Court of Appeal agreed to stay some of the sanctions imposed by a Hearing Tribunal against a veterinarian until after the appeal on the merits was heard by the Court of Appeal. The Court fo...

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...

What changes to Alberta’s Occupational Health and Safety Code should you be aware of?Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their or...

Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their organization and assess whether practices need to be changed or implemented ...

The Court found that an employer could not recharacterize a without cause dismissal of one of its employees as termination for cause when the material circumstances were known to the employer before the dismissal.  ...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Usually, secured claims against a bankrupt estate (such as builders' liens) are paid out before any other claims, including a bankruptcy trustee's fees. But fairness is the most important consideration when administering a ba...

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...

The Court found that a condominium developer's failure to provide a separate "occupancy date statement" was grounds for the purchaser to rescind her purchase agreement and have her deposits returned to her.  ...

If a person wrongfully registers a lien, the property owner is entitled to costs and damages incurred resulting from the wrongfully registered lien. The specific award will depend on the circumstances of the case, but may include rea...

Join Field Law’s Wills, Estates + Trusts Group for a complimentary lunch seminar designed to assist charities and non-profit organizations and their staff with an understanding of estate administration laws and procedures so as to better ass...

A statement from the Prime Minister was not enough to "proclaim" the National Day of Mourning for Queen Elizabeth II's passing a holiday under a collective agreement in Ontario. The word "proclaim" used i...

What should you look out for as an employer when creating employment contracts?As an employer, you are responsible for creating employment contracts, so what happens when a dispute arises from the interpretation of an employment agreement? Austin Ward ...

If a submitted tender does not strictly comply with all the mandatory requirements of the tender package, the owner can and should reject that tender. This ensures that all bidders are treated fairly – the overarching...

Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Employment and Human Rights. To view the recording for Part 1, whic...

The Court confirmed that a willfully false statement made by an insured to the insurer can result in the insurer denying all types of recovery to the insured.  The Alberta Court of Appeal describes its new decis...

The acquisition is aligned with the firm’s strategic plan for growth through industry specialization and regional focus.CALGARY – February 8, 2023 -  Field Law is bulking up its intellectual property services by acquiring the Canmore-b...

Learn about the most important professional regulatory court cases of 2022. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Katrina Haymond, KC, this popular annual...

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 ...

How will the proposed increase of the Provincial Court civil claims limit affect you?While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Cou...

The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in a v...

When a woman turned to leaders at The Meeting House megachurch in southern Ontario with allegations that her former pastor had sexually abused her, the ensuing investigation forced the pastor to resign and resulted in a reckoning that led to a drop in ...

The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legislat...

According to the Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime.  Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably ...

Field Law welcomes Erin Berney to its partnership.Field Law is pleased to welcome Erin Berney as a firm partner, starting January 1, 2023.“Erin has done a remarkable job establishing her vibrant law practice and we are happy she has accepted our ...

While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases. This gives litigants more flexi...

Condominium properties have existed in Canada for more than 50 years. In fact, the first condominium property registered anywhere in Canada was in Edmonton, Alberta, in 1967. This is a townhouse-style property known as “Brentwood Village”, ...

In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been other...

Alberta’s prompt payment and adjudication provisions are based heavily on Ontario’s Construction Act, but a major difference is the extent of trust provisions. In Alberta, a trust only arises when a certificate of sub...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for a special holiday roundtable.  At this roundtable, our seasoned guest panelists with discuss anticipating and responding to challenging issues ...

The Ontario Court of Appeal has clarified that a terminated employee is obligated to mitigate damages by seeking comparable employment to her previous job, not lesser jobs.  The Court set aside a previous decision to reduce ...

This year, Field Law received 130 applications from organizations and individuals with “pay-it-forward” ideas for their communities. Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Progr...

How can you minimize your legal exposure when serving alcohol at work events?It’s the most wonderful time of the year, the holiday season, and you’re probably getting ready to host some fun events to celebrate. However, if you choose to ser...

With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nationa...

The implementation of the Health Professions Act ("the HPA") on December 31, 2001 introduced major regulatory reform to Alberta, and for the next 17 years there was an extended period of legislative stability. Then, in 2018, the &qu...

What happens when a party who has agreed to arbitrate its dispute goes bankrupt? If the arbitration process compromises the efficiency of the receivership process, the Court may decide to deal with the dispute and the entire bankrupt e...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide clari...

In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite t...

What does the "right to disconnect" mean, and how does this affect Alberta employers? Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Albert...

Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legislati...

Employers have been navigating the COVID-19 pandemic longer than we anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote or...

A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions. In Bryant, three employees whose employment was terminated on 60 days’ notice argued they had...

The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in investig...

All members of the public can support community-minded projects by casting their vote online at fieldlawcommunityfund.com. October 6, 2022 - Starting today, Alberta and Northwest Territories residents are invited to vote for their favourite communi...

The Federal legislation declaring September 30 as the National Day for Truth and Reconciliation a statutory holiday represents a valuable and important continuation in the truth and reconciliation process. It provides an opportunity to commemorate and ...

Over the last two decades, we have slowly realized that our personal information is not nearly as personal or private as it used to be. It seems that someone or something is attempting to collect and use our personal information at every turn. Both the...

Amendments to Canada’s Patent Rules, coming into force on October 3, 2022, will introduce excess claim fees into Canada’s patent regime (among other changes). If examination of a Canadian patent application is requested on or after Oct...

Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

In a September 9, 2022 decision, the Court of King's Bench provided the first ruling on pre-judgment interest since Insurance (Enhancing Driver Affordability And Care) Amendment Act, 2020, SA 2020, c 36 (the "Insurance Amendment Act"...

Registered and non-registered charitable organizations, community associations, and individuals are encouraged to apply September 6, 2022 - Field Law is now accepting applications to receive this year’s funding through the Field Law Community ...

In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...

A recent case from the Alberta Court of Appeal demonstrates that claims in pure economic loss can be difficult and that there needs to be sufficient directness or relatedness of relationship and damage for a party to succeed. In addition, individual pr...

Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...

The Prompt Payment and Construction Lien Act (“PPCLA”) comes into force on August 29, 2022, nearly two years after Bill 37 was first tabled. With only five days left, here are the top five things for all construction companies and...

Join Kelly Nicholson and the Alberta Small Brewers Association for a presentation and Q+A session on employment law fundamentals.Topics covered will include: Why employers should have a written employment agreement Most important provisions to in...

The Alberta Court of Appeal confirmed the test for constructive dismissal and reaffirmed that the onus is on the employee to decide whether they accept the new terms of employment within a reasonable timeframe - in this case, ten business days.  ...

In June 2022, the Government introduced Bill C-27, an Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. A major component of this propose...

Estate planning isn’t a fun topic, but it’s essential. That’s especially true for business owners, from sole proprietorships to corporations. Be sure your final plans meet your hopes and expectations for your business—for the sa...

The Supreme Court of Canada just released a decision of critical importance to professional regulators addressing when delay in administrative proceedings constitutes an abuse of process justifying a stay of proceedings: Law Society of Saskatchewa...

The Alberta Court of Queen’s Bench recently held that the employee was not constructively dismissed when placed on an indefinite unpaid leave for failing to comply with a mandatory mask policy. This decision suggests that when an employee re...

Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following qu...

Introduction It is often exciting to embark on a new business venture which aims at providing solutions and products that could potentially "change the world". However, in the course of developing and executing a new business idea, it beco...

What You Need To Know In the case of Rice v Shell Global Solutions Canada Inc, the majority of the Alberta Court of Appeal emphasized the importance of clearly identifying the term of an employment contract and the parties’ obligations and e...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Join Field Law and Collision Analysis Ltd.'s Craig Good and Steve Thannhauser for a complimentary lunch and learn that will provide insurance professionals with a general overview of forensic investigations and guidelines f...

Whether you're currently considering selling your business, or you want to ensure your business is in optimal shape and attractive to potential future buyers, as a business owner you should be aware of strategies that will set you up for success.Jo...

Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for our first lunch time roundtable in a couple of years! This roundtable is designed to help complaints directors and other regulatory professionals better un...

Bill 23 was introduced by the Alberta Government on May 2, 2022. As we previously reported, the Bill will bring major changes for 22 professional regulatory organizations in Alberta.Join James Casey, KC, Katrina Haymond, Gregory Sim...

Introduction If you have a private corporation looking to raise capital, here's a list of common pitfalls to watch for. Securities laws are a collection of laws, regulations, policy statements, instruments and rules that regulate, among other th...

A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability.  Facts Pinksen owned a car, and her husband allowed Rampersad t...

Short Answer: The Bylaws may become unenforceable.Condominiums have a duty under the Condominium Property Act, RSA 2000 c C-22 to enforce their Bylaws and ensure compliance by all unit owners and occupants. But they must also ensure that such enfo...

Following publication of our last post, “Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums (you can read it here), I have received numerous inquiries from condo owners and property managers on how Bill 19 an...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues ...

On May 2, 2022, the Alberta Government introduced Bill 23, the Professional Governance Act. Bill 23 represents a major overhaul for professional regulatory legislation in Alberta. The Bill would repeal the governing statutes for 22 professions and...

Inflation. Climate change. A lingering pandemic. Risk abounds for business as we reach the mid-point of 2022. Here are 10 issues business leaders should be reviewing as they prepare for the hard-to-predict months ahead. Throughout the COVID-19 pande...

The concept of unconscious or implicit bias has become prominent in recent years. Professional regulatory organizations are attempting to understand how unconscious bias can impact decisions and what can be done to mitigate the risks of the impact of u...

The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...

In Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177, the Court of Queen's Bench provided a clear statement on prematurity and the timing of judicial reviews from administrative bodies. In this case, the regulated membe...

The Government of Alberta recently announced a timeline for its "Streamlining Professional Legislation" project, which will introduce new umbrella legislation for the regulation of 22 non-health professions in Alberta. The Government is expec...

On March 1, 2022, the Province of Alberta entered stage 2 of the Government’s three-stage process for easing COVID-19 restrictions, which resulted in the lifting of nearly all remaining public health restrictions, including Alberta’s mandat...

UPDATE: On May 5, 2022, Bill 19 is now in Second Reading. (CORRECTION: On May 5 we advised Bill 19 had passed Third Reading, however on that day Bill 19 was adjourned in Second Reading on amendment, and we apologize for any confusion.)On Thursday, Apri...

Join Field Law and orthopedic surgeon Dr. Richard Hu MD, FRCSC, for an interactive seminar about: IME Reports: Differing perspectives on the Degenerative Spine  Case Presentations: A question and answer period with a discussion of ...

With all the legislation changes in recent years, it has grown increasingly challenging for condominium corporation boards to understand their financial responsibilities. How can board members ensure they have the right resources in place to manage the...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

Field Law has just learned that the long-awaited creation of an Alberta Condominium Dispute Resolution Tribunal will not proceed this year as anticipated following the enactment of amendments to the Condominium Property Act and Regulations in January 2...

On March 24, 2022, the Government of Alberta introduced Bill 10, the Health Professions (Protecting Women and Girls) Amendment Act, 2022. Bill 10 amends the Health Professions Act to address female genital mutilation.  The Bill...

The upcoming changes to Alberta's construction law regime should be top of mind for all parties in the construction industry, with both the Prompt Payment and Construction Lien Act (the "PPCLA") and the Prompt Payment and A...

Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to insurers in Alberta. Your questions guide the discussion, and we pr...

Join Field Law for Cocktails + Counsel, a complimentary series where your questions will guide the discussion, and our lawyers provide their legal perspectives. This dynamic virtual Q+A session lets you ask questions and hear legal perspectives on i...

What legal issues should small and mid-sized business owners be aware of? What financial processes should be in place to support the business's health?  Join Field Law's Lyndon Thiessen and KWB Chartered Professional Accountants' Al...

A recent decision determined that construction companies cannot be liable for the actions of third-party arsonists. So long as the property owner is making “normal and ordinary use of the property” in that there is “no unusual danger ...

In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...

It is no secret that many companies in Alberta are in financial distress due to COVID-19. While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreading the "call from the bank." ...

What You Need to Know The Alberta Court of Queen’s Bench held that the City of Calgary (the “City”) bore some liability for an accident caused by negligent road maintenance. This decision highlights the legal exposure that can ar...

The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through th...

Join members of our Labour + Employment Group for our annual Year in Review webinar, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Human Rights and Employment. To view the recordin...

The recent family feud at Rogers Communications made for great drama. But don’t overlook the issue at the heart of the dispute. It’s a reminder that business law—not corporate practices—carry the day in court. The closing mon...

Builders’ liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.In Alberta, a Statement of Claim and Certificate of Lis Pe...

What You Need to Know A recent British Columbia Human Rights Tribunal (BCHRT) decision awarded $30,000 in damages to a restaurant employee due to the actions of a co-worker who repeatedly and deliberately misgendered them by referring to them using ...

What legal issues should medical practitioners be aware of when operating a private practice? What financial processes should be in place to support the business's health?  Join Field Law's Britt Tetz and Marc Yu and KWB Chartered Profe...

Learn about the most important professional regulatory court cases of 2021. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, KC and Katrina Haymond, this popular annual webi...

On July 7, 2020, the Government of Alberta introduced Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020. The intent of Bill 32 was to support economic recovery, restore balance in the workplace, and get Albertans back to work.Whil...

Posting either a lien bond or cash as security to discharge a builders' lien is standard practice in Alberta. Seemingly, this is because the lien claimant is not prejudiced by the posting of one form of security over the other.  But is a ...

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 covered Labour and Occupational Health + Safety. To view the recording for Part 2,...

Payment disputes on construction projects are extremely common. With margins being low to begin with, contractors often find themselves financially strained and unable to cash flow their business operations to complete projects. One common form of reli...

Field Law welcomes Jill Bishop and Richard Stobbe to its partnership.Field Law is pleased to welcome Jill Bishop and Richard Stobbe as firm partners, starting January 1, 2022.“Both Richard and Jill have demonstrated leadership and commitment to e...

Is a plaintiff's understanding of the law, and how it might apply to their claim, relevant to an assessment of when a limitation period expires? In Lafferty v Co-operators General Insurance Co, 2021 ABCA 359, the Alberta Court of Appeal r...

In this episode, Lisa Statt Foy helps to clear up some of the misconceptions associated with the topic on the probate process, Power of Attorney, and enduring power of attorney relating to real estate. As these issues affect REALTORS®...

Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find ...

As we all learn to live with COVID-19 and as workers move back into the workplace, many employers have implemented various types of policies regarding COVID-19 vaccination. A few months have passed, some specific legal cases have started to slowly...

Field Law has announced the recipients of its 2021 Community Fund Program and the Yellowknife chapter of the Crazy Indians Brotherhood is a beneficiary. Click here to read the full story. 

Dec. 1, 2021 – Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Program, distributing $75,000 to deserving organizations across Southern Alberta, Northern Alberta and the Northwest Territories.Fro...

Before any mining outfit can swing a geologist’s hammer, it needs to understand how Indigenous rights will shape their work. And the rules are different across the territories. That’s just the way it is, so it helps to get a little guidance...

Various questions arise from the competing interests of employees and employers when dealing with mandatory vaccination policies. While there were labour arbitration decisions relating to influenza and other vaccines, until very recently, there were ...

When the COVID-19 pandemic started, governments worldwide reacted to this unprecedented health crisis with similarly unprecedented public health measures, including orders for non-essential businesses to close their doors to the public.Many businesses ...

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...

The ability of employers to monitor and control the actions of their employees is limited. However, employers can be vicariously liable for the actions and omissions of their employees. This means that employers will be liable for acts or omissions, ...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing pr...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

At Field Law, we continually aim to provide the best legal advice and client service in western and northern Canada; receiving recognition for work we are passionate about is simply a bonus. We are proud to announce we have been recognized as one ...

For the past few years, Alberta has been moving toward requiring condominium managers to obtain education and maintain provincial licenses. The Government of Alberta, through the Ministry of Service Alberta, selected the Real Estate Council of Alberta ...

In Alsaadi v. Alberta College of Pharmacy, 2021 ABCA 313, a majority of the Alberta Court of Appeal adopted a very narrow interpretation of language common to professional regulatory statutes. The case involved a pharmacist, Alsaadi, fou...

Many regulators have to deal with vexatious litigants. Some complainants or registrants commence baseless legal proceedings against the regulator if they disagree with its decisions. Responding to these proceedings is time-intensive and expensive, es...

For employers operating in Alberta, Dec. 1 will bring a brand new occupational health and safety regime, as the province enforces its new OHS act.Canadian HR Reporter recently spoke with Steve Eichler, partner at Field Law in Calgary, about w...

In Canada (and jurisdictions with similar laws), foreclosure is when someone defaults on their mortgage payments, and the lender takes control of the property. Lenders will try to sell the property to recuperate the mortgage money. Foreclosures are reg...

The Superintendent of Insurance has approved amendments to the Standard Auto Policy Form No. 1 (“SPF No. 1”) that will take effect January 1, 2022. The most significant amendments relate to Bill 41: Insurance (Enhancing Driver Affordab...

The concept of government liability in negligence for policy vs. operational decisions has existed for some time. Core policy decisions are exempt from liability, whereas operational decisions are subject to the usual common law liability consideration...

Field Law is proud to be honoured in the Insurance Business Canada magazine and website as a recipient of the 5-Star Insurance Law Firm Award. The Award is a result of 15-weeks research, surveying insurance leaders and a wide r...

Avid Field e-blast readers will recall our reporting that on December 9, 2020, the Government of Alberta passed Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, which amended various work-related statutes, including Alberta’s&nbs...

On October 26, 2021 the Government introduced Bill 49, the Labour Mobility Act (the “LMA”), and proceeded to give the new Bill first reading. Given that the Fair Registration Practices Act (the “FRPA”) was introduced by the Gove...

In a decision released last Friday, the Supreme Court of Canada affirmed the exclusive jurisdiction of labour arbitrators to consider all matters falling under a Collective Agreement, including human rights claims. In Northern Regional Health Auth...

In this episode, Lisa Statt Foy, brings her wealth of legal knowledge to our discussion to help REALTORS® understand the potential pitfalls and best practices related to the use of images, trademarks, copyrighting, and more. With the expl...

Until recently, a person’s ability to sue for privacy concerns in Canada has been limited to traditional torts such as defamation, negligent/intentional infliction of mental distress, breach of confidence or harassment. This has not been satisfac...

Join Erin Berney and John Gilbert for a special edition of People, Pets + Parking! As it becomes more and more common for condominium Property Managers to also manage Homeowners' Associations (HOAs), it's important to be aware of the simil...

A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney i...

Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...

In the insurance industry, circumstances can – and often do – change in the blink of an eye. Join Brian Filips, Jill Bishop and Angela Beierbach of Field Law's Insurance Group for a complimentary webinar on recent developments in t...

Residents of Alberta and the Northwest Territories have a unique opportunity to support local charities, groups and organizations by casting their vote for recipients of this year’s  Field Law Community Fund Program (the Community Fund).Fiel...

While the Alberta Builders’ Lien Act has been in force and essentially unchanged for several decades, it will soon evolve with the enactment of the Prompt Payment and Construction Lien Act. This new legislation will introduce significant changes ...

Prompt payment legislation has been in force in the United Kingdom for almost 30 years. Notwithstanding its reported effectiveness overseas, it has been slow to gain traction in Canada. In July 2018, Ontario enacted the "modernization" of its...

Understanding the forces and motions experienced during injury causing events can be an important consideration when evaluating causation in the context of personal injury litigation. Whether it's a slip and fall or a motor vehicle collision, human...

Join Erin Berney and Niall Burke for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property mana...

The Builders’ Lien Act (“BLA”) sets out deadlines for registering builders’ liens. However, determining if a lien has been registered out of time can be tricky. Whether the work performed by a contractor or subcontract...

The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly, only the most fortunate of businesses have not been adversely impacted. As waves of the virus have strained our healthcare system, it has also caused signifi...

SEPTEMBER 7, 2021 - Field Law, a western and northern regional law firm, is pleased to formally launch applications for its Field Law Community Fund Program, which will distribute $75,000 in funding between Northern Alberta, Southern Alberta and the No...

The Income Tax Act (Canada) (the "Act") was recently amended by private member's Bill C-208 (the "Bill") to address an inequity disadvantaging intergenerational transfers of businesses to family members. It is common for busines...

Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

The capital gains exemption is not dying completely, but there is a broader way to use it now than there has been before, or likely, ever will be again. Canadian-resident individuals have long faced an unfair scenario when trying to pass along their fa...

CALGARY – August 16, 2021 –Field Law’s Emerging Technology group is pleased to announce a new alliance with the Alberta Esports Association (AESA), a not-for-profit organization established in 2020 that serves as the governing body fo...

Abandoned homes have been an issue for landlords of manufactured home communities for a long time. They can be rather complicated, and knowing when a Quit Claim and Release by the tenant is appropriate, and when to bring a court application can be conf...

The law relating to legal expenses in litigation involving Alberta condominium corporations is evolving, but remains far from settled. In several recent decisions of the Alberta Court of Queen’s Bench (Toronto-Dominion Bank v Bachand, 2021 ABQB 2...

Jonathan Swift once observed that there is nothing constant in the world but inconsistency. The truth of that statement is nowhere more apparent than in the Canadian law governing family status accommodation, where the legal test applied to a...

During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were directly or indirectly forced to lay off employe...

Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision high...

Join Erin Berney and Niall Burke for the second installment of our complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issue...

“Justice delayed is not always justice denied.” (Abrametz at para 171) For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the lea...

In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the &ld...

Despite the breadth and depth of the effects of the pandemic, we have not seen many reported court decisions considering the impact of federal emergency pandemic payments on termination pay. In fact, to date, only two reported decisions appear to have ...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determining...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

The prevalence of fraudulent activity has increased during the COVID-19 pandemic. In 2020 alone, the Canadian Anti-Fraud Centre reported 70,948 cases of fraud, with $108.8M lost to fraud. Between March 6, 2020, and March 31, 2021 alone, $7.25...

How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constructi...

Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legis...

Join Erin Berney and Niall Burke for a complimentary new webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property ...

Will kits are inexpensive, but that may be their only redeeming quality. It can be very tempting to pick up a $30 fill-in-the-blanks Will kit rather than retaining a lawyer, but before you do, you should consider the risks involved.A Will kit can be pu...

With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to ke...

What happens when the owner isn't covered by the Workers' Compensation Act? A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability of...

I’ve recently learned that a condominium corporation in Saskatchewan has invested some of the corporation’s funds in the cryptocurrency known as Bitcoin. The corporation purchased 0.4 bitcoin at a price of $25,000, and according to media on...

Serving on a professional regulatory tribunal is one of the highest forms of service to your profession. It is also a big responsibility. As regulatory hearings become more complicated, tribunal members may find themselves involved in longer and more d...

In Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4, the British Columbia Court of Appeal made a strong statement about the duty to cooperate and offered a reminder of who makes the rules whe...

Reform of Agencies, Boards and Commissions (Post-Secondary Institutions) Compensation Regulation Extended to More Post-Secondary Executives as of April 1, 2021 On March 24, 2021, the Alberta Government passed an amendment to the Reform o...

Bill 53, Service Alberta Statutes (Virtual Meetings) Amendment Act, 2021, is now in force. Section 5, relating to the Red Tape Reduction Implementation Act, 2020 came into force today by Royal Assent on March 26, 2021. The remainder of the Act (in...

If you have questions about government procurement, we’ve got some answers. Government spending in local communities is the backbone of economies across the north. Governments know that and they’ve developed policies to steer as much spendi...

Ontario Arbitrator finds that one instance of racial slurs creates the rebuttable presumption that termination is within the range of reasonable disciplinary responses. The Ontario arbitration case of Levi Strauss & Co. v Workers United C...

I was recently pleased to learn about the tabling of Bill 53 – Service Alberta Statutes (Virtual Meeting) Amendment Act. The Bill is scheduled for a continuation of Second Reading and debate during today’s legislative session. If passed, th...

Congratulations! You’ve decided to acquire a brand new business or pass on the one you’ve built over the years. That’s great news but be prepared. You’re getting down to some serious brass tacks.  Here are some pointers to ...

Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to automobile insurers in Alberta. Your questions guide the discussion...

Did you miss the Field Law Labour + Employment Group's annual Year in Review? The recordings are now available! Is employer-friendly OHS legislation coming to a worksite near you? What are the impacts of COVID-19 on employment legislation a...

Humans love to look at faces – our families, our friends, complete strangers. In some ways, our brains are optimized for facial identity recognition. We’re good at it, so of course we want to teach machines how to do it even bette...

Boards of directors for condominium corporations are typically comprised of volunteers. Depending on the eligibility requirements in the corporation’s bylaws, these are more often than not members of the corporation, that is, unit owners. For res...

A Canadian band, The Tragically Hip, has sued a brewer for the use of a beer name that mimics the title of one of the band’s popular songs.Mill Street Brewery, a brand owned by Anheuser-Busch InBev (the world’s largest brewer), has a beer b...

Learn about the most important professional regulatory court cases of 2020. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Leanne Monsma, this popular annual webinar in...

In Conway v. Griff Building Supplies Ltd., 2020 CarswellBC 3112, an employee was found to have resigned verbally during a meeting, despite failing to provide a formal resignation letter. The Court considered the matter from the ‘perspec...

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. ...

The idea of gathering around a boardroom table in the era of COVID-19 seems off, given current public health advice. Still, corporate directors must continue to do their jobs—even if they must do them from their dining room tables. These five tip...

This year has been marked by accelerated efforts to amend existing federal and provincial privacy legislation.  As anticipated, the Alberta Information and Privacy Commissioner (Commissioner) has proposed a number of amendments to the Freedom of I...

The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation.  Tokio Marine & Nichido Insurance Company v. ...

A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E Va....

The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to gra...

The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao, 20...

When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abuse ...

Join Field Law for another edition of Cocktails + Counsel, this time co-presented with PARK. This complimentary series brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to local business owners in th...

Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficult ...

A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.   The types of personal decisions that an a...

Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:•    An overview of the law on spoliation   •    Knowing when to engage th...

In Facey v Bantrel Management Services Co., 2020 ABQB 719 Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case.  The respondent to the appeal, Bantrel ...

Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Bill 46 also represents the fourth major reform to the regulation of he...

Join Field Law, in conjunction with the Alberta Sheriff’s Department, for a webinar on how landlords can deal with undesirable behaviours of tenants located in their communities.Safer Communities and Neighbourhoods (SCAN) is a confidential, compl...

Has your condominium corporation convened an Annual General Meeting (AGM) in 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find out for sure after reading this. &n...

I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta’s condominium legislation. Along with the changes introduced in 2019 and 2020, the Legislature ...

The proclamation of the Health Professions Act in 2001 was the culmination of 7 years of policy analysis as well as broad-based repeated consultation with the public, other stakeholders, and regulatory colleges. This lengthy and careful process of regu...

Bill 46: Health Statutes Amendment Act, 2020 (Bill 46) was recently introduced in the Alberta Legislature. The omnibus bill amends a number of pieces of health legislation, including the Health Information Act (HIA). As the Minister of Health...

Canada’s privacy laws have arguably lagged behind the European Union for years. The EU’s General Data Protection Regulation (GDPR) has incorporated a human rights-based approach to privacy within its data protection legislati...

The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the word...

The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228 Facts + Issues Plaintiff Ewashko, represented by his mother, suffered a significant birth inj...

Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586 Fa...

On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...

Update: On October 15, 2020 the Supreme Court of Canada (SCC) granted the applications for leave to appeal. The judgment of the Federal Court of Appeal, in York University v. The Canadian Copyright Licensing Agency (“Access Copyright”), Num...

The issue of asserting solicitor-client privilege in the condominium context is an interesting one, especially as between the condominium corporation and the individual unit owners. There are no simple answers or bright line rules when it comes to requ...

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...

Join Field Law for the second installment of a complimentary new webinar series that brings you together (virtually) with a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal pers...

Employment contracts don’t have to be difficult, but do take care. Making a new hire can be a happy time for a business. That said, it’s important to take the long view and make sure your employment contract covers the issues that are impor...

Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA whe...

CALGARY – September 8, 2020 – Supporting our community has never been more important. Field Law is proud to announce the 2020 winners of the Field Law Fund Community Program, distributing $60,000 in funding to local charities and organizati...

The importance of a prompt and meaningful investigation into a workplace complaint was highlighted in Bassanese v German Canadian News Company Limited. An employer was ordered to pay $50,000 in aggravated damages for failure to properly ...

Field Law is pleased to announce that 37 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...

The Federal government has announced a four-week extension to the Canada Emergency Response Benefit (CERB).As explained by the Government of Canada, the CERB is being extended from 24 weeks to 28 weeks for workers who: stopped working due to COVID-...

The Ontario Court of Appeal reiterated its disapproval of distributive cost orders but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to the case....

An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC 219...

The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not sufficient...

The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith.Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The Plaint...

Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract exper...

In March 2020, the world shifted and many employees had to adapt to working from home. Now several months on, many employees are hoping to make this arrangement permanent. Having your employees work from home may benefit and be feasible ...

A tumultuous new reality has spread across the international economy. While some will weather troubled times well, or even profit from them, others will experience a more negative impact. Competent financial planners will consider different scenarios t...

FOR IMMEDIATE RELEASE JULY 22, 2020 - Field Law, a western and northern regional law firm, has opened applications for its Field Law Community Fund Program (the Program), which will distribute $60,000 in grant funding between Northern Alberta, Southern...

Join Field Law’s professional regulatory lawyers and your colleagues from other health regulators for a free webinar on July 30 from 4:00 PM - 5:30 PM.Alberta Health’s discussion paper “Proposals to Amend the Health Professions A...

Last December, the Supreme Court of Canada heard two appeals concerning contractual good faith issues. The first involved an appeal of the British Columbia decision Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BC...

Cannabis retail outlets, producers, manufacturers, distributors and warehouses were deemed to be essential services by the Alberta Government on March 30, 2020. As a result, cannabis businesses and services can and have continued to serve Albertans thr...

Field Law presents a new series that brings together you and a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal perspectives. As businesses open up again, and employees retur...

It is no secret that, due to COVID-19 and the collapse in oil prices that many companies in Alberta are in financial distress.  While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreadi...

UPDATE: Bill C-20 passed Royal Assent on July 27, 2020. As a result, the changes to the Canada Emergency Wage Subsidy program, described in detail below, came into force on July 27, 2020. On July 17, 2020, the Canadian government proposed changes to...

UPDATE: Bill 32 passed Royal Assent on July 29, 2020. As a result, the changes to the Employment Standards Code and the Labour Relations Code, described in detail below, will begin to come into force. The now passed legislative amendments com...

On Monday, July 6, 2020, the Government of Alberta tabled Bill 30, the Health Statutes Amendment Act, 2020. This proposed legislation amends a number of existing Acts, including the Alberta Health Professions Act. The Health Professions Act e...

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...

Health care organizations have had to adapt quickly during the COVID-19 pandemic. In addition to managing an unknown disease and focusing on patient care, day to day operational life has changed- videoconferencing, fit for work screening, and liab...

As we reported in April, the Government of Alberta previously announced an extension of the temporary layoff period in Alberta’s Employment Standards Code (the “Code”) from 60 days to 120 days.Recently, the Government of Alberta intro...

Enforcing rental arrears and other tenant breaches under a Lease are an important aspect of a Landlord’s business and recently proclaimed amendments to the Mobile Home Sites Tenancies Act are going to have a direct impact on how Landlord’s ...

The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct. The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians and...

On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA&rd...

The Federal Government recently announced an extension to the Canada Emergency Relief Benefit (CERB). The program, set to expire at the end of June, will now be available to support Canadians unable to work due to the COVID-19 pandemic till the end of ...

As endless as these past few months have seemed, it was not so long ago that most workplaces had to abruptly wrestle with how to scale down and make sometimes drastic changes to the way that their work gets done in the face of the COVID-19 pandemic. Wh...

As restrictions begin to lift, many employers are recalling employees from temporary layoff. In some cases, employees are responding to the request to return to work by resigning. As a result, many employers are wondering whether they are complicit in ...

An employer may be vicariously liable for a data breach caused by the tort of an employee depending on the circumstances.WM Morrison Supermarkets plc v. Various Claimants, 2020 UKSC 12, per Lord Reed rev’g 2017 EWHC 3113 (Q.B.) and 2018 EWCA Civ ...

Courts are granting opposed orders for video hearings, including discoveries by video conference as necessary in the modern age, especially in light of restricted court operations due to the COVID-19 pandemic.   Arconti v. Smith, 2020 ONSC 27...

The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...

An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...

The Court set out how to analyze whether or not the exacerbation of pre-existing injury would exceed the minor injury threshold under Ontario legislation, which provides guidance for the same issue under Alberta’s minor injury cap. Mann v. Jeffe...

In a significant move for Alberta condominiums, on June 1, 2020 the Lieutenant-Governor of Alberta, the Honourable Lois Mitchell, approved an Order in Council to amend the Condominium Property Regulation, AR 168/2000. Among other slight changes to docu...

In Alberta, as in most other provinces, generally wills, powers of attorney and personal directives need to be signed and witnessed in person for the documents to be legally valid.  Our wills legislation allows certain departur...

Alberta’s Ministry of Justice and Solicitor General has announced a process for remote witnessing and signing of wills, enduring power of attorneys, and personal directives during this time of public emergency. Temporary amendments have been...

In a bid to help combat the spread of the novel coronavirus (COVID-19), Alberta has become the first Canadian province to launch a contact tracing app to track community transmission of COVID-19.Alberta released the app, ABTraceTogether, on May 1, 2020...

On May 13, 2020 we hosted a webinar about pandemic-related work refusals as Alberta and other governments enable businesses and other organizations to reopen and call employees back to work. The most frequently asked question was: What do I do with an ...

This week, as this article went to press, several major Canadian and American universities announced plans to maintain classes online when the fall semester starts in September. Other universities and colleges are making plans to bring students ba...

The Alberta government announced its "safely staged COVID-19 relaunch" and you’re thinking it’s time to call your laid-off or working-from-home crews back to work. Or you’re carrying on providing essential services and the &...

Professional regulators continue to adapt to the COVID-19 pandemic while their public interest mandates carry-on.   Field Law’s Professional Regulatory group will host a virtual lunch time roundtable discussion focusing on a few of ...

An Ontario court held that under an all-risk policy the “physical damage” requirement for coverage may be met by a loss of use, which may have some application for COVID-19 business interruption claims. MDS Inc. v. Factory Mutual Insurance...

A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses.Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S. Fa...

For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especi...

For an auto insurer to have any place in the priority list of insurers in a rental/leased car situation, its policy must provide coverage to a relevant insured. Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company...

With the significant disruptions to civil society, Canadian business owners face a host of immediate concerns. Trademarks and intellectual property are naturally lower on the list, and brand owners should take some comfort that there’s a bit of b...

Field Law is pleased to be listed in the 2020 Legal Lexpert® Directory, with 13 lawyers ranked. The following lawyers have been ranked: Chelsey Bailey - Medical Negligence Roy Boettger, QC - Estate + Personal Tax Planning Jim Case...

What are the best options for your organization now, during the pandemic, and post-pandemic? The response to COVID-19 has resulted in a shut-down of the economy. While the operating costs for organizations have remained, revenues have dropped dramat...

When many people think of signing a contract, the traditional picture is a meeting, a pen and paper, and handshakes at the end. With current social and physical distancing protocols in place, all of these traditional images are jarring. Now, every...

As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, sp...

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the ca...

COVID-19 will result in a big surge in business interruption claims. Get ahead of the curve by getting up to speed on the key issues you will need to know to deal with those claims. Presented by Mike Doerksen and Angela Beierbach, this webinar will pro...

The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020.   On April 11, 202...

On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19. We noted that certain statutes were not included in the suspension order including the Insurance Act. Fiel...

The Ontario Superior Court has just ruled that unit owners allowing third party contractors access to a condominium property to perform non-urgent work in their unit constitutes a matter of urgency. Last week, in York Condominium Corporation No. 4...

On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time. What we know about the changes so far, and their po...

As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be loo...

During a pandemic it can be difficult to balance employee privacy rights with the need to collect the information required to make critical decisions. Presented by Katrina Haymond and Kelly Nicholson, this webinar will provide employers with informatio...

The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided: The Subsidy is available to companies (including partnerships and sole p...

Ottawa has unveiled pandemic financial support. That’s good news for struggling businesses. But remember: there’s no such thing as free money. Pay close attention to your obligations before accepting the help. As you’ve likely hear...

Learn about force majeure clauses, and why context is important in interpreting how it might apply to your commercial contracts. Presented by Cameron Hughes and Richard Stobbe, this webinar will review the concept of “frustration” of contra...

Appointing a personal representative is one of the first substantive things addressed in a Will and one of the key choices a person can make with respect to their estate plan. When a person dies without a will, someone must apply to the Court to obtain...

Recent changes in legislation permit Alberta employers to use electronic signatures and maintain electronic employment records. These legislative changes are particularly helpful as employers navigate increasingly common work-from-home arrangements and...

On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wag...

The Federal Government’s COVID-19 Emergency Response Act contains certain amendments to the Patent Act that permit the Federal Government to authorize anyone to “make, construct, use and sell a patented invention to the extent necessar...

Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19. Part of Bill C-13 brou...

On March 17, 2020, Alberta declared a state of public health emergency “due to pandemic COVID-19 and the significant likelihood of pandemic influenza”.While in the normal course, a patient’s right to privacy is paramount, in the face ...

Things are changing every day in the wake of COVID-19. Unanticipated consequences have begun to cause a fury of questions and unknowns.  The below aims to address both the immigration and tax concerns as it relates to those with assets and ties to...

As part of a new $82 billion spending package, the federal government today announced that approximately $27 billion would be directed to support for employers and employees affected by the COVID-19 situation. Parliament could be recalled as early as n...

On March 16, 2020, Field Law reported on the Alberta government’s plans to amend the Employment Standards Code to allow employees who are required to self-isolate or care for a family member with COVID-19 to take 14 days of paid leave to cover th...

Spring is typically Annual General Meeting (AGM) season for condominium corporations and with the COVID-19 virus having been declared a pandemic last week, condo boards should consider whether or not to proceed with scheduled AGMs. For m...

While the risk of contracting COVID-19 in Alberta and the Northwest Territories remains low, the situation is fluid and changing quickly. As a result, employers worldwide are balancing the steps necessary to lessen the effects of COVID-19 with continui...

While our office remains open during the escalating global coronavirus (COVID-19) situation in Alberta, we have taken steps to minimize the potential impact of the virus in accordance with our firm’s business continuity plan and th...

Proline Pipe, an Alberta company, created certain design drawings for pipe bending machines. A former employee took those drawings with him when he left the company. A rival company obtained copies of the drawings and manufactured the pipe bending mach...

On February 26, 2020, the Government of Alberta tabled Bill 3: Mobile Home Sites Tenancies Amendment Act, 2020. When passed, this Bill will change the current dispute resolution regime for mobile home disputes. Currently, all disputes relating to ...

An update on the City of Edmonton’s attempts to better regulate Airbnb-style short-term rentals.This week, the Urban Planning Committee (UPC) met to revisit the issue of short-term rentals, and consider recommendations from City Administration on...

An insured’s statement to his fire insurance adjuster as required by the policy’s statutory conditions is inadmissible in criminal proceedings against him because it is a statutorily compelled statement.R. v Badrudin, 2019 NLSC 187, per Tho...

The Court held that a fraudster’s unauthorized use of the insured’s online banking system to make payments against her own credit card debts did not qualify as forgery or alteration under the terms of the policy in question.Malcolm Silver &...

The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J. Facts + Issues ...

The ever pertinent question of when off-duty conduct will constitute just cause dismissal was recently considered by an arbitration board in Prince Edward Island (Canadian Union of Public Employees v A Nursing Home Inc.). An individual was termina...

Canadian courts have traditionally been more reluctant than their American counterparts to recognize torts relating to privacy interests. The American Law Society adopted the following four torts protective of individual privacy some time ago in its we...

In a story that seems tailor made for alliterative headlines, the recent acquisition of Calgary’s Banded Peak Brewing by Labatt Breweries of Canada has raised questions about the fate of the trademark BARLEY BELT.  Banded Peak Brewing a...

Learn about the most important professional regulatory court cases of 2019. What are the key legal trends? What are the strategic and operational implications for regulators? This webinar will be presented by James Casey, QC and Leanne Monsma of Field ...

The Alberta Court of Queen’s Bench has provided some much-needed guidance on solicitor-client privilege in the context of access to information requests in Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2020 ...

While the public risk associated with the Coronavirus in Canada is still considered low, employers should prepare antidotes for the various workplaces issues that arise in the wake of large-scale threats to health. Below are some frequently asked quest...

In 2010 the Government of Canada “launched a national effort to defend against [cyber security] threats with Canada’s first Cyber Security Strategy”: National Cyber Security Strategy (the National Strategy). This outlines three t...

Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou...

Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live wit...

Written by James Casey, KC, Katrina Haymond, KC, 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 H...

Sierra Trading Post is an Internet retailer of brand-name outdoor gear, family apparel, footwear, sporting goods. Sierra lists comparison prices on its site to show consumers that its goods are competitively priced.Chen, the plaintiff, sued Sierra, cla...

Entrepreneurs have options when it comes to choosing the legal structure for their business. All have advantages and disadvantages. When it comes to making your choice remember: One size does not fit all. A question I am frequently asked is, what bu...

The fourth annual Field Law Post-Secondary Summit was held on November 28 in Calgary and was co-chaired by Frank Molnar, KC and Greg Harding, KC. Brief summaries of the presentations given at the Summit are provided below. Innovative Governance During...

On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also com...

Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master Facts + Issues The Defendants Russell and Shell...

An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand...

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...

Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ...

Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...

Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B...

Human rights principles can be at play in many issues faced by professional regulatory bodies. A sound knowledge and understanding of human rights concepts can ensure that regulators are carrying out their functions in a manner that respects and i...

It seems a long way from Alberta’s basement breweries to the halls of the Court of Appeal.  But that line was connected in a long running dispute known as Steam Whistle Brewing Inc. v AGLC.  With enough reading to make any constitutiona...

The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills...

Field Law is proud to announce that it will be honoured at the upcoming 2019 Women in Law Leadership Awards with the Law Firm Award, presented by The Counsel Network and The Association of Women Lawyers.  The Law Firm Award is presented to a firm ...

Join us for our fourth annual Summit to focus and collaborate on legal issues facing Alberta’s post-secondary institutions.Topics to be covered include: Innovative Governance During Challenging Times Update on Recent Labour Relations Board ...

In the excitement of Canadian cannabis legalization, many overlooked that cannabis legislation is in fact focused on controlling the production, distribution, sale and possession of cannabis in Canada to achieve three objectives: Protect young pers...

It has been over a year since Canada legalized cannabis.  Although individuals could make cannabis food and drink for personal use under the legislation, such products were initially not able to be produced or sold commercially.  As of Octobe...

Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so, how much? Why have the rules changed? Are there any benefits to providing advances? Wha...

Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...

The Alberta government introduced Bill 21: Ensuring Fiscal Sustainability Act, 2019 on October 28, 2019. This bill proposes several legislative changes that will impact labour and employment relations in the Province and which raise various considerati...

On October 28, 2019 the Alberta government introduced two bills (Bills 20 and 21) which propose several legislative changes that will impact post-secondary institutions in the Province, as well as their students. The legislation has various aspects wor...

Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to prov...

The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace.   The City of Calgary (the “City”) ...

The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim.  Na...

An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.  Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo...

The insurance issues surrounding liability for personal injury are always changing. Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so...

As most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote (unless an employee has already exercised the right to vote by casting an advance ba...

Business succession is a principal and critical component of personal succession for owners of closely held businesses. This is a long-term, complex process that must be managed with a structured approach. Presented by Rob Worthington and J.R. Mac...

Professional regulatory organizations are responsible for assessing applications for professional licensing and applying registration requirements in a fair and transparent way. This task is made increasingly difficult by the evolving regulatory and le...

The Alberta Court of Appeal has issued a decision involving the interpretation of the Alberta Public Health Act, which may have broad implications on limiting liability of public bodies. Frank v. Alberta Health Services, 2019 ABCA 332 involves a medica...

Join Field Law in Edmonton and Calgary and learn tips and tricks to assist with the implementation and enforcement of three workplace policies Employers should have in place in today’s market.We will explore how changes in legislation and culture...

Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...

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...

As we previously reported, on June 19, 2019, the United Conservative Party introduced Bill 11 - Fair Registration Practices Act in the Alberta Legislature. Bill 11 received Royal Assent on June 28, 2019, and will come into force on proclamation.Jo...

The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside ...

The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act applicable to a statutory claim for damages under the Personal Information Protection Act (PIPA) does not begin to run until a Commissioner&...

The Urban Planning Committee voted on Tuesday, August 20, 2019, to recommend the adoption of a new Business Licence Bylaw, in an effort to begin regulating short-term rental accommodations in the City of Edmonton. Often described simply as “short...

The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership. An insurer wishing to get out of an auto policy for misrepresentation must terminate the policy on notice, which d...

The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931 FACTS + ISSUES The parties settled a personal injury action three weeks befor...

The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been d...

On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent state...

The federal government recently passed Bill C-45, an act that legalized personal consumption and cultivation of cannabis in small amounts. This new law, referred to as the Cannabis Act, came into effect on October 17, 2018. In combination with newly in...

With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally tips in favour of the employer. Employers are responsible for providing training and supervision to employees, c...

As noted in our previous alert, the United Conservative Party’s election platform included a promise to pass a Fair Access to Regulated Professions and Compulsory Trades Act, modelled on similar legislation adopted by the Province of Ontario in 2...

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...

In Facey v Bantrel Management Services Co., 2019 AHRC 4 the Alberta Human rights Tribunal made a watershed costs award against a complainant. Tribunal Chair Langlois-Klassen acknowledged in her decision that costs should only be awarded against a compl...

Effective June 1, 2019, Transport Canada has new rules for flying drones in Canada. These new regulations hope to enhance predictability for businesses and improve the safety from drone operations relating to aviation and the Canadian public. &nbs...

On Monday May 27, the UCP-led Government of Alberta introduced Bill 2: An Act to Make Alberta Open for Business. Bill 2 passed its first reading and is aimed at reversing some of the legislative changes made by the NDP during its time in government. If...

Restrictive covenants operate outside of – and in addition to – municipal zoning bylaws. The obligations associated with restrictive covenants “run with the land” and are binding on any future buyer of the property.Historically,...

Canadian private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of inv...

The Supreme Court of Canada may soon be considering the intersection between estate and privacy law as well as the public policy behind the “open court” principle.  The personal representatives of the estates of murdered Canadian billi...

Local Alberta breweries Elite Brewing (visited, love the carbon fibre bar) and Bow River Brewing have been on the receiving end of a cease and desist letter from the City of Calgary over a beer label for Fort Cal...

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...

A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligati...

Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: The types of financial statements that a lawyer and or adjustor will be provided in suppo...

Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing:  Reserving Rights and Alberta Auto Coverage Defences  An overview of the major types of coverage defences of the auto insurer under Alberta's stand...

Significant amendments have been made to the Partnership and Business Names Act (the Act), RSNWT 1988, c P-1.The amendments to the Act effect partnerships, limited partnerships, and extra-territorial partnerships. Previously, there were no renewal requ...

Merrifield v The Attorney General, 2019 ONCA 205, represents the first case in which a Canadian appellate court has considered whether a common law tort of harassment exists. In its decision released last week, the Ontario Court of Appeal declined to r...

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...

In order to maintain a permanent residency in Canada, residents must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed by Immigration, Refugees and Citizenship Canada (“IRCC&rdqu...

Erika Carrasco discusses how the law surrounding drones offers a typical example of the challenges of working in a fast-developing area.

Regulators have traditionally used a test of “good character and reputation” to assess applicants. However, the question remained – to what extent can regulators apply the test of “good character and reputation” for applic...

In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...

The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r...

Practical Considerations for the Investment Income Rules for Private Companies Canadian private companies have seen much newsworthy tax reform in recent years. One change is in the area of income sprinkling. Another major change in tax law is t...

Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin...

Join Field Law for a review of the most important legal cases from 2018. Topics covered will include: Labour Employment Human Rights Occupational Health + Safety Privacy Immigration Cannabis This seminar will be broadcast live via ...

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 ...

Ontario English Catholic Teachers’ Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitab...

Learn about the most important professional regulatory Court cases of the past year. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, KC and Kim Precht...

On January 9, 2019, Transport Canada published new rules for flying drones in Canada to enhance predictability for businesses, improve the security of aviation and ensure our airspace is safe for everyone.  The new regulations distinguish bet...

Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties ...

A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.Dion v Security National Insurance Company, 2018 ABPC 242 FACTS AND ISSUES: The Plaintiff Dion was in...

In time for the holidays, this is a tale of competing brands sloshing around the marketplace. Please enjoy responsibly.Diageo North America, Inc. is purveyor of some of the world’s best-known brands of spirits and beer, some of which are probably...

In our November 5, 2018 Professional Regulatory Alert we provided a brief summary of Bill 21, “An Act to Protect Patients” and addressed some of the implementation steps required of Colleges. By way of update, on November 19, 2018 the Bill ...

It is fairly common for a written employment agreement to seek to limit an employee’s termination notice to the minimum amount prescribed under employment standards legislation. However past case law suggests that doing so may be more difficult t...

On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).In Cardinal, the insurer, AMA, iss...

In June of 2018, Alberta Health issued a Discussion Document indicating that the Government was considering amendments to the Health Professions Act (HPA) to better protect patients from sexual abuse by health professionals. The Discussion Do...

Through its automatic web of connections, the humble hashtag has been repurposed: it’s now associated with the cachet of internet fame.  In social media platforms the hashtag brings users from one descriptor to thousands of associated result...

Placing Smart Contracts in Context  A “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in th...

Join us for our annual Summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Topics to be covered include:  Governance: Representative Roles + Responsibilities Academic Labour Relations + Barg...

In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professiona...

Effective professional discipline investigations are fundamentally important to the professional discipline process. The information that is obtained is used to make decisions about complaints that are received, including whether there is sufficient ev...

When an insurer contemplates settling to its policy limits in an auto case, it must take steps to ensure that all potential claims have been accounted for.  Where an insurer, knowing of another claim for the same accident, paid its limits in three...

In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C...

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 ...

In 2015, an Ontario craft brewer, Beau’s All Natural Brewing Company (Beau’s) applied for a trademark for B-SIDE BREWING LABEL, for use in association with Ontario craft beers. The “B-Side Brewing Label” is an innovative promoti...

Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situation...

One year ago, Michael Bond, CBE the creator of the beloved literary character, Paddington Bear, passed away in London, England at age 91. Though I recall seeing snippets of Paddington Bear on the television when I was young, I never actively watched th...

Two years ago to this day, a promising young actor's life was cut short by a tragic accident at his Los Angeles home. Anton Yelchin, age 27, was killed in his driveway when his SUV rolled back and pinned him against his security fence and mailbox. ...

You’ve heard all the evidence and the charges are proven. For the professional whose career is on the line, nothing could be more important than what comes next... Presented by James Casey, KC and Gregory Sim of the Field L...

Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s...

Today marks the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death ...

If you dread doing your own taxes, then think twice about becoming an executor of an estate. One of the core duties of a personal representative is to deal with the deceased’s taxes. In Alberta, the duty is contained right in the Surrogate Rules,...

Some people are good for their word. Others are not. Depending on the circumstances, a promise you make may not be legally enforceable. However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judg...

Generally speaking, the law will not protect you from making a bad bargain. However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may ...

The blockchain technology underlying BitCoin and other cryptocurrencies was originally designed and conceived as an open protocol that would not be owned by any one centralized entity, whether government or private. Just like other foundational pr...

I have been on quite the hiatus since last year!  I apologize – I have found that a wills and estates practice inevitably ramps up in the last month of the year on both the planning and litigation sides and last December was no exception. I...

‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be p...

  Field Law would like to confirm how many people are planning to watch our webinar. **Group pricing is available to attendees from the same business or organization watching the webinar together in the same room** W...