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February 24 + March 10
2020 - A Year in Review Webinar Series
Register now for the Field Law Labour + Employment Group's annual Year in Review, presented via webinar. Join us for legal updates and practical challenges for management and employee groups. Both sessions have been a...
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
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...
January 2020 - 5 min read
Alberta’s Legislation on Privacy and Protection of Personal Information needs Review: Commissioner
December 2020 - 3 min read
New Year, New Privacy Amendments?
This year has been marked by accelerated efforts to amend existing federal and provincial privacy legislation. As anticipated, the Alberta Information and Privacy Commissioner (Commissioner) has proposed a number of amendments to the Freedom o...
December 2020 - 3 min read
Giving Back this Holiday Season
December 2020 - 25 min read
Case Summary: Tokio Marine & Nichido Insurance Company v Security National Insurance Company
The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation. Tokio Marine & Nichido Insurance Company ...
December 2020 - 7 min read
Case Summary: Der v Zhao
The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao,...
December 2020 - 6 min read
Case Summary: ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry)
The Alberta Court of Queen’s Bench considered the rules for admissibility of affidavit evidence at length. ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, per Topolniski, J. Facts + Issues This case concern...
December 2020 - 10 min read
Case Summary: Hannam v Medicine Hat School District No. 76
The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to ...
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
Alberta introduces significant regulatory amendments to Health Professions Act
November 23, 2020
Understanding + Implementing Bill 46: A Guide for Colleges
Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Bill 46 also represents the fourth major reform to the regulation of...
November 20, 2020
Safer Communities and Neighbourhoods Act Webinar
Join Field Law, in conjunction with the Alberta Sheriff’s Department, for a webinar on how landlords can deal with undesirable behaviours of tenants located in their communities.Safer Communities and Neighbourhoods (SCAN) is a confidential, co...
November 2020
The Importance of Notice
November 2020
Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?
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...
November 2, 2020 - 3 min read
How much Northbridge could pay out in COVID claims
October 30, 2020
How to Purchase a Foreclosure
October 30, 2020
Creative Real Estate Deals & AFS Strategies
October 2020 - 5 min read
Case Summary: LDS v SCA
Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586 ...
October 2020 - 7 min read
Case Summary: Sack v Lange
While sports competitors owe a duty of care to other players, the fact of an accident or injury occurring during gameplay does not necessarily establish that the Defendant competitor was negligent. There must be a failure to take appropriate care, a...
October 2020 - 6 min read
Case Summary: National Ink & Stitch, LLC v. State Auto Property & Casualty Insurance Company
The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the w...
October 2020 - 5 min read
Case Summary: Ewashko v Hugo
The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228 Facts + Issues Plaintiff Ewashko, represented by his mother, suffered a significant birth ...
October 2020 - 21 min read
Case Summary: Stacey Estate v Lukenchuk
For damages under the Fatal Accident Act, the plaintiff need not prove that the defendant’s tort was the sole cause of the death, but only that it contributed to the death. The “but for” test for causation is applicable for this an...
October 2020 - 3 min read
Prompt Payment in Alberta: One Big Step Closer
On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing...
October 2020 - 4 min read
UPDATE – Ministerial Order 009/2020 Expired: Condos Once More Required to Convene AGMs
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...
October 7, 2020
Cocktails + Counsel: Workplace Accommodation in the COVID Era
Join Field Law for the second installment of a complimentary new webinar series that brings you together (virtually) with a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal p...
September 30, 2020
Employee Discipline and the Duty to Accommodate - How to Strike an Effective Balance
September 2020 - 3 min read
Update: Medical Cannabis + the Duty to Accommodate
The Newfoundland Court of Appeal recently handed down a decision that appears to inject uncertainty into employers’ attempts to accommodate workers in safety-sensitive positions who consume medical cannabis. While the case was decided in Newfo...
September 2020 - 4 min read
Terminating Employees after the Sale of a Business
When a business is sold, it is common that its employees will continue working for the purchaser after the sale. If the purchaser later decides to terminate their employment, complex issues around determining their entitlement to reasonable notice m...
September 16, 2020
Privacy for Condo Corporations: Understanding + Complying with PIPA
Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA ...
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