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July 2024 - 6 min read
First Court Decision Interpreting New Streamlined Trial Rules in Alberta
In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employ...
July 2024
Understanding Privilege in Workplace Investigations
The Alberta Court of King’s Bench recently ordered the disclosure of various records concerning the employer’s decision to terminate the employee’s employment for cause. The employer claimed that the records fell w...
July 2024 - 4 min read
Alberta's Direct Compensation for Property Damage Regime in Action
A ruling out of the Alberta Court of Justice emphasizes that property damage claims covered by s. 585.1 should follow the guidelines of s. 585.1 and section A.1 of the Auto Policy. While Justice Argento's decision doesn't di...
June 25, 2024
Supply Chain Legislation + Sustainability: Understanding the Risks
Join global supply chain experts Achilles and Field Law for a discussion centred on the global wave of supply chain legislation, its connection to ESG principles and the risks and the opportunities for Canadian businesses. Embracing Environmental...
June 20, 2024
Effective Concussion Treatments: Separating Fact From Fiction
Rest. Physiotherapy. Vestibular training. ´╗┐Neuro-optometric rehab. Cognitive rehabilitation. Psychological treatment.The therapeutic treatment modalities available for the relief and improvement of concussion related symptoms have ballooned in ...
June 2024 - 6 min read
Sludgy Pleadings: The Test for Withdrawing Admissions
To withdraw admissions, the applicant must demonstrate: (1) that the proposed amendment raises a triable issue, (2) there is a reasonable explanation for the withdrawal, and (3) that the withdrawal will not result in prejudice to th...
June 2024 - 7 min read
Don’t Hold Me To It! Where Contractual Intention Overrides Statutory Conditions
This case highlights that prudency when drafting or agreeing to an exclusion clause in a purchase agreement is critical. Wording isn’t everything - a court will analyze each party’s intentions and the facts surrounding t...
June 2024 - 10 min read
Judicial Review of MAiD
In 2016, Canada legalized Medical Assistance in Dying (MAiD), sparking debates on patient eligibility and judicial oversight of medical decisions. In March 2024, a pivotal case, WV v MV, addressed these issues. MV, a 27-year-old was...
June 2024 - 4 min read
Truth on Trial: The Impact of Unreliable Expert Witnesses
The Ontario Court of Appeal case R v Hason highlights the critical issue of unreliable expert testimony. The conviction of Richard Hason was influenced by the testimony of Dr. Scott Woodside, whose credibility was later questioned d...
June 13, 2024
Reviews of Registration + Practice Permit Decisions Under the Health Professions Act
The majority of the work done by Council members consists of governance with respect to the College’s regulatory functions and operations. Council members also have important adjudicative functions, and are also responsible for conducting...
June 12 - 3 min read
Does an IP Address Qualify as Personal Information?
In a recent 5:4 decision, the Supreme Court of Canada ruled that IP addresses carry a reasonable expectation of privacy and should be considered personal information. This landmark decision means that requests for IP addresses by la...
June 12, 2024
Legal Considerations for Employee Off-Duty Conduct
The actions of employees outside of work hours can have significant implications for their careers and their employer’s business. As employees and employer both navigate an increasingly connected world, it is vital to understand the boundaries...
June 5, 2024
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 Gregory Sim, Kimberly Precht and Vivian Stevenson, KC...
May 2024 - 4 min read
Non-Competition Covenants in Alberta
While the U.S. and Ontario have recently banned the use of non-competition covenants (Non-Competes) in most employment contracts, Alberta still relies on common law to enforce them. Courts in Alberta are cautious, requiring employer...
May 2024 - 3 min read
What Happens When Your Trademark Evolves?
Trademarks often evolve as part of a brand refresh or rebrand, raising important questions about maintaining trademark rights. Before undertaking a brand refresh, consult your trademark agent to determine if a new trademark applicat...
May 29, 2024
Whose Lane Is It Anyway?
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.Professional regulatory bodies, whether small or large, are complex organizations with mandates to govern professions in the p...
May 2024 - 5 min read
Proving Use of a Trademark on Social Media
Trademarks frequently become points of contention among competitors, with social media posts now playing a significant role as evidence in these disputes. It's essential for business owners to seek guidance on how to appropriate...
May 2024 - 5 min read
Constructing Confidence: The Adequacy of Letters of Credit in Lien Security
TruGrp Inc. v. Karmina Holdings Inc. addresses the adequacy of letters of credit as security to vacate a lien. Concerns were raised about the enforceability of a bank’s letter of credit due to specific language that might rend...
May 2024
Field Law Ranked as Top Ten Employer for Law Students
Field Law has been identified as a top ten place to work for law students across Canada. Field Law was ranked ninth nationally and jumped up the rankings by four places in the annual Universum ranking of most attractive employers for students in the...
May 16 - 4 min read
Judge, Jury + Mediator: The One-Stop Shop of Binding JDR
In the landscape of legal dispute resolution, binding judicial dispute resolution (binding JDR) presents a compelling alternative to traditional litigation, merging judicial authority with the flexibility of mediation. This method is particularly be...
April 18, 2024
Physical Medicine + Rehabilitation with Dr. Lo
Join Field Law and Dr. Alto Lo, MD, FRCPC, CSCN Diplomate (EMG) for a complimentary lunch and learn that will provide insurance professionals with a better understanding of the field of physical medicine and rehabilitation, and the in...
April 2024 - 3 min read
Spoiler Alert: Don’t Destroy Evidence
The Ontario Court of Appeal ruled that Ontario improperly destroyed documents related to Trillium's halted wind farm project. Though Trillium's original claims were dismissed and costly, the appeal revealed Ontario's fai...
April 2024 - 5 min read
When Is a Lien For Design Work Valid?
When determining whether a party has performed or provided work "in relation to an improvement", BC courts will not stray from the rule that, without any physical demolition or construction work having begun, pre-construct...
April 2024 - 6 min read
New Procedures Introduced at the Office of the Information and Privacy Commissioner of Alberta
The Office of the Information and Privacy Commissioner of Alberta has revised procedures for handling access to information reviews and privacy complaints under FOIPPA, PIPA, and HIA. These changes aim to expedite processing ti...
April 2024 - 3 min read
The New Streamlined Trial Process
Starting January 1, 2024, a streamlined trial process for civil and family matters was implemented. Identified issues with the previous summary trial process included the absence of a fixed deadline for objections on the mode of trial leading to las...
April 2024 - 6 min read
Justice in the Classroom: A Key Decision on Student Disciplinary Rights
A recent decision from the Alberta Court of Appeal emphasizes the critical importance of procedural fairness in internal disciplinary actions within post-secondary institutions. The ruling centred on a student's right to ac...
March 2024 - 2 min read
Employers Do Not Have the Right to Terminate an Employee “At Any Time”
The Ontario Supreme Court recently ruled that employers do not have the right to terminate employees "at any time". The Court held that the termination clause was unenforceable because it could violate statutory protected ...
March 2024 - 3 min read
Balancing Innovation + Integrity: Navigating AI's Impact on the Legal Profession
A Cautionary Tale In a recent and notable incident in British Columbia, the legal profession was given a stark reminder of the pitfalls associated with the use of Artificial Intelligence (AI) in legal practice. A Vancouver lawyer faced repercussi...
March 2024 - 7 min read
The Owner Strikes Back: Subcontractor Unjust Enrichment Claims
When striking pleadings, the moving party must show that it is "plain, obvious, and beyond doubt" that the plaintiff's claim could not succeed – it must have no reasonable prospect of success. This is typically a...
March 2024 - 4 min read
What Kind of Signature is Required?
In today's digital age, HR professionals face critical decisions regarding the use of electronic versus traditional wet ink signatures for employee documents. This choice hinges on legal compliance, security, and the specific re...
March 15, 2024
People, Pets + Parking: Balancing Reserve Funds + Repair Responsibilities
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plag...
March 2024 - 7 min read
Ontario Court Addresses Important, Recurring Issues in Complex Liability Coverage Disputes
The Court of Appeal (i) affirmed time-on-risk as the correct method for allocating the costs of defence between insurers when claims span many years, (ii) affirmed that insurers are not obligated to reimburse their insureds for the ...
March 2024 - 2 min read
Tax Compliance for Bare Trusts in Alberta Real Estate
For taxation years beginning in 2023, bare trusts are required to file a T3 Trust Income Tax and Information Return. The return requires detailed information about the trustee and the beneficiaries. Failure to comply with this filin...
March 6, 2024
Beyond Borders: An Update on Cross-Border Trust Issues
Join Rob Worthington and Saul Abrams for Beyond Borders, a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From un...
March 2024 - 4 min read
Interviewing Witnesses as an Adjustor: Don’t Invite Everyone!
This case highlights the importance of exercising care when inviting parties to an witness interview. Broad invites can lead to unintended waiver of litigation privilege over interview transcripts. In relation to a building fire for...
March 5, 2023
Field Law Lawyers ranked in the 2024 Canadian Legal Lexpert® Directory
Field Law congratulates 15 lawyers recognized as Leading Practitioners in the 2024 Canadian Legal Lexpert® Directory.  The following lawyers have been recognized:  Malkit Atwal - Estate + Personal Tax (Estate + Tax Planni...
February 28, 2024
Let's Talk About the Charter
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our first roundtable of the year.This session will focus on the intersection of the Canadian Charter of Rights and Freedoms and profession...
February 2024
2023 - 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 covered Employment, Privacy and Human Rights. To view Part ...
February 2024 - 5 min read
Unionized Employee: Grievance or Human Rights Complaint?
The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. However, the C...
February 2024 - 3 min read
The Fine Line in Construction Lien Errors
When registering a lien, ensuring the information included is accurate is crucial to lien validity. Getting the date work was completed, or the legal land location, wrong, is often fatal. But where does the court draw the line betwe...
February 20, 2024
Beyond TENS + Hot Packs: Physiotherapy's Role in Insurance Files
In the dynamic field of physiotherapy, understanding the nuances of AB-2 and AB-4 reports is crucial for effective treatment and legal documentation. This lunch and learn will review the essentials of interpreting these reports and provide insights ...
January 31, 2024
Important Professional Regulatory Cases of 2023
Learn about the most important professional regulatory court cases of 2023. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by Katrina Haymond, KC, Gregory Sim and James Casey, th...
January 2024 - 4 min read
Construction Liens: Resolving Costs in Default Actions
In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses fo...
January 2024
Field Law Welcomes New Partners
Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant...
December 2023 - 5 min read
How Much is Too Much: Extraordinary Remedies for Excessive Liens
Determining the proper amount of a construction lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter...
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