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October 30, 2024
2024 Post-Secondary Summit
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, Ev...
October 10, 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...
October 8, 2024
Intellectual Property: Practical Advice + Issue Spotting for Businesses
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 ma...
September 24, 2024
Navigating Discipline Decision Appeals
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, Vivian Stevenson, KC and Vita Wensel ...
September 13, 2024
People, Pets + Parking: Accessibility + Inclusivity in Condos
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...
September 10, 2024
Discipline Tribunal Essentials: Advanced 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 Jason Kully and Francesca Ghossein from Field Law’s P...
September 2024 - 4 min read
Is Lien Validity Subject to a Mandatory Arbitration Clause in a Contract?
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,...
September 4, 2024
12th Annual Field Law Community Fund Program to Provide $80,000 in Funding to Great Local Causes
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 an...
August 2024
The Best Lawyers™ in Canada 2025
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 ...
August 2024 - 5 min read
Workplace Drug Testing: What Alberta's Latest Cases Mean for Employers
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 dispute...
August 2024 - 5 min read
Court Overturns Job Terms Added After Offer Acceptance
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 h...
August 2024 - 3 min read
Some Good News About the Backlog in Canadian Trademark Examination
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 no...
August 2024 - 6 min read
The State of AI Regulation in Canada (2024)
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 prog...
August 2024 - 5 min read
Bridge Over Troubled Constitutional Water
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...
August 2024 - 5 min read
Relief from Forfeiture: Imperfect Compliance vs. Non-Compliance
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 e...
July 2024 - 4 min read
Fore! The Perils of Procrastination
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 p...
July 2024 - 5 min read
Understanding Arbitration Appeal Rights in Alberta
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 t...
July 2024 - 6 min read
First Court Decision Interpreting New Streamlined Trial Rules in Alberta
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 employ...
July 2024 - 3 min read
Understanding Privilege in Workplace Investigations
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 w...
July 2024 - 4 min read
Alberta's Direct Compensation for Property Damage Regime in Action
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 di...
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 i...
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 2024 - 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...
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 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...
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