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September 2022 - 4 min read
Can Surety Bonds be Rescinded Due to a Contractor's Fraudulent Conduct?
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 ...
September 2022
Privacy Torts + Vicarious Liability: What Can Organizations Do?
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 ...
September 2022 - 2 min read
Excess Patent Claim Fees are Coming to Canada - Keep Calm and Carry On
Amendments to Canada’s Patent Rules, coming into force on October 3, 2022, will introduce excess claim fees into Canada’s patent regime (amongst other changes). If examination of a Canadian patent application is requested on or after Oct...
September 16, 2022
People, Pets + Parking: Your Condo Building Insurance Questions Answered
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 ...
September 2022 - 3 min read
Court Provides Important Ruling on Pre-Judgment Interest
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&qu...
September 6, 2022
Field Law Community Fund to Award $75,000 to Community Projects – Applications Are Now Open
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 Communi...
September 2022 - 4 min read
Exposure for Developers: Potential Liability for Dangerous Defects
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'...
August 2022 - 5 min read
Court Clarifies Indirect Loss Claims and Class Proceeding Definitions
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...
August 25, 2022
The Best Lawyers™ in Canada 2023
Field Law is pleased to announce that 39 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 reviews ...
August 2022 - 4 min read
Final Countdown: Top 5 Things to Keep in Mind for Prompt Payment
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 ...
August 17, 2022
Employment Law Fundamentals
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...
August 2022 - 2 min read
Constructive Dismissal: Silent Acquiescence = Acceptance
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. ...
August 2022 - 6 min read
Start-Ups and Securities - Understanding Stock Options
Introduction  Stock options are a type of security granted by a corporation (the "Issuer") to a person (the "Optionee"), giving such Optionee the right, but not the obligation, to purchase an underlying security of the ...
August 2022 - 3 min read
The Artificial Intelligence and Data Act… Coming Soon to AI Near You
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 prop...
August 2022 - 7 min read
Delay in Professional Discipline Proceedings
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 Saskatch...
August 2022 - 3 min read
Do You Own a Business? You Need a Good Estate Plan
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...
July 2022 - 3 min read
Alberta Court Releases First Decision Regarding Masking Policies + Constructive Dismissal
In Benke v. Loblaw Companies Limited, the Alberta Court of Queen’s Bench 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 decis...
July 2022 - 5 min read
Connected + Protected? Lien Rights on Different Lands
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...
July 2022 - 3 min read
Accessing Venture Capital: Five Practical Tips for Start-Ups
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 b...
June 2022 - 5 min read
Employment Contracts: Leave No Room for Interpretation!
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 an...
June 23, 2022
People, Pets + Parking: How to Avoid + Address Pet Problems
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 ...
June 15, 2022
Evidence Documentation in Forensic Investigations
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 guideline...
June 14, 2022
Selling Your Business: Legal + Financial Considerations
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...
June 14, 2022
Call the Expert! What Regulators Need to Know About Retaining + Instructing Expert Witnesses
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...
June 2022 - 6 min read
Designing and Implementing Policies in a Multigenerational Workplace
Authors: Christin Elawny and Nada Ladhani The modern workplace is becoming more multigenerational and diverse, which is driving change to workplace policies and practices. As organizations review and consider adjusting their workplace policies...
May 2022 - 10 min read
Bill 23: A Major Overhaul for Professional Regulatory Legislation in Alberta
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 ...
May 2022 - 3 min read
Don’t Sit Still: Is Your Company Ready to Cope with the Current Pace of Change?
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 pa...
April 28, 2022
Assessing + Preventing Unconscious Bias in Professional Regulation
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 o...
April 2022 - 3 min read
Alberta's New Umbrella Legislation: Streamlining the Regulation of Non-Health Professions
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 ex...
April 2022 - 2 min read
Prematurity: Challenges to the Hearing Tribunal’s Jurisdiction
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 me...
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