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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 - 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 - 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...
August 2020
The Best Lawyers™ in Canada 2021
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews ...
August 2020 - 1 min read
UPDATE: CERB Extension and Changes to Employment Insurance
The Federal government has announced a four- week extension to the Canada Emergency Response Benefit (CERB).As explained by the Government of Canada, the CERB is being extended from 24 weeks to 28 weeks for workers who: stopped working due to CO...
August 2020 - 4 min read
Workplace Investigations: Fairness is Key
Employers have an obligation to investigate allegations of employee misconduct. While employers are often aware of their obligations to take allegations of employee misconduct seriously, it is equally important that workplace investigations are fair...
August 2020 - 3 min read
Case Study: Fuller v. Aphria Inc.
The Ontario Court of Appeal reiterated its disapproval of distributive cost orders  but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to ...
August 2020 - 5 min read
Case Study: Burns v. RBC Life Insurance Company
The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith. Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The...
August 2020 - 10 min read
Case Study: Apps v. Grouse Mountain Resorts Ltd.
Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract ex...
August 2020 - 6 min read
Case Study: Pembridge Insurance Company of Canada v. Chu
The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not suffici...
August 2020 - 9 min read
Case Study: Laridae v. Co-operators
An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC ...
August 2020 - 6 min read
Case Study: Little v Floyd Sinton Limited
A plaintiff’s incapacity does not, as a matter of law, relieve him/her of the obligation to mitigate their damages; the issue of mitigation must still be put to the trier of fact.Little v Floyd Sinton Limited, 2019 ONCA 865 per Roberts, J.A. ...
August 2020 - 19 min read
Case Study: Provost v. Dueck Downtown Chevrolet Buick GMC Limited
The British Columbia Court of Appeal held that while a car dealership which failed to secure a vehicle on its lot may be liable for an accident which occurs as the thief drives out of the dealership, it was not liable where the thief drives away fro...
August 2020 - 3 min read
Stress-Testing Your Asset and Corporate Structure
A tumultuous new reality has spread across the international economy. While some will weather troubled times well, or even profit from them, others will experience a more negative impact. Competent financial planners will consider different scenario...
July 22, 2020
Field Law Community Fund Offering $60,000 in Community Grants
FOR IMMEDIATE RELEASE JULY 22, 2020 - Field Law, a western and northern regional law firm, has opened applications for its Field Law Community Fund Program (the Program), which will distribute $60,000 in grant funding between Northern Alberta, South...
July 30, 2020
Regulatory Reform Comes to Alberta
Join Field Law’s professional regulatory lawyers and your colleagues from other health regulators for a free webinar on July 30 from 4:00 PM - 5:30 PM. Alberta Health’s discussion paper “Proposals to Amend the Health Professi...
July 2020 - 4 min read
COVID-19 and the Impact on the Cannabis Industry
Cannabis retail outlets, producers, manufacturers, distributors and warehouses were deemed to be essential services by the Alberta Government on March 30, 2020. As a result, cannabis businesses and services can and have continued to serve Albertans ...
July 23, 2020
Coffee + Counsel: Mitigating Risk as Employees Return to Work
Field Law presents a new series that brings together you and a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal perspectives. As businesses open up again, and employees re...
July 8, 2020
WFH: Policies + Considerations Beyond the Pandemic
The COVID-19 pandemic forced many employers and their employees to abruptly adopt work-from-home arrangements. Although the relaunch of the Alberta economy is underway, employers and employees have become accustomed to remote work and “Zoom&rd...
July 7, 2020
Privacy for Health Care Organizations: What Has Changed and What Hasn’t?
Health care organizations have had to adapt quickly during the COVID-19 pandemic. In addition to managing an unknown disease and focusing on patient care, day to day operational life has changed- videoconferencing, fit for work screening, and l...
June 2020
2020 Field Law Community Fund Program - Now Open
Over the last seven years the Field Law Community Fund Program has awarded funds to support 96 organizations and charitable initiatives throughout Alberta and the Northwest Territories. With $550,000 donated in support of these local charities to da...
June 2020 - 2 min read
Bill 24: A Further Extension of the Temporary Layoff Period to 180 Days
As we reported in April, the Government of Alberta previously announced an extension of the temporary layoff period in Alberta’s Employment Standards Code (the “Code”) from 60 days to 120 days.Recently, the Government of Alberta in...
June 2020 - 6 min read
Major Win for York on Copyright: York University v. Access Copyright Case Review
Update: In June 2020, as expected, both The Canadian Copyright Licensing Agency ("Access Copyright") and York University have filed applications for leave to appeal the FCA decision to the Supreme Court of Canada. Original Post: April 2...
June 2020 - 4 min read
Bill 21: An Act to Protect Patients from Past Conduct of Health Care Professionals
On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA...
June 2020 - 3 min read
Disruptive Behaviour is a No-No!
The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct. The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians ...
June 25, 2020
How Amendments to the MHSTA Impact Landlords of Manufactured Home Communities
Enforcing rental arrears and other tenant breaches under a Lease are an important aspect of a Landlord’s business and recently proclaimed amendments to the Mobile Home Sites Tenancies Act are going to have a direct impact on how Landlord&rsquo...
June 2020 - 6 min read
Commercial Tenancies Protection Act (Alberta)   
The Alberta government is moving forward with Bill 23, the Commercial Tenancies Protection Act (“CTPA”). The Bill was tabled in the Legislative Assembly on June 16, 2020 and passed First Reading the same day. This is a government Bi...
June 2020 - 2 min read
CERB Extension – What Does This Mean for Employers?
The Federal Government recently announced an extension to the Canada Emergency Relief Benefit (CERB). The program, set to expire at the end of June, will now be available to support Canadians unable to work due to the COVID-19 pandemic till the end ...
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