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July 2021 - 7 min read
Clarity From Confusion: Court Confirms Test for Family Status Discrimination
Jonathan Swift once observed that there is nothing constant in the world but inconsistency. The truth of that statement is nowhere more apparent than in the Canadian law governing family status accommodation, where the legal test applied t...
July 2021 - 5 min read
Can Temporary Layoffs Due to COVID-19 be Considered Constructive Dismissal?
During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were directly or indirectly forced to lay off empl...
July 2021 - 5 min read
Contract Drafting Secures Millions in Pre-Judgement Interest
Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision h...
July 9, 2021
People, Pets + Parking: Pandemic Problems - Part 2
Join Erin Berney and Niall Burke for the second installment of our 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 is...
June 2021
SCC to Revisit the Issue of Delay in Administrative Proceedings
“Justice delayed is not always justice denied.” (Abrametz at para 171) For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the ...
June 2021
What's in a Name? Restricted Titles Revisited
In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the ...
June 22, 2021
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 James Casey, QC, Katrina Haymond, Jason Kully and others from F...
June 2021 - 2 min read
New COVID Legislations. New Protections.
What is Bill 70? Multiple provinces across Canada have implemented legislation to create liability protection against COVID-19 for employers and their workers in health sectors. As of June 17, 2021, Alberta joins these provinces with Bill 70, more c...
June 2021
CERB’ing Your Enthusiasm: Court Deducts COVID Wage Replacement Amounts From Notice Period
Despite the breadth and depth of the effects of the pandemic, we have not seen many reported court decisions considering the impact of federal emergency pandemic payments on termination pay. In fact, to date, only two reported decisions appear to ha...
May 19, 2021
Coffee + Counsel: Employers, Are You Ready for the COVID-19 Vaccine?
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we p...
May 13, 2021
Coffee + Counsel: How to Protect Your Business Against Phishing Attacks
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we p...
May 2021 - 3 min read
Builders’ Liens: Where does the Lien Line Lie?
The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determin...
May 2021
Gone Phishing? Cybersecurity Issues Are a Recurring Struggle for Organizations
The prevalence of fraudulent activity has increased during the COVID-19 pandemic. In 2020 alone, the Canadian Anti-Fraud Centre reported 70,948 cases of fraud, with $108.8M lost to fraud. Between March 6, 2020, and March 31, 2021 alone, $7...
May 2021 - 4 min read
Constructing the Right Adjudication System for Alberta
How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constru...
May 6, 2021
COVID Curveball: Legal Considerations for Amateur Sports Organizations
The COVID-19 pandemic has shut down, postponed and otherwise significantly impacted amateur sports in Alberta. For the foreseeable future, amateur sports organizations will need to alter the delivery of their programs to comply with shifting regulat...
May 5, 2021
The Modernization of Canadian Privacy Law: Where Are We Heading?
Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy le...
April 30, 2021
People, Pets + Parking: Pandemic Problems - Part 1
Join Erin Berney and Niall Burke for a complimentary new 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 proper...
April 2021 - 3 min read
Why You Should Avoid Using a Will Kit
Will kits are inexpensive, but that may be their only redeeming quality. It can be very tempting to pick up a $30 fill-in-the-blanks Will kit rather than retaining a lawyer, but before you do, you should consider the risks involved.A Will kit can be...
April 24, 2021
Short-Term Rentals: Legal Clarifications + Bylaw Considerations
With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to...
April 2021 - 3 min read
No Control, No Liability? Clarification on Liability of Owners of Rented/Leased Vehicles
What happens when the owner isn't covered by the Workers' Compensation Act? A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability...
February 2, 2021
Important Professional Regulatory Cases of 2020
Learn about the most important professional regulatory court cases of 2020. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, QC and Leanne Monsma, this popular annual webinar...
January 2021 - 3 min read
"I Quit!" - When is a Verbal Resignation Valid?
In Conway v. Griff Building Supplies Ltd., 2020 CarswellBC 3112, an employee was found to have resigned verbally during a meeting, despite failing to provide a formal resignation letter. The Court considered the matter from the ‘pers...
January 2021 - 2 min read
New Year, New Travel Rules, New US Immigration Policy
Canadian Travel Requirements Travel into Canada continues to be regulated (see our previous post with details) and the monthly extension of restrictions remains without any end in sight. In late December 2020 the federal government announced a ...
January 2021 - 6 min read
Deception + the Honest Performance of Contracts
In 2014 the Supreme Court pronounced that good faith contractual performance is a general principle in the common law of contracts and that there is a common law duty applicable to all contracts to act honestly in the performance of obligations;&nbs...
January 2021
Field Law Announces Five New Partners
The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Fir...
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