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August 2020 - 10 min read
Case Study: Apps v. Grouse Mountain Resorts Ltd.
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 ex...
August 2020 - 6 min read
Case Study: Pembridge Insurance Company of Canada v. Chu
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 suffici...
August 2020 - 9 min read
Case Study: Laridae v. Co-operators
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 ...
August 2020 - 6 min read
Case Study: Little v Floyd Sinton Limited
A plaintiff’s incapacity does not, as a matter of law, relieve him/her of the obligation to mitigate their damages; the issue of mitigation must still be put to the trier of fact.Little v Floyd Sinton Limited, 2019 ONCA 865 per Roberts, J.A. ...
August 2020 - 19 min read
Case Summary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited
The British Columbia Court of Appeal held that while a car dealership which failed to secure a vehicle on its lot may be liable for an accident which occurs as the thief drives out of the dealership, it was not liable where the thief drives away fro...
August 2020 - 3 min read
Stress-Testing Your Asset and Corporate Structure
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 scenario...
July 30, 2020
Regulatory Reform Comes to Alberta
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 Professi...
July 2020 - 4 min read
COVID-19 and the Impact on the Cannabis Industry
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 ...
July 23, 2020
Coffee + Counsel: Mitigating Risk as Employees Return to Work
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 re...
July 2020 - 1 min read
Update: Proposed Changes to the Canada Emergency Wage Subsidy (CEWS)
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...
July 7, 2020
Privacy for Health Care Organizations: What Has Changed and What Hasn’t?
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 l...
June 2020
2020 Field Law Community Fund Program - Now Open
Over the last seven years the Field Law Community Fund Program has awarded funds to support 96 organizations and charitable initiatives throughout Alberta and the Northwest Territories. With $550,000 donated in support of these local charities to da...
June 2020 - 2 min read
Bill 24: A Further Extension of the Temporary Layoff Period to 180 Days
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 in...
June 2020 - 6 min read
Major Win for York on Copyright: York University v. Access Copyright Case Review
Update: In June 2020, as expected, both The Canadian Copyright Licensing Agency ("Access Copyright") and York University have filed applications for leave to appeal the FCA decision to the Supreme Court of Canada. Original Post: April 2...
June 25, 2020
How Amendments to the MHSTA Impact Landlords of Manufactured Home Communities
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&rsquo...
June 2020 - 4 min read
Bill 21: An Act to Protect Patients from Past Conduct of Health Care Professionals
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...
June 2020 - 3 min read
Disruptive Behaviour is a No-No!
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 ...
June 2020 - 6 min read
Commercial Tenancies Protection Act (Alberta)   
The Alberta government is moving forward with Bill 23, the Commercial Tenancies Protection Act (“CTPA”). The Bill was tabled in the Legislative Assembly on June 16, 2020 and passed First Reading the same day. This is a government Bi...
June 2020 - 2 min read
CERB Extension – What Does This Mean for Employers?
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 ...
June 2020 - 6 min read
Ready for Re-Launch! – Practical Advice for Employer “Return to the Workplace” Planning Amidst COVID-19
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....
June 2020 - 7 min read
Case Study: Bradfield v Royal Sun Alliance Insurance
An insurer was held not to have waived a policy breach and was not estopped from relying on it to deny coverage where it learned of the breach after having begun defending the claim against its insured, even though evidence of the breach existed bef...
June 2020 - 4 min read
Case Study: Burns v RBC Life Insurance Co
The Ontario Superior Court of Justice struck claims brought by an insured against an insurer’s disability claim specialist and an appeals consultant in their personal capacities as employees after his LTD benefits were terminated by them becau...
June 2020 - 7 min read
Case Study: G&G Oil Co. of Indiana v. Continental Western Insurance
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...
June 2020 - 6 min read
Case Study: Mann v. Jefferson
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. Je...
June 2020 - 7 min read
Case Study: Grossman v. Nissan Canada
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...
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