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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 builders’ 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 b...
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...
December 2023 - 3 min read
Understanding Canada's Bill S-211: Combating Forced and Child Labour in Supply Chains
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...
December 8, 2023
Navigating Mental Health Challenges in Multi-Housing Communities
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 E...
December 6, 2023
Addressing Sexual Misconduct Allegations in Professional Regulation
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 cove...
November 2023 - 12 min read
Navigating OHS Compliance Post-Sudbury
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...
December 2023 - 3 min read
‘Tis the Season to be Jolly… But be Careful!
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 e...
December 2023 - 4 min read
Production of a Plaintiff’s Medical Reports from a Prior Accident
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 ar...
November 28, 2023
Field Law Community Fund Program Awards $75,000 to Pay it Forward Ideas in Alberta and Northwest Territories
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 i...
November 24, 2023
Calculation + Response to Whole Person Impairment
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...
November 2023 - 6 min read
What Can Right Touch Regulation Mean to You?
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 sa...
November 2023 - 2 min read
Recent Commentary on the Health Professions Act
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 fut...
November 2023
Construction Lien Dilemma: Landlord Liability in Tenant-Driven Renovations
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 regist...
November 17, 2023
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
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 ...
November 16, 2023
Beyond Borders: When Business Takes You Across the Border
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...
November 16, 2023
Bow Valley Business Series: Intellectual Property 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...
November 2023 - 6 min read
Third-Party Beneficiary of a Contract Bound by Mandatory Arbitration Clause
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 subcont...
October 26, 2023
Bow Valley Business Series: Employment 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...
October 26, 2023
Unpacking Concussion Injuries with Dr. Martin Mrazik
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 makin...
October 25, 2023 - 1 min read
Field Law Partner Ayla Akgungor Appointed to Alberta Court of King’s Bench
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 ...
October 2023 - 2 min read
Canada's Underused Housing Tax: Implications for Foreign + Canadian Property Owners
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 p...
October 2023 - 4 min read
Lien on Me: Consequences of Excessive Liens
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 dispute...
October 2023
IP Explained: 5 Common Copyright Myths
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 I...
October 2023 - 7 min read
Liability in Construction Contracts: Negligence + The Corporate Veil
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 ve...
October 5, 2023
Make Your Voice Heard: Field Law Community Fund Program Now Open for Voting
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 ...
October 2023
Top 10 Influential Northern Canada and Arctic Business Law Lawyers 2023
October 2023 - 6 min read
Corporate Names: The Importance of Knowing Who You’re Dealing With
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. ...
October 2023 - 2 min read
Navigating the Intersection of Canadian and EU Privacy Laws
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 an...
September 2023 - 4 min read
New Tax Law Amendments That May Affect Employers
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 wi...
September 2023
Legal Notes: Correct names on Both Contracts and Liens can Save Headaches
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