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February 28, 2023
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Join Field Law’s Wills, Estates + Trusts Group for a complimentary lunch seminar designed to assist charities and non-profit organizations and their staff with an understanding of estate administration laws and procedures so as to better ...
February 2023
2022 - 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 will cover Privacy, Employment and Human Rights. To view the recording for Part 1, w...
February 7, 2023
Important Professional Regulatory Cases of 2022
Learn about the most important professional regulatory court cases of 2022. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Katrina Haymond, KC, this popular annual w...
January + February 2023
2022 - 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 will cover Labour, Occupational Health + Safety and Immigration. To regist...
January 2023
Proposed Increase in the Provincial Court Civil Claims Limit
How will the proposed increase of the Provincial Court civil claims limit affect you?While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial ...
January 2023 - 4 min read
Does a Subcontractor Have a Claim for Unjust Enrichment Against the Owner?
The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in ...
January 2023 - 6 min read
How a Woman Uses an Obscure Legal Tool to Expose Online Trolls in Court
When a woman turned to leaders at The Meeting House megachurch in southern Ontario with allegations that her former pastor had sexually abused her, the ensuing investigation forced the pastor to resign and resulted in a reckoning that led to a drop ...
January 2023 - 4 min read
Court Provides Clarity on Substituting Lien Bonds for Cash in Court
The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legis...
January 2023 - 4 min read
Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members
January 2023
Meet Our Newest Partner
Field Law welcomes Erin Berney to its partnership.Field Law is pleased to welcome Erin Berney as a firm partner, starting January 1, 2023.“Erin has done a remarkable job establishing her vibrant law practice and we are happy she has accepted o...
January 2023 - 3 min read
Alberta Court Finds Defendant Breached 2003 Agreement to Sell Land
December 2022 - 4 min read
Push it to the Limit: Amendments to the Provincial Court Act
While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases. This gives litigants more fl...
December 2022 - 5 min read
Aging Condominiums: Repair or Terminate?
December 2022 - 3 min read
Determining Quorum + Retaining Jurisdiction in Disciplinary Proceedings
In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been ot...
December 2022 - 3 min read
When Worlds Collide: The Interplay Between Liens and Adjudication Orders
Alberta’s prompt payment and adjudication provisions are based heavily on Ontario’s Construction Act, but a major difference is the extent of trust provisions. In Alberta, a trust only arises when a certificate of ...
December 2022
The World of Digital Assets is Not a Lawless One
December 15, 2022
Legal + Financial Check-Up for Construction + Trades Business Owners
What legal issues should construction and trades business owners be aware of throughout all stages of a project? What financial processes should be in place to help owners operate successfully? Join Field Law's Anthony Burden and KWB Ch...
December 13, 2022
Investigation Tales: Strategies + Tips for Challenging Investigations
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for a special holiday roundtable. At this roundtable, our seasoned guest panelists with discuss anticipating and responding to challenging issu...
December 2022 - 3 min read
Mitigation Obligation Clarified: Employee Not Required to Seek Lesser-Paying Job
The Ontario Court of Appeal has clarified that a terminated employee is obligated to mitigate damages by seeking comparable employment to her previous job, not lesser jobs. The Court set aside a previous decision to redu...
December 7, 2022
Field Law Community Fund Program Donates $75,000 to Community Projects Across Alberta and Northwest Territories
This year, Field Law received 130 applications from organizations and individuals with “pay-it-forward” ideas for their communities. Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Pr...
December 2022
Employer Liability at Events
How can you minimize your legal exposure when serving alcohol at work events?It’s the most wonderful time of the year, the holiday season, and you’re probably getting ready to host some fun events to celebrate. However, if you choose to ...
December 2, 2022
Legal Obligations of Condo Board Members: Financial Update
With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nati...
November 2022 - 5 min read
Regulatory Reform in Alberta: A Status Update
The implementation of the Health Professions Act ("the HPA") on December 31, 2001 introduced major regulatory reform to Alberta, and for the next 17 years there was an extended period of legislative stability. Then, in 2018, th...
November 2022 - 3 min read
Arbitration and Litigation and Bankruptcy, Oh My!
What happens when a party who has agreed to arbitrate its dispute goes bankrupt? If the arbitration process compromises the efficiency of the receivership process, the Court may decide to deal with the dispute and the entire bankrup...
November 18, 2022
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 2022
Getting a Grip on Slip-and-Fall Cases: Nelson (City) v. Marchi
November 16, 2022
Occupiers’ Liability: Refresher on Key Issues + How to Use Biomechanical Evidence
Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide cl...
November 2022
Complete or Not Complete: When is Substantial Performance Attained?
In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requis...
November 2022
Right to Disconnect
What does the "right to disconnect" mean, and how does this affect Alberta employers? Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Alb...
October 2022 -1 min read
Alberta Legislative Session Prorogued: Bill 23 Will Die on Order Paper
Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legisl...
October 27, 2022
An Employer's Guide to Hybrid Work Arrangements
Employers have been navigating the COVID-19 pandemic longer than we anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote...
October 2022 - 3 min read
Two Words Too Many? Drafting Termination Provisions in an Employment Contract is Delicate Work
A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions. In Bryant, three employees whose employment was terminated on 60 days’ notice argued they ...
October 2022 - 5 min read
Alberta’s Top Court Re-Writes Rules for Costs Orders in Professional Discipline
The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in inves...
October 6, 2022
Field Law Community Fund Program Invites Public to Vote on Local Community Projects for Chance at Funding
All members of the public can support community-minded projects by casting their vote online at fieldlawcommunityfund.com. October 6, 2022 - Starting today, Alberta and Northwest Territories residents are invited to vote for their favourite comm...
September 30, 2022
National Day for Truth and Reconciliation
The Federal legislation declaring September 30 as the National Day for Truth and Reconciliation a statutory holiday represents a valuable and important continuation in the truth and reconciliation process. It provides an opportunity to commemorate a...
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...
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