People
Services
Industries
News + Views + Events
Careers
Offices
Payments
People
Services
Business
Business Entities
Finance + Banking
Securities
Collections, Bankruptcy + Insolvency
Constitutional
Construction
Construction Bonds
Construction Liens
Delay Claim Litigation
Deficiency Claim Litigation
Surety
Cross-Border Services
Intellectual Property + Technology
Commercializing IP
Copyright
Designs
IP Litigation
Patents
Trademarks
Trade Secrets
Labour + Employment
Employment
Labour
Occupational Health + Safety
Pensions + Benefits
Workplace Human Rights
Workplace Investigations
Immigration
Litigation
Alternative Dispute Resolution
Class Actions
Corporate + Business Disputes
Criminal
Products Liability
Mediation + Arbitration
Mergers, Acquisitions + Capital Markets
Privacy + Data Management
Professional Regulatory
General Counsel for Professional Regulatory Organizations
Training
Complaints
Registration
Independent Tribunal Counsel
External Reviews of Professional Regulators
Legislative Reform + Development
Litigation for Regulators
Administration
Real Estate
Real Estate Development
Land Development
Buying, Selling + Financing
Commercial Property Leasing
Condominium
Ownership Structuring
Residential Conveyancing
Tax
Wills, Estates + Trusts
Wills + Estate Planning
Estate Administration
Trusts
Guardianship + Trusteeship
Estate + Trust Disputes
Industries
Cannabis
The Business of Cannabis
Protecting Your Cannabis IP
Cannabis in the Workplace
Construction
Craft Brewing + Distilleries
Education
Emerging Technology
Cyber Liability
Drones
Esports
Internet Law
Self-Driving + Autonomous Vehicles
Energy + Environment
Finance + Banking
Health
Hospital + Medical Staff Relations
Public Health
Medical Malpractice
Indigenous
Insurance
Law Enforcement
Labour Relations Advice
Police Services
Civil Litigation
Media + Entertainment
Mining + Minerals
Municipal
Northern Canada
Professional Regulatory
Public Sector
Real Estate
Transportation
About Field
Value Advantage
Global Network
Leadership Team
Recognition
History
Land Acknowledgment
News + Views + Events
Community
Field Law Community Fund
Careers
Why Field Law?
Articling and Summer Students
Articling Students
Summer Students
Application Tips
Interviews
FAQ
Lawyers
Administrative and Legal Support
Current Openings
Offices
Calgary
Canmore
Edmonton
Yellowknife
Payments
Employee Login
Client Extranet
Field Law Website works best with JavaScript enabled.
News + Views + Events
Search News + Views + Events
category
News
Views / Thought Leadership / Articles
Press Releases
Events
Past Events
Upcoming Events
Blogs
industry
Cannabis
Cannabis >> Cannabis in the Workplace
Construction
Craft Brewing + Distilleries
Education
Emerging Technology
Emerging Technology >> Cyber Liability
Emerging Technology >> Drones
Emerging Technology >> Esports
Emerging Technology >> Internet Law
Energy + Environment
Finance + Banking
Health
Health >> Medical Malpractice
Health >> Public Health
Indigenous
Insurance
Law Enforcement
Mining + Minerals
Municipal
Northern Canada
Professional Regulatory
Real Estate
Transportation
service
Business
Business >> Business Entities
Business >> Business Entities >> Compliance + Corporate Governance
Business >> Business Entities >> Corporate + Commercial Transactions
Business >> Business Entities >> Societies, Not-For-Profit + Charities
Business >> Finance + Banking
Business >> Securities
Collections, Bankruptcy + Insolvency
Constitutional
Construction
Construction >> Construction Bonds
Construction >> Construction Liens
Construction >> Surety
Cross-Border Services
Intellectual Property + Technology
Intellectual Property + Technology >> Copyright
Intellectual Property + Technology >> Designs
Intellectual Property + Technology >> IP Litigation
Intellectual Property + Technology >> Patents
Intellectual Property + Technology >> Trademarks
Labour + Employment
Labour + Employment >> Employment
Labour + Employment >> Immigration
Labour + Employment >> Labour
Labour + Employment >> Occupational Health + Safety
Labour + Employment >> Pensions + Benefits
Labour + Employment >> Workplace Human Rights
Labour + Employment >> Workplace Investigations
Litigation
Litigation >> Alternative Dispute Resolution
Litigation >> Class Actions
Litigation >> Corporate + Business Disputes
Litigation >> Products Liability
Mergers, Acquisitions + Capital Markets
Privacy + Data Management
Professional Regulatory
Professional Regulatory >> Administration
Professional Regulatory >> Independent Tribunal Counsel
Professional Regulatory >> Training
Real Estate
Real Estate >> Commercial Property Leasing
Real Estate >> Condominium
Real Estate >> Real Estate Development
Tax
Wills, Estates + Trusts
Wills, Estates + Trusts >> Estate + Trust Disputes
Wills, Estates + Trusts >> Estate Administration
Wills, Estates + Trusts >> Trusts
Wills, Estates + Trusts >> Wills + Estate Planning
author / lawyer
A. Danielle Bourgeois
Abbey Bartel
Aidan Nicholson
Alisha Hurley
Amanda Baker
Angela Beierbach
Anthony Burden
Austin Ward
Ayanna Ferdinand Catlyn
Barry McGuire
Ben Civil
Brandon Harrison
Brian Vail
Britt Tetz
Caitlyn Field
Carolyn Paterson
Chelsey Bailey
Christine Hicks
Christine Pratt
Connor Malone
Cory Dawson
Daisy Feehan
Dan Downe
Danielle Mousseau
David Di Gianvittorio
Dawn Filippi
Derek Cranna
Doug Nishimura
Elisa Carbonaro
Erika Carrasco
Erin Berney
Evie Maldonado
Farha Salim
Felicity Aston
Francesca Ghossein
Frank Molnar
Geoffrey Hope
Grant Szelewicki
Greg Harding
Gregory Sim
Isabella Hernandez
J.Graham Martinelli
Jane Freeman
Jared Hubbard
Jarett Schaumberger
Jason Kully
Jennifer Marshall
Jeremiah Kowalchuk
Jeremy Taylor
Jill Bishop
Joël Michaud
John Gilbert
Jonathon Austin
Jordan Lalonde
Justin Denis
Justine Blanchet
Kate Rieger
Katherine Fu
Katrina Haymond
Kelly Nicholson
Kimberly Precht
Kristin Yarish
Laura MacFarlane
Lee Carter
Lindsey Miller
Lisa Statt Foy
Logan Maddin
Lyndon Thiessen
Malkit Atwal
Marc Yu
Maryam Musbah
Matt Vernon
Matthew Turzansky
Melissa Guenette
Michael Doerksen
Pat Robinson
Paul Gill
Paul Kolida
Peter Gibson
Predrag (Peter) Tomic
Prita Madan
Raymond Gallelli
Renée Gilead
Richard Stobbe
Rob Worthington
Ryan Krushelnitzky
Saul Abrams
Scott Matheson
Sharon Stefanyk
Shohini Bagchee
Stefanie Kingsbury
Stephen Doyle
Steve Eichler
Tessa Gregson
Todd Kathol
Trevor Batty
Trina Jackson
Vita Wensel
Vivian Stevenson
subscribe
clear
search
June 25, 2024
Supply Chain Legislation + Sustainability: Understanding the Risks
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...
June 20, 2024
Effective Concussion Treatments: Separating Fact From Fiction
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 ...
June 2024 - 6 min read
Sludgy Pleadings: The Test for Withdrawing Admissions
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 th...
June 2024 - 7 min read
Don’t Hold Me To It! Where Contractual Intention Overrides Statutory Conditions
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 t...
June 2024 - 10 min read
Judicial Review of MAiD
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...
June 2024 - 4 min read
Truth on Trial: The Impact of Unreliable Expert Witnesses
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 d...
June 13, 2024
Reviews of Registration + Practice Permit Decisions Under the Health Professions Act
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...
June 12, 2024
Legal Considerations for Employee Off-Duty Conduct
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...
June 12 - 3 min read
Does an IP Address Qualify as Personal Information?
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 la...
June 5, 2024
Discipline Tribunal Essentials: Fundamental Skills
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...
May 2024 - 4 min read
Non-Competition Covenants in Alberta
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 employer...
May 2024 - 3 min read
What Happens When Your Trademark Evolves?
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 applicat...
May 29, 2024
Whose Lane Is It Anyway?
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 p...
May 2024 - 5 min read
Proving Use of a Trademark on Social Media
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 appropriate...
May 2024 - 5 min read
Constructing Confidence: The Adequacy of Letters of Credit in Lien Security
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 rend...
May 2024
Field Law Ranked as Top Ten Employer for Law Students
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...
May 16 - 4 min read
Judge, Jury + Mediator: The One-Stop Shop of Binding JDR
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 be...
May 10, 2024
People, Pets + Parking: Sustainable Practices in Condo Management
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 plagu...
May 2024 - 2 min read
Legal Notes: The Frustration of Suing the Federal Government for Payment
April 2024 - 2 min read
Court Rules in Favour of Employee in Dismissal Dispute
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...
April 2024 - 10 min read
Canada’s Capital Gains Rate Increase and Considerations for Private Companies
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 com...
April 2024 - 5 min read
Mastering Compliance: Understanding Safety Codes Council Orders and Appeals in Construction
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. Th...
April 18, 2024
Physical Medicine + Rehabilitation with Dr. Lo
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 in...
April 2024 - 3 min read
Spoiler Alert: Don’t Destroy Evidence
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 fai...
April 2024 - 5 min read
When Is a Lien For Design Work Valid?
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-construct...
April 2024 - 6 min read
New Procedures Introduced at the Office of the Information and Privacy Commissioner of Alberta
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 ti...
April 2024 - 3 min read
The New Streamlined Trial Process
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 las...
April 2024 - 6 min read
Justice in the Classroom: A Key Decision on Student Disciplinary Rights
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 ac...
March 2024 - 2 min read
Employers Do Not Have the Right to Terminate an Employee “At Any Time”
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 ...
March 2024 - 3 min read
Balancing Innovation + Integrity: Navigating AI's Impact on the Legal Profession
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 repercussi...
March 2024 - 7 min read
The Owner Strikes Back: Subcontractor Unjust Enrichment Claims
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...
March 2024 - 4 min read
What Kind of Signature is Required?
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 re...
March 15, 2024
People, Pets + Parking: Balancing Reserve Funds + Repair Responsibilities
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 plag...
March 2024 - 7 min read
Ontario Court Addresses Important, Recurring Issues in Complex Liability Coverage Disputes
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 ...
March 2024 - 2 min read
Tax Compliance for Bare Trusts in Alberta Real Estate
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 filin...
March 6, 2024
Beyond Borders: An Update on Cross-Border Trust Issues
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 un...
March 2024 - 4 min read
Interviewing Witnesses as an Adjustor: Don’t Invite Everyone!
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...
March 5, 2023
Field Law Lawyers ranked in the 2024 Canadian Legal Lexpert® Directory
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 Planni...
February 28, 2024
Let's Talk About the Charter
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 profession...
February 2024
2023 - A Year in Review: Labour + Employment (Part 2)
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 ...
February 2024 - 5 min read
Unionized Employee: Grievance or Human Rights Complaint?
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 C...
February 2024 - 3 min read
The Fine Line in Construction Lien Errors
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 betwe...
February 20, 2024
Beyond TENS + Hot Packs: Physiotherapy's Role in Insurance Files
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 ...
January 31, 2024
Important Professional Regulatory Cases of 2023
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, th...
January 2024 - 4 min read
Construction Liens: Resolving Costs in Default Actions
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 fo...
January 2024
Field Law Welcomes New Partners
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...
December 2023 - 5 min read
How Much is Too Much: Extraordinary Remedies for Excessive Liens
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...
February 2024
2023 - A Year in Review: Labour + Employment (Part 1)
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, whic...
December 14, 2023
Beyond Borders: Year-End Checklist for Cross-Border Affairs
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 oper...
December 12, 2023
Bow Valley Business Series: Privacy + Cybersecurity 101
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 eff...
blog
News + Views + Events