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December 2020 - 9 min read
Case Summary: In re Capital One Consumer Data Sec. Breach Litig.
A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E ...
December 17, 2020
The Old is New, Again? Bill 47 and Psychological Health + Safety
The COVID-19 pandemic has seriously affected peoples’ mental health, and its impacts can be felt in the workplace. Occupational health and safety law requires that employers take steps to promote their workers’ psychological well-being. ...
December 2020 - 4 min read
Policy Changes to the TSX Venture Exchange Capital Pool Company Program
On December 1, 2020, the TSX Venture Exchange ("TSXV") announced new policy changes to its "capital pool company" ("CPC") program. The CPC program is a two-step non-traditional listing vehicle that provides private and ...
December 2020 - 5 min read
Alberta Government Announces New Funding Rules for Sexual Abuse and Misconduct Counselling
When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abu...
December 2020 - 3 min read
Four Key Considerations When Drafting an Investigation Report
Consider this all too familiar scenario:An employer receives a complaint that an employee is allegedly bullying and harassing a co-worker. As part of the investigation, the employer interviews both the complainant and the subject thoroughly and thou...
December 3, 2020
Cocktails + Counsel: Setting Your Business Up for Success in Uncertain Times
Join Field Law for another edition of Cocktails + Counsel, this time co-presented with PARK. This complimentary series brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to local business owners in...
December 2, 2020
Navigating the Maze of Psychological + Brain Injuries
Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficu...
November 26, 2020
Forensic Evidence: How to Prevent + Protect Against Spoliation
Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:•    An overview of the law on spoliation   •    Knowing when to engage...
November 2020 - 3 min read
Largest Costs Award in Alberta Human Rights History Upheld on Appeal
In Facey v Bantrel Management Services Co., 2020 ABQB 719 Rob Rakochey and Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case.  The respondent to the a...
November 2020 - 2 min read
New Restrictions = New Lay-Offs? What Employers Need to Know
On November 24, 2020, the Government of Alberta announced additional restrictions in response to the growing number of COVID-19 cases in the province. Effective November 27, 2020, many businesses will be subject to closures, limited capacity, or app...
November 2020 - 4 min read
Weir in Agreement: Alberta Court of Appeal Confirms Summary Rule
In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (“Hannam”), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decisio...
November 2020 - 2 min read
The Status of Immigration: Looking Beyond COVID-19
This year has been tough on the world. All levels of government are consistently implementing new strategies in hopes of counter-balancing the negative effects of COVID-19. In the last month, two major announcements have been made that will affect A...
November 2020
Bill 46: Regulatory Reform Comes to Alberta (Part IV)
The proclamation of the Health Professions Act in 2001 was the culmination of 7 years of policy analysis as well as broad-based repeated consultation with the public, other stakeholders, and regulatory colleges. This lengthy and careful process of r...
November 2020
Alberta's Health Information Act: What is Changing?
Bill 46: Health Statutes Amendment Act, 2020 (Bill 46) was recently introduced in the Alberta Legislature. The omnibus bill amends a number of pieces of health legislation, including the Health Information Act (HIA). As the Minister of Hea...
November 2020 - 5 min read
European Influence and the Modernization of Canadian Privacy Law: Is Alberta Next?
Canada’s privacy laws have arguably lagged behind the European Union for years. The EU’s General Data Protection Regulation (GDPR) has incorporated a human rights-based approach to privacy within its data protection legisl...
October 2020 - 6 min read
Major Win for York on Copyright: York University v. Access Copyright Case Review
Update: On October 15, 2020 the Supreme Court of Canada (SCC) granted the applications for leave to appeal. The judgment of the Federal Court of Appeal, in York University v. The Canadian Copyright Licensing Agency (“Access Copyright”), ...
October 2020 - 2 min read
Timing is Key: When to Interview the Subject of a Workplace Investigation
While all workplace investigations are unique, there is a general pattern to the order of operations:  A complaint is received.  The complainant is interviewed.  Documents and other supporting evidence are gathered.  Wi...
October 2020 - 3 min read
Constructively Dismissed Employee Entitled to Over $1 Million for Incentive Plan Payment
Have you reviewed the wording of your long-term incentive or other bonus or benefit plans for employees recently? If not, this is something employers will want to consider after the release of the Supreme Court of Canada’s decision in Mat...
October 2020 - 2 min read
Asserting Privilege in the Condominium Context
The issue of asserting solicitor-client privilege in the condominium context is an interesting one, especially as between the condominium corporation and the individual unit owners. There are no simple answers or bright line rules when it comes to r...
October 2020 - 8 min read
Regulating the Use of Social Media by Professionals
The use of social media is widespread in today's world. It is used by nurses, doctors, lawyers, engineers, and other professionals to communicate with friends and others in both their professional and private lives. Social media use by professio...
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