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October 2019
Election Day Voting Rights
Alert
As most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote (unless an employee has already exercised the right to vote by casting an advance ba...
October 2019
Field Law to be Named 2019 Recipient of the Law Firm Award at Upcoming Women in Law Leadership Awards
Field Law is proud to announce that it will be honoured at the upcoming 2019 Women in Law Leadership Awards with the Law Firm Award, presented by The Counsel Network and The Association of Women Lawyers.  The Law Firm Award is presented to a firm ...
November 28, 2019
2019 Field Law Post-Secondary Summit
Conferences
Join us for our fourth annual Summit to focus and collaborate on legal issues facing Alberta’s post-secondary institutions.Topics to be covered include: Innovative Governance During Challenging Times Update on Recent Labour Relations Board ...
November 19, 2019
Cannabis: One Year Later
Seminars
Edmonton Chamber of Commerce
One year after Canada legalized cannabis for recreational use, this panel will discuss the implications in the workplace, society, and to our country overall. The panel will explore all angles of post-legalization and feature experts from workplace saf...
November 7, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...
October 22, 2019
Insurance Industry Update: What You Need to Know
Seminars
The insurance issues surrounding liability for personal injury are always changing. Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so...
October 17, 2019
Business Succession Planning Webinar
Business succession is a principal and critical component of personal succession for owners of closely held businesses. This is a long-term, complex process that must be managed with a structured approach. Presented by Rob Worthington and J.R. Mac...
October 16, 2019
Update on Edibles: Legal Tomorrow!
Keeping Up With Cannabis
Almost 5 million Canadians reported using Cannabis in the second quarter of 2019. For those Canadians, partaking in Canada’s legal cannabis market is about to become much sweeter… Update The Federal Government’s Cannabis Ac...
October 10, 2019
Registration Issues in Professional Regulation Webinar
Professional regulatory organizations are responsible for assessing applications for professional licensing and applying registration requirements in a fair and transparent way. This task is made increasingly difficult by the evolving regulatory and le...
September 2019
Immunizations and Immunity Provisions: The Scope of Protection Under the Public Health Act
Field Law Blog
September 2019
The Best Lawyers in Canada 2020
34 Fielders Recognized
Field Law is pleased to announce that 34 of our lawyers are recognized in their respective practice areas in the 14th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of leading lawyers and ...
September 26, 2019
Must Have Policies for Employers: Why, What + How
Seminars
Join Field Law in Edmonton and Calgary and learn tips and tricks to assist with the implementation and enforcement of three workplace policies Employers should have in place in today’s market.We will explore how changes in legislation and culture...
September 25, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...
September 2019
Can’t Have Your Cake and Eat it Too: No Wrongful Dismissal Damages if Disability Benefits Paid
Workwise Newsletter
In Belanger v Western Ventilation Products Ltd, 2019 ABQB 571, a Master of the Alberta Court of Queen’s Bench found that an employee who became disabled after his notice of termination was not entitled to wrongful dismissal damages because the em...
September 2019
Field Law Lawyers and Department recognized in Chambers Canada 2020 Guide
Field Law is pleased to be listed in the Chambers Canada 2020 guide with three firm rankings and three lawyers ranked. Our firm rankings are: Highly Regarded, Corporate/Commercial Department in Alberta, Band 3 Recognized Practitioner, Employ...
September 2019
Single Use Plastic Bans: What You Need to Know
Field Law Blog
September 16, 2019
Fair Registration Practices Act:  Implications for Professional Regulatory Organizations
As we previously reported, on June 19, 2019, the United Conservative Party introduced Bill 11 - Fair Registration Practices Act in the Alberta Legislature. Bill 11 received Royal Assent on June 28, 2019, and will come into force on proclamation.Jo...
September 2019
Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim
Field Law Blog
September 2019
Lessons Learned from the Legalization of Cannabis
Conferences
RIMS 2019
September 2019
How Dependent Must a Dependent Contractor Be?
Workwise
The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law. But where to draw the line between independent contractors and dependent contractors in any given circumstance ...
July 31, 2019
Field Law Announces Northern Alberta Winners of its 7th Annual Community Fund Program
Field Law awards a total of $30,000 to six Northern Alberta organizations
EDMONTON (July 31, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Northern Alberta winners of its Community Fund Program (the Program). Field Law awarded one grand prize and five additional awards...
August 2019
Craft Cannabis: Micro-Cultivation + Micro-Processing Licences
Field Law Blog
August 2019
Alberta Court of Appeal Confirms the Limitation Period for Statutory Damages Claims under PIPA
Alert
The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act applicable to a statutory claim for damages under the Personal Information Protection Act (PIPA) does not begin to run until a Commissioner&...
August 2019
City Moves to License AirBnBs and Other Short-Term Rentals
Field Law Blog
August 2019
Case Summary: Merino v. ING Insurance
Defence + Indemnity
The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership. An insurer wishing to get out of an auto policy for misrepresentation must terminate the policy on notice, which d...
August 2019
Case Summary: SWAT Consulting Ltd v Canadian Western Bank
Defence + Indemnity
An insurer is not required to pay a third party contractor after having previously paid their insured. The third party contractor’s claim against an insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismi...
August 2019
Case Summary: Goddard v Bayside Property Services Ltd
Defence + Indemnity
The British Columbia Court of Appeal held that a plaintiff can establish liability in an occupiers’ liability case by circumstantial evidence when he/she cannot remember how he/she slipped and fell. Goddard v Bayside Property Services Ltd, ...
August 2019
Case Summary: Greenidge v Allstate Insurance Company
Defence + Indemnity
Where a Section B insurer insists that the insured submit to a medical examination under the policy, the insured is obligated to attend the examination and submit to the protocols of that examiner or face discontinuance of benefits. The insured is not ...
August 2019
Case Summary: Jane Doe 72511 v Morgan
Defence + Indemnity
After the Plaintiff was assaulted by her domestic partner while living with him in his parents’ home and he published a pornographic video of her on the internet, he was found liable for the tort of publication of private facts and, together with...
August 2019
Case Summary: Stewart et al. v Wood et al
Defence + Indemnity
The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund, J. FACTS + ISSUES The parties settled a personal injury a...
August 2019
Case Summary: Sound Stage Entertainment Inc. v Burns
Defence + Indemnity
The Contributory Negligence Act of Saskatchewan only provides for apportioning damages among co-tort-feasors in instances of negligence, and does not enable negligent defendants to seek contribution and indemnity from defendants liable for intentional ...
July 2019
Fairness is in the Eye of the Beholder in the Tender Process
Field Law Blog
July 2019
You're Fired: Here's Your Bonus
Workwise Newsletter
If an employee is fired for just cause are they entitled to their performance bonus for the months worked in that year? Most employers probably expect that the answer is no. However, in Master Schulz’s recent decision in Grainger v. Pentagon Farm...
July 2019
Cutting the Red Tape? New Condo Regulations are on Hold for Further Review
Field Law Blog
July 2019
Legal Cannabis and Alberta Condominiums
Considerations for Creating Enforceable Bylaw Amendments
The federal government recently passed Bill C-45, an act that legalized personal consumption and cultivation of cannabis in small amounts. This new law, referred to as the Cannabis Act, came into effect on October 17, 2018. In combination with newly in...
July 12, 2019
Field Law Announces Northwest Territories Winners of its 7th Annual Community Fund Program
$15,000 to be distributed between three organizations
YELLOWKNIFE (July 12, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Northwest Territories grand prize winner and two additional recipients of its Community Fund Program (the Program).The Kole Cro...
July 11, 2019
Understanding Your Intellectual Property Toolbox
Seminars
Do you work in an industry with technology or inventions that you are trying to protect? Or are you looking to commercialize your existing technology and capitalize on it? Join Field Law's Neil Kathol, a lawyer and trademark agent, for a Lunch...
July 2019
Reality Check: Can You Contract Out of Being an Employer?
Workwise Newsletter
With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally tips in favour of the employer. Employers are responsible for providing training and supervision to employees, c...
July 4, 2019
Field Law Announces Southern Alberta Winners of its 7th Annual Community Fund Program
$30,000 to be distributed between five organizations
CALGARY (July 4, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Southern Alberta grand prize winner and four additional recipients of its Community Fund Program (the Program).The Calgary Women'...
July 2019
Tax Incentive Amendments to the Municipal Government Act
Field Law Blog
July 1, 2019
Field Law Announces New Managing Partner
Jeremiah Kowalchuk elected as Managing Partner effective July 1, 2019
EDMONTON/CALGARY (July 1, 2019) – Field Law is pleased to introduce Jeremiah Kowalchuk as Field Law’s Managing Partner for a three-year term commencing July 1, 2019.Jeremiah is experienced litigation counsel, having represented medium-to-la...
June 2019
Alberta Human Rights Tribunal Renders Landmark Costs Award Against Complainant
Canadian Employment Law Today
June 2019
Bill 11 – Fair Registration Practices Act
Alert
As noted in our previous alert, the United Conservative Party’s election platform included a promise to pass a Fair Access to Regulated Professions and Compulsory Trades Act, modelled on similar legislation adopted by the Province of Ontario in 2...
May + June 2019
Drone Workshop: Updates on Canada's Drone Regulations
Seminars
Canada's Latest Drone Regulations - Are You Ready to Fly?The Field Law Emerging Technology Group invites you to take to the sky with your drone, but before you do, we encourage you to familiarize yourself with the regulation, risks and responsibili...
May 14, 2019
Vote Now! The Field Law Community Fund Program Voting Phase is Now Open
FOR IMMEDIATE RELEASE (May 14, 2019) - Field Law needs public input to help determine who of the 86 applicants will be awarded funds from the 2019 edition of the Field Law Community Fund Program (the Program). With $75,000 to be distributed amongs...
June 2019
Public Communications That Do Not Cross the Line: Dealing with Claims of Defamation
Perspectives for the Professions
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician’s defamation claim against his regulator, his employer, and the government, should be dismissed as a result of the defences of truth and qualified pr...
June 2019
Who’s Responsible Here? The Regulation of Telepractice
Perspectives for the Professions
The internet facilitates world wide access to professional services. This in turn raises significant jurisdictional issues for regulators. If an individual or a company resides in jurisdiction “A” and provides professional services over the...
June 2019
Rectification: Where Are We Now?
Field Law Blog
June 2019
Changing the Health and Safety Culture
Business in Calgary
May 2019
Human Rights Tribunal Renders Landmark Costs Award Against Complainant
Workwise Newsletter
In Facey v Bantrel Management Services Co., 2019 AHRC 4 the Alberta Human rights Tribunal made a watershed costs award against a complainant. Tribunal Chair Langlois-Klassen acknowledged in her decision that costs should only be awarded against a compl...
June 2019
Recent Developments in Family Status Accommodation: A Three-Headed Monster of Approaches?
Workwise
Recent cases dealing with the protected human rights ground of “family status” provide employers with some additional guidance (and confusion) regarding the scope of their obligations, as courts, arbitrators and tribunals continue to try to...
May 2019
New Canadian Drone Regulations
Effective June 1, 2019, Transport Canada has new rules for flying drones in Canada. These new regulations hope to enhance predictability for businesses and  improve the safety from drone operations relating to aviation and the Canadian public. ...
May 2019
Heads Up: Labour + Employment Laws Are Changing Again
Alert
On Monday May 27, the UCP-led Government of Alberta introduced Bill 2: An Act to Make Alberta Open for Business. Bill 2 passed its first reading and is aimed at reversing some of the legislative changes made by the NDP during its time in government. If...
May 2019
What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened
Field Law Blog
May 27, 2019
Kevin Feth, QC Appointed Justice of the Court of Queen's Bench of Alberta
FOR IMMEDIATE RELEASE (May 27, 2019) – Field Law is proud to announce that Kevin Feth, QC a former partner in the firm’s Edmonton office, has been appointed a Justice of the Court of Queen’s Bench of Alberta. Kevin’s appointment...
May 2019
Use of Restrictive Covenants in Residential Developments
Newsletter
Restrictive covenants operate outside of – and in addition to – municipal zoning bylaws. The obligations associated with restrictive covenants “run with the land” and are binding on any future buyer of the property.Historically,...
May 2019
Is Time Really of the Essence?
Newsletter
The Use of "Time is of the Essence" Clauses in Commercial Real Estate Repurchase Options The ONCA provided some guidance and analysis on both “time is of the essence” clauses as well as the availability of specific performance ...
May 2019
Rectification: Where Are We Now?
First published by the Canadian Tax Foundation in Canadian Tax Focus (Volume 9, Number 2)
May 2019
Craft Beer Trademarks: The Ol’ Cease & Desist
Local Alberta breweries Elite Brewing (visited, love the carbon fibre bar) and Bow River Brewing have been on the receiving end of a cease and desist letter from the City of Calgary over a beer label for Fort Cal...
May 2019
Estate Planning for Privacy
Field Law Blog
May 23, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Canadian private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of inv...
May 2019
New Challenges to Free Speech on Campus
Alert
Last week the new provincial government announced its intention to require Alberta post-secondary institutions to enact policies about free speech on campus. While no specific proposals were released, and the Minister of Advanced Education said he inte...
May 2019
Professional Regulation: The Political Winds are Blowing
Alert
Professional regulators should be aware that “the political winds are blowing.” Some say that a real storm is brewing while others claim that this is simply a short-lived squall of the type that regularly buffet the good ship “Self-Re...
May 2019
Act On Your Legal Obligations to Avoid Post-Death Disputes
Field Law Blog
May 29, 2019
Understanding Financial Statements with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: The types of financial statements that a lawyer and or adjustor will be provided in suppo...
May 2019
Update on Cannabis
Conferences
AAIA Convention
April 24, 2019
Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math
Client Events
The Women's Intellectual Property Networking Group of the Intellectual Property Institute of Canada presents:Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math    Date: Wednesday, Apr...
April 10, 2019
Is Someone at the Door? Practice Visits, Inspections + Reviews
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable will assist regulators and their staff who use practice visits, inspections or reviews to monitor competency...
April 2019
Edibles Update: High Taxes in 2019 Federal Budget
Field Law Blog
April 2019
Amendments Made to the NWT Partnership and Business Name Act
Significant amendments have been made to the Partnership and Business Names Act (the Act), RSNWT 1988, c P-1.The amendments to the Act effect partnerships, limited partnerships, and extra-territorial partnerships. Previously, there were no renewal requ...
April 2019
2019 Federal Budget Insights for Private Corporations
As was expected, the 2019 Federal Budget (the "Budget") is one for an election year. Meaning, while the Government provided a few handouts and various credits, there is little to offend anyone – at least from a tax perspective. A few le...
April 3, 2019
Staying Current with Auto Liability Claims in Alberta
Seminars
Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing:  Reserving Rights and Alberta Auto Coverage Defences  An overview of the major types of coverage defences of the auto insurer under Alberta's stand...
April 1, 2019
Field Law Launches 2019 Community Fund Program
$75,000 Pledged to Support Community Initiatives in Alberta and Northwest Territories
FOR IMMEDIATE RELEASE (April 1, 2019) – Field Law, a western and northern regional law firm, today launches its seventh annual Field Law Community Fund Program (the Program). The Program supports non-charitable and charitable initiatives in North...
March 2019
Ontario Court of Appeal: No Independent Tort of Harassment … Yet
Workwise Newsletter
Merrifield v The Attorney General, 2019 ONCA 205, represents the first case in which a Canadian appellate court has considered whether a common law tort of harassment exists. In its decision released last week, the Ontario Court of Appeal declined to r...
March 2019
Mining Incentive Program Aims to Stimulate Mining Industry in NWT
Field Law Blog
March 2019
Restrictions on Communications During the Election for Post-Secondary Institutions
Post-Secondary Alert
Alberta post-secondary institutions are subject to new election laws restricting public communications during the 2019 election period.Bill 32, An Act to Strengthen and Protect Democracy, passed on December 12, 2017, introduces restrictions on advertis...
March 19, 2019
Tips + Traps for Hearing Tribunal Members
Webinar
Fair and effective professional discipline hearings are essential to the professional discipline process. They are the core of the “peer review” process and a crucial element of professional discipline. Members of the profession and the pub...
March 18, 2019
Tech Support: Law Firms Lining up to Take Advantage of Tech Boom
Canadian Lawyer Mag
Erika Carrasco discusses how the law surrounding drones offers a typical example of the challenges of working in a fast-developing area.
March 2019
Maintaining Permanent Residency When Faced With a Departure Order
Immigration Alert
In order to maintain a permanent residency in Canada, residents must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed by Immigration, Refugees and Citizenship Canada (“IRCC&rdqu...
March 2019
Good Character:  An Important Regulatory Tool Even in an Age of Labour Mobility
Perspectives for the Professions
Regulators have traditionally used a test of “good character and reputation” to assess applicants. However, the question remained – to what extent can regulators apply the test of “good character and reputation” for applic...
March 2019
New Alberta Case Law
Seminars
Alberta Insurance Institute
February 2019
Case Summary: R v Ahmed
Defence + Indemnity
Charges for distracted driving were widened in scope by including cell and smart phones in the definition of “hand held electronic” and “wireless electronic” devices in the Traffic Safety Act.R v Ahmed, 2019 ABQB 13, per Henders...
February 2019
Case Summary: Entwhistle v Wells
Defence + Indemnity
Where a plaintiff’s vehicle is damaged to the point of becoming a constructive total loss due to a defendant’s negligence, the plaintiff was awarded damages for the time, effort and expense of finding a replacement vehicle. Entwhistle v We...
February 2019
Case Summary: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
Defence + Indemnity
The Alberta Court of Appeal clarifies the test for summary judgment and dismissal.Weir-Jones Technical Services Incorporated v. Purolator Courier, Purolator Inc. and Purolator Freight, 2019 ABCA 49 per Slatter JA (Fraser CJA, Watson and Strekaf JJ...
February 2019
Case Summary: Enterprise Rent-A-Car v Intact Insurance
Defence + Indemnity
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r...
February 2019
Case Summary: Modisette v. Apple Inc.
Defence + Indemnity
In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...
February 2019
Roll It Up! Rules + Regulations for Building Your Cannabis Store
Keeping Up With Cannabis
Opening a cannabis store in Alberta requires a large number of steps, including obtaining approval from the Alberta Liquor Gaming and Cannabis Commission (AGLC). The Gaming, Liquor and Cannabis Act, RSA 2000, c G-1 (Act) has provided the AGLC with the ...
February 2019
Did You Sell Your Home in 2018? What You Need to Tell the CRA
Field Law Blog
February 2019
Squaring the Circle or Levelling the Playing Field? Alberta’s New OHS Regime
Seminars
CPHR Alberta
On June 1, 2018 the Alberta Legislature changed occupational health and safety law history. The legislative changes to the Act, Regulations and Code changed the legal landscape in material ways, some of which are in tension with other legisla...
February 2019
Is it Time to Re-examine Your Corporate Structure?
Practical Considerations for the Investment Income Rules for Private Companies Canadian private companies have seen much newsworthy tax reform in recent years. One change is in the area of income sprinkling. Another major change in tax law is t...
February 20, 2019
Maximizing Your Business and Your People
Seminars
Recruiting and retaining the best quality employees can become a challenge. Creating a sense of ownership and a customized rewards program could make all the difference.Join the discussion with MNP’s Lynne Fisher and Field Law’s Britt Tetz ...
February 2019
A New Approach to the Reasonable Expectation of Privacy: R v Jarvis, 2019 SCC 10
Labour + Employment
Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin...
February 2019
The #metoo Movement and Interim Measures
Workwise Newsletter
Ryerson University v Ryerson Faculty Association, 2018 CanLII 111683In Ryerson University and Ryerson Faculty Association, a recent case out of Ontario, an arbitrator was asked to consider the appropriateness of interim measures imposed on an employee ...
February 14, 2019
The Type of Claims that may Arise from Legalization of Cannabis Edibles
Canadian Underwriter
Erika Carrasco speaks to Canadian Underwriter about cannabis coverage issues.
February 12, 2019
Exploring the Legal Aspects of Smart Contracts and Their Role in Blockchain
Presentations
Blockchain in Oil + Gas Canada 2019
February 2019
Uncertainty Around Burden of Proof for Summary Judgment Resolved
Insurance Alert
The law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balance of probabilities is required, while others have held th...
February 6, 2019
2018 Year in Review for Northern Employers
Seminars
Join Field Law for a review of the most important legal cases from 2018. Topics covered will include: Labour Employment Human Rights Occupational Health + Safety Privacy Immigration Cannabis This seminar will be broadcast live via ...
Winter 2019
2018 A Year in Review Seminar Series
Seminars
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Part 1: Human Rights ...
January 2019
#metoo - What's an Employer To Do and Not To Do?
Seminars
CPHR Alberta
Leanne Monsma discussed what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.
January 2019
Tick-Tock Goes the Lien Clock
Field Law Blog
January 2019
The Long And Winding Road To Accommodation - How Long Is Too Long?
Workwise Newsletter
Ontario English Catholic Teachers’ Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitab...
January 23, 2019
Impact of Cannabis on the Insurance Industry
Seminars
With the legalization of recreational cannabis and regulations for edibles soon to come, Field Law's Cannabis Group has the knowledge and experience to help clients, including those in the insurance industry, understand how cannabis laws impact the...
January 2019
Year in Review: Important Professional Regulatory Cases of 2018
Webinar
Learn about the most important professional regulatory Court cases of the past year. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, QC and Kim Precht...
January 2019
Does Fairmont Hotels Eliminate All Equitable Remedies in the Tax Context?
First published by the Canadian Tax Foundation in (2019) 66:4 Canadian Tax Journal.
January 10, 2019
Will new rules for drone flights in Canada make our skies safer?
Judy Aldous, CBC News
Transport Canada published new rules for flying drones in Canada that come into effect on June 1, 2019. Erika Carrasco discusses these new rules and answers questions on Alberta at Noon with Judy Aldous.
January 10, 2019
New Canadian Drone Regulations
Ted Henley, CityNews
(3:54) Erika Carrasco discusses the new rules for flying drones in Canada that come into effect on June 1, 2019.
January 9, 2019
New Canadian Drone Regulations
On January 9, 2019, Transport Canada published new rules for flying drones in Canada to enhance predictability for businesses, improve the security of aviation and ensure our airspace is safe for everyone. The new regulations distinguish between b...
December 2018
Health Canada Unveils Proposed Edibles Legislation
Keeping Up With Cannabis
Health Canada launched a public consultation on its proposed regulations governing cannabis edibles today and stated that the legal sale of cannabis edibles will be permitted no later than October 17, 2019.  While certain cannabis use was legalize...
December 2018
Case Summary: Wm Morrison Supermarkets PLC v Various Claimants
Defence + Indemnity
Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties whose data is ...
December 2018
Case Summary: Layes v Stevens
Defence + Indemnity
A $200,000 loss of future income earning capacity award to a 25 year old student able to continue working full time was upheld where she had no settled employment pattern relying on comparator cases, without a mathematical calculation.
December 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is not entitled to benefits if he/she did not know nor ought to have known that the vehicle was sto...
December 2018
Case Summary: Dion v Security National Insurance Company
Defence + Indemnity
A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.
December 2018
Case Summary: Aviva v Wawanesa
Defence + Indemnity
An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage.
December 2018
Case Summary: Williams v Richard
Defence + Indemnity
Social hosts were denied summary dismissal after a drunken guest got into an accident, injuring the plaintiff, after the guest had first made it home safely.
December 21, 2018
$10,000 Donated by Field Law to Calgary Food Bank at CBC’s “Blitz Day”
CALGARY - Field Law donated $10,000 to the Calgary Food Bank yesterday to help make the seasonal fund-raising event known as “Blitz Day” another huge success. Firm Managing Partner, Doreen Saunderson attended the fun-filled event at CB...
December 2018
2018 Field Law Post-Secondary Summit Recap
The third annual Field Law Post-Secondary Summit was held on November 29 in Edmonton, and was co-chaired by Greg Harding, QC and Derek Cranna. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the l...
December 2018
Pour a Glass of Trademarks
In time for the holidays, this is a tale of competing brands sloshing around the marketplace. Please enjoy responsibly. Diageo North America, Inc. is purveyor of some of the world’s best-known brands of spirits and beer, some of which are probab...
November 9, 2018
A. Danielle Bourgeois Receives Rising Stars Recognition
CALGARY – Field Law is pleased to announce that a member of our Edmonton team, A. Danielle Bourgeois was recognized at the Lexpert® Rising Stars Awards on November 8, 2018 in Toronto. “I’m truly humbled as there are countless...
December 2018
'Tis the Season: Holiday Parties + Employer Obligations
Workwise Newsletter
The holiday season has arrived, and with it many employers will celebrate the year with their staff. To ensure that everyone has a safe and joyous time, employers should keep in mind their obligations to employees and guests who attend office parties o...
December 2018
Upcoming Criminal Code Changes + Its Effects on Entering Canada
Immigration Alert
On December 18, 2018, Canada will begin imposing tough new penalties on those who drive while under the influence of alcohol or drugs, including cannabis, or commit cannabis-related crimes.  The maximum penalty for impaired driving offences w...
November 2018
Bar Room Brawl – Alberta Kicks ‘Em Where It Counts
As we noted in our two previous articles “Of Beer and Borders” and “The 2 Million Dollar Case of Beer”, the Alberta government had taken a bruising over its beer markup and Alberta-only Small Brewers Development Program rebate.&...
November 2018
Dealing with Unrepresented Members
Webinar
Whether it be due to cost or personal choice, regulated professionals facing disciplinary proceedings often elect to represent themselves. This can present unique challenges for regulators and administrative tribunals in ensuring a fair process. &nb...
November 2018
Bill 21 Update: An Act to Protect Patients Now Partially in Force
Professional Regulatory Alert
In our November 5, 2018 Professional Regulatory Alert we provided a brief summary of Bill 21, “An Act to Protect Patients” and addressed some of the implementation steps required of Colleges. By way of update, on November 19, 2018 the Bill ...
November 2019
Precise Language Needed to Override Reasonable Notice
Workwise Newsletter
It is fairly common for a written employment agreement to seek to limit an employee’s termination notice to the minimum amount prescribed under employment standards legislation. However past case law suggests that doing so may be more difficult t...
November 2018
No Appeal of the Cardinal Decision: SEF 44 Coverage and Automobile Used Without Consent
Insurance Alert
On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).In Cardinal, the insurer, AMA, iss...
November 2018
Medicinal Cannabis Use in the Workplace: Employer vs. Employee Rights
Ryan Jespersen Show
November 2018
Buildex Calgary Seminar Talks Cannabis in the Workplace
Journal of Commerce
November 2018
Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near Miss
Canadian Employment Law Today
November 2018
Case Summary: Copytrack Pte Ltd. v Wall
Defence + Indemnity
A British Columbia court has come out with one of the first Canadian decisions directly addressing the enforcement of rights to ownership of cryptocurrency.Copytrack Pte Ltd. v Wall, 2018 BCSC 1709, per Skolrood, J.FACTS AND ISSUES:Copytrack Pte Ltd. (...
November 2018
Case Summary: Condominium Corporation No 9312374 v Aviva Insurance Company of Canada
Defence + Indemnity
The Supreme Court’s decision in the Ledcor case (which held that “resultant damage” arising from faulty workmanship is not excluded by the faulty workmanship exclusion in a builders’ risk policy) was held not to allow for covera...
November 2018
Case Summary: Heuring v Smith
Defence + Indemnity
The Court assessed liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a “blind spot” created by a pillar in his vehicle and declined to aw...
November 2018
Case Summary: Green v Khattab
Defence + Indemnity
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld, notwithstanding that a consent order or consent judgment had not been signed between the parties.Green v Khattab, 2018 ABQB ...
November 2018
Case Summary: Zando v Ali
Defence + Indemnity
A damage assessment of $175,000 plus $25,000 for punitives for a single instance of sexual assault upon a colleague, involving intercourse, was upheld on appeal. The Court outlined the factors to be taken into account in quantifying sexual assault dama...
November 2018
Case Summary: Aviva Insurance Company v Intact Insurance Company
Defence + Indemnity
Where an insurer contributes more than its share to a defence and settlement of a claim vis-à-vis other insurers who are involved, it may seek contribution from the other insurers even where the policies are complementary and not overlapping.Avi...
November 2018
Bill 21 – An Act to Protect Patients
Professional Regulatory Alert
In June of 2018, Alberta Health issued a Discussion Document indicating that the Government was considering amendments to the Health Professions Act (HPA) to better protect patients from sexual abuse by health professionals. The Discussion Do...
Fall 2018
Avoid Border Battles: 5 Tips for Travel to the U.S. Now That Cannabis is Legal in Canada
Aboriginal Business Quarterly
2018
Author, Canada Chapter, "The Oil & Gas Law Review" (6th edition)
October 2018
To Serve and Protect: The Many Reasons for a Trademark Registration
The Medium
A trademark is the consistently used brand identifier of tens of thousands of consumer products and services you regularly see – the Apple “Apple”, the Microsoft “Window”, the Nike “Swoosh”, the Google Chrome, ...
October 2018
How do “Smart Contracts” Fit With “Traditional Contracts”?
The Medium
Placing Smart Contracts in ContextA “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in the legal sens...
October 2018
#Hashmarks: Can a Hashtag be a Trademark?
The Medium
Through its automatic web of connections, the humble hashtag has been repurposed: it’s now associated with the cachet of internet fame.  In social media platforms the hashtag brings users from one descriptor to thousands of associated result...
October 2018
Don'cha Know, We're Talking About a Revolution: The Alberta Court of Appeal Makes OHS Law Fair
Workwise Newsletter
October 2018
Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near-Miss
Workwise Newsletter
October 2018
Upcoming Impaired Driving and Cannabis-Related Penalties
Immigration Alert
On December 18, 2018, Canada will begin imposing tough new penalties on those who drive while under the influence of alcohol or drugs, including cannabis, or who commit cannabis-related crimes. Most impaired driving offences will be considered serious ...
October 11, 2018
Field Law Introduces New Tax Team
Field Law is pleased to welcome five new lawyers, including one as partner, and two support staff who will significantly enhance the firm’s capacity to offer tax services to clients. As of Oct. 1, 2018, a group of new tax, cross-border, business ...
October 2018
Recent Changes to the Condominium Property Act of Alberta
Field Law Blog
October 18, 2018
Women in Leadership: Rising to Challenges
Conferences
Field Law's Sharon Roberts will be co-chairing the 2018 Women in Leadership: Rising to Challenges Conference. Topics covered include: Empowering Teams Preventing Harassment in the Workplace Committing to Continuous Learning Clearing Roadb...
October 17 + 18, 2018
Cybersecurity Roundtable: Risks + What to Do
Roundtable
In our previous workshop, “Cybersecurity for Canadian Organizations”, we presented an overview of cybersecurity risks and obligations, as well as what should be done to prevent or mitigate risks and how to respond to cyber incidents. Buildi...
October 2018
"Did You Roll That Yourself?": Travelling Tips Now that Cannabis is Legal in Canada
Keeping Up With Cannabis Legislation
Today’s the day! Cannabis has become legal in Canada for adult use, possession, purchase and distribution. As an important reminder, it remains illegal to take cannabis across any international border by any means, (land, water or air).  The...
October 16, 2018
Conducting Regulatory Investigations
Presentations
Canadian Network of Agencies for Regulation Annual Conference
Join Field Law's Jim Casey, QC and Greg Sim for a pre-conference workshop at the Canadian Network of Agencies for Regulation (CNAR) Annual Conference. Jim and Greg are two of the instructors at this workshop being organized by Richard Ste...
November 22, 2018
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Seminars
Wills, Estates + Trusts Seminar
Join Field Law’s Wills, Estates + Trusts Group and your colleagues from the non-profit sector for a complimentary lunchtime seminar. This seminar is designed to assist charities and non-profit organizations and their staff with an understanding o...
October 2018
Christin Elawny to Receive “Heart of Community” Award
Field Law is proud to announce that Christin Elawny has been recognized for her pro-bono efforts with the Accessible Housing Society (Accessible Housing). Christin, a lawyer based in our Calgary office, will receive the “Heart of Community”...
November 29, 2018
2018 Field Law Post-Secondary Summit
Conferences
Join us for our annual Summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Topics to be covered include:  Governance: Representative Roles + Responsibilities Academic Labour Relations + Barg...
October 24 + 30, 2018
Effective Responses to Sexual Misconduct and Harassment Complaints Workshop
Seminars
An increasing number of organizations are being rocked by allegations of harassment and sexual misconduct by their employees. Often these allegations are broadcast on social media, catching organizations flat-footed and unprepared. Join Field Law...
October 11, 2018
Field Law Welcomes Five New Lawyers
Field Law expands tax services by seven
CALGARY, Alberta, Oct. 11, 2018 – Field Law is pleased to welcome five new lawyers, including one as partner, and two support staff who will significantly enhance the firm’s capacity to offer tax services to clients. As of Oct. 1, 2018, a g...
October 3 + 10, 2018
Cannabis in the Workplace: Implications for Employers
Seminars
Recreational cannabis will be legal in Canada on October 17, 2018. Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situat...
October 4, 2018
Top 10 Pitfalls Nurses Face in Litigation
Presentations
Edmonton Critical Care Symposium
2018
Moderator, Canadian Association of Lawyers with Russian Eurasian Interests (CALREI), Oil & Gas Conference, Calgary
Conferences
2018
Speaker, Panelist and member of the Canadian Technical Advisory team, Uganda's 1st Biennial National Conference,  "Supporting Inclusive Resource Development in East Africa"
Conferences
October 2018
Case Summary: The Importance of Ensuring Allegations Contain Sufficient Particulars
Perspectives for the Professions
MacLeod v Alberta College of Social Workers, 2018 ABCA 13, highlights that a person under investigation must be given reasonable particulars of the allegations against them.Ms. MacLeod was a Registered Social Worker and had been a member of the Alberta...
October 2018
Freedom of Speech + Professional Discipline: Striking the Balance
Perspectives for the Professions
In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professiona...
September 2018
Edible Cannabis: What You Need to Know
Countdown to Cannabis Legislation
With the Cannabis Act set to legalize most forms of recreational cannabis in just a few short weeks, many consumers and businesses alike may require further clarity on the limited scope of legalization.Unlike the fresh, dried and oil options, edible ca...
2018
Speaker, “Alberta’s Comprehensive Market Design 1.0 and Economic Curtailment in Alberta’s Changing Market”
Presentations
McCarthy Tétrault Client Seminar presented to 250 participants live and via webinar
September 25, 2018
Quantifying Personal Injury + Business Loss Claims with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: Identifying the financial documents needed to asses claims where an income loss from a bu...
September 25, 2018
Energy.AI Workshop
Energy Futures Lab and JWN
September 2018
Minimum Wage Increases in Alberta
Workwise
As of October 1st, the Alberta’s minimum wage increase will finally come into effect, bumping the minimum wages from $13.60 to $15 per hour. According to a report released by Public Interest Alberta, more than 300 000 Albertans will be getting...
September 2018
Punitive and Aggravated Damages – Exceptional but Necessary Remedies
Workwise
Ruston v Keddco Mfg. (2011) Ltd., 2018 ONSC 2919Although traditionally, punitive and aggravated damages were deemed as exceptional remedies, the Courts have turned to these remedies to assist employees where the employer’s actions may be deemed a...
September 2018
Keep Off the Grass! Cannabis in Calgary: Zoning and Public Use
Field Law Blog
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
September 19, 2018
Blockchain and Smart Contracts
Presentations
PASC Education Day 2018
September 2018
Issues in Professional Discipline Investigations: Tips + Traps
Webinar
Effective professional discipline investigations are fundamentally important to the professional discipline process. The information that is obtained is used to make decisions about complaints that are received, including whether there is sufficient ev...
2018
Moderator, IECA Panel Discussion, "Restructuring: Practical Considerations and Lessons Learned", presented by McCarthy Tetrault and FTI Consulting
Presentations
September 2018
The Best Lawyers in Canada 2019
28 Field Law Lawyers Recognized
Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l...
2018
Editor-in-Chief and Contributor, “Canadian Power: Key Developments in 2017, Trends to Watch for in 2018”
published annually by McCarthy Tetrault
August 2018
Alberta Appeal Court Rules Against Dentist in Regulatory Body’s Free Speech Complaint
The Lawyer's Daily
August 2018
'Clearly Separate': Workplace Sexual Misconduct Not Captured by Employment Release
Canadian Employment Law Today
August 2018
Case Summary: Scale Estate v The Cooperators General Insurance Company
Defence + Indemnity
When an insurer contemplates settling to its policy limits in an auto case, it must take steps to ensure that all potential claims have been accounted for.  Where an insurer, knowing of another claim for the same accident, paid its limits in three...
August 2018
CRTC Imposes Penalties On Two Companies For Distributing Malware Online
Defence + Indemnity
Recently, the Canadian federal government publicized anti-spam legislation, generally referred to as “CASL” (An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance...
August 2018
Case Summary: R.C. Heating & Gasfitting Ltd. v The Sovereign General Insurance Company
Defence + Indemnity
Where past negligence involved in the installation of the system manifested itself in an explosion years later, the “occurrence” or “accident” was held to have occurred at the time of the explosion, not at the time of the neglig...
August 2018
Case Summary: Greenidge v. Allstate Insurance Company
Defence + Indemnity
Unlike the situation with litigation independent medical examinations per Rule 5.42, a Section B insurer is entitled to insist that the insured attend an independent medical examination per Section B Special Provision 4, and the examiner is entitled to...
August 2018
Case Summary: Woitas v. Tremblay
Defence + Indemnity
In a chain reaction series of rear end accidents, following vehicles are presumed to be negligent for rear end collisions and the fact that a driver has to stop for an accident in front of him will be no defence.  Drivers of vehicles which manage ...
August 2018
Case Summary: Khudabux v. McClary
Defence + Indemnity
In the case of a crumbling skull plaintiff the Court will apportion responsibility to the different accidents involved where the injuries in question are not indivisible. Khudabux v. McClary, 2018 BCCA 234 per Stromberg-Stein, J.A. [4286]FACTS AND...
August 2018
Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd.
Defence + Indemnity
In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C...
August 2018
Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns
The Lawyer's Daily
August 2018
“Clearly Separate”: Workplace Sexual Misconduct Not Captured by Employment Release
Workwise Newsletter
In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court of Justice held an employee’s claim for sexual harassment against another employee for conduct at the workplace ...
August 2018
Flippin' to the B-Side
Craft Beer Trademarks
In 2015, an Ontario craft brewer, Beau’s All Natural Brewing Company (Beau’s) applied for a trademark for B-SIDE BREWING LABEL, for use in association with Ontario craft beers. The “B-Side Brewing Label” is an innovative promoti...
July 2018
Cannabis Complicates Crossing the Border
Workwise Newsletter
The legalization of cannabis in Canada poses a unique opportunity for entrepreneurs, investors, and businesses. It is estimated that the recreational cannabis market in Canada may generate approximately $23 billion in annual revenue, creating jobs and ...
July 25, 2018
Field Law Announces Northern Alberta Winners of 2018 Community Fund Program
6th annual public-voting program awards a total of $30,000 to six local organizations
EDMONTON (July 25, 2018) – Field Law, a western and northern regional law firm, has selected six projects as recipients of financial support from the Field Law Community Fund Program (the Program). Community ideas were selected in Southern Albert...
July 20, 2018
Field Law Announces Northwest Territories Winners of its 6th Annual Community Fund Program
Program to contribute $15,000 to three organizations in the Northwest Territories
YELLOWKNIFE (July 20, 2018) – Field Law, a western and northern regional law firm, is pleased to announce the Northwest Territories winners of the Field Law Community Fund Program (the Program). This is Field law’s sixth year of supporting ...
July 14, 2018
Stampede Style Fun and Philanthropy
Calgary Herald
Bill Brooks shares pictures of Stampede events he attended, including Field Law’s Stampede Kick-Off.
July 13, 2018
Sandra Corbett, QC Appointed to Provincial Court of Alberta
Field Law partner appointed to Edmonton Civil Division
Edmonton, July 13, 2018 - Field Law is proud to announce that Sandra Corbett, QC a partner in our Edmonton office, has been appointed to the Provincial Court of Alberta, Edmonton Civil. Sandra’s appointment to the court is a high honour that has ...
July 12, 2018
Field Law Announces Southern Alberta Winners of its 6th Annual Community Fund Program
Field Law awards a total of $30,000 to five Southern Alberta organizations
CALGARY (July 12, 2018) – Field Law, a western and northern regional business law firm, is pleased to announce the Southern Alberta winners of its Community Fund Program (the Program). Field Law awarded one grand prize and four additional aw...
July 2018
Case Summary: Temple Insurance Company v. Sazwan
Defence + Indemnity
Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multimillion dollar claim and an acrimonious relationship existed between the insureds and the in...
July 2018
Case Summary: Parent v Northbridge General Insurance Corporation
Defence + Indemnity
Loss of a reasonable opportunity to investigate and defend a claim due to the Insured’s extreme delay in reporting the incident to their Insurer constituted prejudice to the Insurer such that the Judgment granted against the Insured not enforceab...
July 2018
Case Summary: Gharbi v. Summit Acceptance Corp.
Defence + Indemnity
The Alberta Court of Queen’s Bench enumerated the factors to consider in determining whether the provision a dealership’s loaner vehicle to a customer qualifies as a leased/rented vehicle or a mere courtesy loan for the purposes of determin...
July 2018
Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J.
Defence + Indemnity
A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it reasonably foreseeable that the stolen vehicle wo...
July 2018
Case Summary: Du v. Jameson Bank
Defence + Indemnity
A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank, which followed instructions sent to it by email (as it was allowed and requi...
July 2018
Case Summary: Waissmann v Calgary (City)
Defence + Indemnity
Whether or not an occurrence report filled out by an employee after an accident, required by the employer’s rules, is privileged depends on the employer’s intention (dominant purpose) in promulgating the rules – a specific intent on t...
July 2018
Case Summary: C. v. Brookfield Homes
Defence + Indemnity
A Plaintiff’s claims for psychological and physical injury arising from the discovery of mould in his home (which had been rectified within a few months) ten years in the past were summarily dismissed. Even if his emotional problems could be attr...
July 5, 2018
Field Law Announces Gift to Calgary Public Library
The Library to Dedicate the Field Law Meeting Room in Calgary’s New Central Library
Field Law is pleased to announce a $50,000 gift to the Calgary Public Library Foundation in support of city-wide programs and services prior to the opening of the fully-funded New Central Library. “The Library is a long-time client of Field La...
July 2018
HRTO Finds Exemptions in Human Rights Code Unconstitutional
Workwise Newsletter
Recently, the Human Rights Tribunal of Ontario (the “HRTO”) released a significant decision regarding an employer’s discretion to terminate extended health, dental and life insurance benefits for employees that reach the age of 65, bu...
June 2018
Municipal Minute: Case Comment on McAllister v. Calgary
In the McAllister v. Calgary (City), 2018 ABQB 480 Madame Justice Kubik of the Court of Queen’s Bench found the City of Calgary liable under the Occupiers Liability Act for injuries suffered by the Plaintiff Kyle McAllister when he was assaulted ...
June 2018
Probate for Paddington: Michael Bond, CBE (1926-2017)
Field Law Blog
June 2018
Pay Attention to What You Pay For
Field Law Blog
June 2018
Standing Out: Branding and Trademark Issues for Cannabis Companies
Countdown to Cannabis Legislation
With the anticipation surrounding the upcoming legalization of cannabis in Canada, it comes as no surprise that companies have been quick to take advantage of this budding industry. More than 70 corporations have been issued licenses from Health Canada...
June 25, 2018
Surveillance Machines: Privacy Implications of Drones, UAVs and Driverless Vehicles
Presentations
Canadian Bar Association
June 2018
The $2 Million Case of Beer
Alberta Loses Yet Another Round in Supporting Craft Brewers
Steam Whistle Brewing Inc. v. Alberta Gaming and Liquor Commission – June 19, 2018Sir Mick Jagger informed us that “you can’t always get what you want,” and this time, the Alberta government gets more of what they don&...
June 2018
Supreme Court Defers to Law Societies in Denial of TWU’s Law School
Professional Regulatory Alert
In the related decisions of Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, and Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33, the Supreme Court of Canada concluded that the Law Societies of British ...
July 2018
Legal Cannabis: Coming to Canada on October 17, 2018
Countdown to Cannabis Legislation
On June 20, 2018, the federal government announced that Canadians will be able to possess and consume cannabis recreationally under the Cannabis Act as of October 17, 2018. Until that date, cannabis possession and consumption remains illegal, other tha...
June 19, 2018
Professional Regulation in the Age of Social Media
Professional Regulatory Roundtable
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable is designed to assist complaints directors and other regulatory professionals to navigate the issues that ca...
June 2018
A Star Extinguished: Anton Yelchin (1989-2016)
Field Law Blog
Summer 2018
To Each Their Own - Cannabis Rules and Markets to Vary by Territory
Aboriginal Business Quarterly
June 2018
Calgary’s Cannabis Consumption Bylaws: What You Need to Know
Countdown to Cannabis Legislation
In anticipation of the legalization of recreational cannabis in just a few months, Calgary’s City Council has taken steps to limit cannabis use in public. On April 5, 2018, City Councillors approved the Cannabis Consumption Bylaw 24M2018 (the &ld...
June 2018
Introduction to Corporate Reorganizations
Presentations
Canadian Bar Association
June 2018
#metoo: What’s an Employer To Do and Not To Do?
Seminars
DisruptHR
Leanne Monsma discusses what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.
June 2018
Of Beer and Borders
Alberta Loses Another Round In Its Support of Alberta Craft Brewers
Right now, Alberta Premier Notley and her government are thinking "stupid laws!", because they can't seem to get around the ones that affect subsidies or grants for Alberta craft brewers. Alberta's latest attempt, its 2016 Small ...
June 11, 2018
Sexual Abuse Amendments to the Health Professions Act and Health Disciplines Act: Implications for Regulators
Professional Regulatory Workshop
On June 1, 2018 regulators received a discussion document from Alberta Health “Protecting Patients from Sexual Abuse By Regulated Health Professionals” which outlines potential amendments to the Health Professions Act and Health Disciplines...
June 2018
Smart Contracts (Part 2): Intermediaries? We Don’t Need No Stinkin’ Intermediaries!
JD Supra
June 5, 2018
Cannabis in the Workplace - Implications for Northern Employers
Seminars
What Northern Employers Need to Know About Cannabis in the Workplace Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situ...
June 5, 2018
A Primer – Occupational Therapy
Seminars
Insurance Seminar
Join Field Law's Sharon Stefanyk and Occupational Therapist Gillian Bagg for an opportunity to learn from an occupational therapist experienced in providing expert opinion regarding a person’s physical capacities and their ability to particip...
June 2018
Smart Contracts as Programmatically Executable Transactions and Blockchain
Presentations
BLOCKCHAIN for Energy - Learnings from Oil and Gas Industry Applications
May 2018
Skip the Investigation and Risk Punitive Damages
Workwise
In recent cases such as Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525 and Garnett v Alberta Motor Association, 2017 ABPC 267, Alberta courts have cautioned employers about the importance of properly investigating complaints of impropriet...
May 29, 2018
New Drone Regulations are Coming to Canada – Are You Ready for the Changes?
Seminars
Canadian Bar Association
Join Erika Carrasco to explore new drone regulations coming to Canada. Specific topics of the session will include:  What are the current Regulations in Canada and how and why are they changing?  What will this mean for lawyers n...
May 2018
Cannabis Retailers and the Layers of Regulation Impacting Sale
Countdown to Cannabis Legislation
You're about to see some new businesses opening up around town: cannabis retail businesses. The Province is expected to issue approximately 250 cannabis retail licenses to businesses in anticipation of the upcoming legalization of recreational cann...
May 2018
Minor Injury Regulation Changes
Insurance Alert
Changes to the Minor Injury Regulation (AR 123.2004) (“MIR”) are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.     Although the wording of the regulation has always made it clea...
May 23, 2018
The New Alberta OHS Act: More Roles, More Obligations + Many More Pitfalls
Workshop
Join Field Law for a comprehensive half-day workshop that will prepare you for the upcoming changes to the OHS Act.  On June 1, serious changes are coming to Alberta’s occupational health and safety law. Already an onerous regulatory regi...
May 22, 2018
Definitive deference: How courts treat consultants’ decisions
The Lawyer's Daily
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
May 2018
Good News for Employers: No Unfettered Right to Use Cannabis at Work  
Countdown to Cannabis Legislation
As the cloud of recreational cannabis legalization looms on the horizon, employers will face difficult situations pertaining to cannabis and the workplace. It is important to remember that just because recreational cannabis will be legal, and medically...
May 2018
What is the Duty of Care owed by Bailee of a Vehicle to Innocent Third Parties on the Road?
Insurance Alert
Does a garage owner owe a duty of care to a third party who comes onto the businesses private property, steals a vehicle and is injured in a subsequent motor vehicle accident? The Supreme Court of Canada has ruled that “a business will only owe a...
May 2018
Trolls on the Bridge to Your Brand
The Medium
Canada’s Trade-marks Act has been radically amended, with those changes announced by the Canadian government to come into effect in “early 2019”.  But the effect of those upcoming changes for brand owners is already happening, an...
May 2018
Are Your Personality Rights Protected?
The Medium
The present day is marked by the propagation of cameras in nearly every device and the ability to instantaneously share and spread photos and information. The result has been to make it exceedingly difficult for individuals to protect themselves from h...
May 2018
Can Smart Contracts Really be Smart?
The Medium
“We are in the midst of a revolution – a revolution in the technology of storing, processing, and communicating information… [which] has brought about profound changes in business, political, and social institutions.”This quote...
April 2018
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
C. The Ontario Court of Appeal upheld a decision that a hospital insurer owed a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasio...
April 2018
Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet)
Defence + Indemnity
A. Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant’s negligence) and clear language in the lease is ...
April 2018
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
A. The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the claim under the insurance policy, sometime aft...
April 2018
Case Summary: Glover v. Leaky
Defence + Indemnity
B. An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed such weight as the Court decides.  Thu...
April 2018
Case Summary: Tuffnail et al v Meekes et al
Defence + Indemnity
B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).    Tuffnail et al v Meekes et al, 2017 ONSC 2894, per H.A. Rady J.  [4268]   FACTS AND...
April 2018
Case Summary: Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc.
Defence + Indemnity
A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage.Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc., 2017 ONCA 876 [4266]; aff’g 201...
April 2018
Case Summary: Stefanyk v Sobeys Capital Incorporated
Defence + Indemnity
C.  A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not negligence to put a bicycle rack at tha...
April 2018
Case Summary: Jones v. I.F. Propco
Defence + Indemnity
A. An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her private profile, even where she planned to call witnesses to testify to the differences between her p...
April 2018
Case Summary: Biggar v. Enns
Defence + Indemnity
In rear-end collisions the trailing driver is not always liable; the Court is to consider the factual circumstances in each case: the speed of the trailing vehicle, the distance between the vehicles, the actions of the trailing driver before the emerge...
May 2018
Don't Forget the Sanctions...
Professional Regulatory Webinar
You’ve heard all the evidence and the charges are proven. For the professional whose career is on the line, nothing could be more important than what comes next... Presented by James Casey, QC and Gregory Sim of the Field L...
May 2, 2018
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Wills, Estates + Trusts Seminar
Join Field Law’s Wills, Estates + Trusts Group and your colleagues from the non-profit sector for a complimentary lunchtime seminar. This seminar is designed to assist charities and non-profit organizations and their staff with an understanding o...
April 19, 2018
Resolve to Resolve Alternatively
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for a lunchtime roundtable. This roundtable is designed to assist regulators and their staff whose mandates include resolving complaints, including by assessin...
April 19, 2018
Weed at Work: Preparing for the Upcoming Legalization of Cannabis in Canada
Seminars
Join Trojan Safety, SIX Safety Systems and Field Law for a detailed half-day seminar providing practical advice and useful tips to prepare your organization for situations involving cannabis in the workplace. During this comprehensive half-day semin...
April 2018
Cannabis Regulation in Canada’s Territories
Countdown to Cannabis Legislation
Canada's plans for cannabis legalization are slowly rolling into focus. While many of the details of the regulatory framework are still under review, it is clear that the approach to regulation taken by the Provinces and Territories is mixed and di...
April 12, 2018
Women in Leadership - 11th Edition
Conferences
Leading successfully in today's environment
We live – and work – in a world, in professions, where notwithstanding the Me Too and Time’s Up movements, sexism and gender bias are alive and well. Now, more than ever, empowerment of women – and ownership by women – mat...
April 11-12, 2018
HR Undefined 2018
Conferences
HR Undefined is CPHR Alberta’s largest annual event. It provides an environment where you can learn solutions to HR challenges through professional development and networking with Alberta’s HR pros. In April 2018, Human Resources and busine...
April 2018
Cannabis: Insurance Implications
Seminars
CICMA/CIAA Education Conference
April 2018
Is Spousal Support Available After Death?
Field Law Blog
April 3, 2018
Blockchain Hype, Myths and Today’s Practical Applications
Presentations
Evening Pubinar Series (IAIA-WNC Southern Alberta)
April 3, 2018
Field Law Launches 2018 Community Fund Program
Regional law firm pledges $75,000 to support community initiatives in Alberta and the Northwest Territories
Field Law, a western and northern regional law firm, is excited to announce the launch of its 6th annual Field Law Community Fund Program (the Program). The Program supports local initiatives and causes within communities in Northern and Southern Alber...
Spring 2018
Cannabis in the Workplace: A Few Things Employers Might Get a Taste of
Aboriginal Business Quarterly
March 2018
Cannabis in the Workplace: A Few Things Employers Might Get a Taste of
Countdown to Cannabis Legislation
At this point, employers in Alberta are acutely aware that cannabis or marijuana is about to become a legal substance. However, they might not yet have a full understanding of how this legalization will impact them, their employees or their workplace. ...
March 2018
26 (Months) is the New 24: No “Hard Cap” on Reasonable Notice Periods
Workwise Newsletter
What is the maximum amount of notice that an employee is entitled to upon termination? In Dussault v Imperial Oil Limited, 2018 ONSC 1168, the Ontario Superior Court of Justice confirmed there is no cap on the length of reasonable notice of termination...
March 2018
Rolling the Dice on Costs of Estate Litigation
Field Law Blog
March 2018
Contentious Construction Contract Clauses: Traps and Pitfalls to be Aware Of
Presentations
BUILDEX Edmonton Conference
March 2018
Duty of Fairness at Investigative Stage and the Importance of Cooperation in an Investigation
Perspectives for the Professions / Canadian Employment Law Today
March 2018
Unauthorized Practice: Strategies that Work
Perspectives for the Professions
Regulators have an obligation to protect the public from unqualified, unauthorized persons practicing the profession. Regulating this risk to the public is challenging. Regulators have a variety of approaches and tools to secure compliance with their g...
March 2018
Reduction in Sanction on the Basis of Delay is Not Automatic
Perspectives for the Professions
The Law Society of Upper Canada v Abbott, 2017 ONCA 525, holds that delay in initiating investigatory and disciplinary proceedings does not necessarily justify a reduction in sanction. Mr. Abbott was a real estate lawyer. In 2007, a lender client,...
Winter 2018
2017 A Year in Review Seminar Series
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Occupational Health and ...
March 2018
Mo’ Money, Mo’ Administration
Field Law Blog
March 2018
Double Duty: Executors’ Tax Filing Obligations
Field Law Blog
Winter 2018
Cybersecurity for Canadian Organizations
Risks + What to Do
Digital technologies offer many benefits, but they also expose their users to an increasing range of threats with the potential not only to cripple or destroy an organization’s digital assets and data, but also to cause huge financial losses. It ...
March 2018
Mandatory Breach Reporting under PIPA and PIPEDA
February 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor ought to have known that the vehicle was stol...
February 2018
Case Summary: Stefanyk v Stevens
Defence + Indemnity
A. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a condition or activity on its premises to ...
February 2018
Case Summary: Alberta v Suncor Energy Inc.
Defence + Indemnity
A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that every document on the investigation file is privileged ...
February 2018
Case Summary: Valard Construction Ltd. v Bird Construction Co.
Defence + Indemnity
A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, p...
February 2018
Case Summary: Aviva Insurance Company of Canada v Intact Insurance Company
Defence + Indemnity
B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded facts did not allow a determination if the escape fel...
February 2018
Case Summary: Hartley v Security National Insurance Company
Defence + Indemnity
A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the  U.S. state where the accident occurred up to the OPCF 44R limits but not for the plaintiff’s U.S. legal fees....
February 2018
Case Summary: Vanderveen v Waterbridge Media Inc.
Defence + Indemnity
A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion.  Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (Ont.S.C. Small ...
February 2018
Case Summary: Halley v McCann
Defence + Indemnity
B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for damages plus $1,500 in punitive damages.Halley v McC...
February 2018
Case Summary: Stevenson v Thompson
Defence + Indemnity
A Plaintiff was found by the trial judge to have exaggerated her pain levels and to have lied during Questioning and to her health care professionals but was still found at trial to be credible and honest, which resulted in the Plaintiff obtaining a fa...
February 2018
Protection From Discrimination in Employment – To Infinity and Beyond
Workwise Newsletter
At the end of last year, the Supreme Court of Canada, in the highly anticipated decision of British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 (“Shrenk”), addressed the following important issue: How far does protection from disc...
February 2018
Jail for OHS Offences? Yes - Even if the OHS Prosecutor Didn’t Ask For it!
Workwise Newsletter
It has long been the law in Alberta that work site parties convicted of offences under the Occupational Health and Safety Act, Regulations or Code could spend time in jail. Until recently, however, this had never happened. Alberta courts have relied in...
February 2018
2018 Blockchain IoT & Machine Learning
Client Events
Oil & Gas Canada
How to Manage the Legal Risk of Emerging Technologies and IoT and Reap the Benefit
February 2018
Trademarks: Use it or lose it – and prove it!
The Medium
You may be surprised to learn that even after your trade-mark is registered, it can be expunged from the Trade-marks Register. One way is through Section 45 of the Trade-marks Act (“Act”). Section 45 of the Act authorizes expungement of tra...
February 2018
The Google vs. Equustek Decision: What comes next?
The Medium
The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an American company? The case of...
February 2018
Goodbye Floppy Disk, Hello Streaming Video: Trademark Evolution, Part 2
The Medium
Technology certainly evolves. Can a trademark do the same?In the world of intellectual property rights, a registered trademark can live on for a hundred years or more. If you registered a trademark in the 1800s, it could still be valid today. But will ...
February 2018
You May Have to Keep Your Promises
Field Law Blog
February 2018
Neil Kathol on Global News with Nancy Hixt
Legal experts urge caution when posting online about the #MeToo movement
February 2017
Fairmont: SCC Raises Hurdle for Rectification
Canadian Tax Focus (Volume 7, Number 1)
February 2018
Trust Residence Post-Fundy
Canadian Tax Highlights (Volume 26, Number 2)
February 2018
Univar: Arm’s Length Surplus Strip Not Abusive
Canadian Tax Highlights (Volume 8, Number 1)
January 2018
Drones 101
Calgary lawyer says laws confusing but clarity is on the horizon
January 2018
Understanding Limitations of Liability: Recent Alberta and Canadian Case Law
Canadian Institute: Managing Risk in Construction Contracts & Projects Conference
2017-2018
Privacy Law for Human Resource Professionals (NAIT)
2017-2018
Privacy Fundamentals for Professional Regulators
January 2018
An Unconscionable Bargain
Field Law Blog
January 2018
Update on Conflicts of Interest Act: Deadlines Looming for Post-Secondary Institutions
As we outlined in an earlier article, the Alberta Legislature recently introduced Bill 27: the Conflicts of Interest Amendment Act. This Act, which is now in force, expands the reach of the Conflicts of Interest Act to all public agencies, boards and c...
January 2018
The Blockchain Patent Gold Rush
JD Supra
January 2018
Contractor Know Thyself: If You Don’t, You May Lose Your Lien
Field Law Blog
January 2018
North of 60 Series: Estate Administration in the Northwest Territories
Field Law Blog
January 2018
Field Law in the Calgary Herald: Nonfiction enjoys Stampede partnership
Nonfiction Studios, the Calgary creative agency responsible for Field Law’s blog and Community Fund Program website, is profiled by the Calgary Herald ahead of their 2018 partnership with the Calgary Stampede.
January 2018
Could new technology keep drones from spying on you?
Vanessa Hvratin, National Post
Erika Carrasco offers perspective on the current challenges facing the drone industry, and how new technology and privacy laws could impact future drone legislation.
January 2018
Fatal Errors: The Small Mistakes That Can Have a Big Impact On Your Lien Claim
Field Law Blog
January 2018
Field Law Announces Two Partners
Firm Welcomes Malkit Atwal and Sharon Roberts to its Partnership
EDMONTON – Field Law is pleased to introduce Malkit Atwal and Sharon Roberts as partners of the Firm. The addition of Malkit and Sharon to Field’s partnership is an emblem of the Firm’s growth in 2017, and its continued expansion and ...
December 2017
Termination Problems: When Can You Walk Away From a Contract?
Field Law Blog
December 2017
Through the Scratched Looking Glass: Sattva, Ledcor, Teal and Developments in the Law of Contract
Carswell Annual Review of Civil Litigation 2017
December 2017
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or violation of a right of privacy, wi...
December 2017
Case Summary: Middleton v Pankhurst
Defence + Indemnity
A. In Ontario the Statutory Condition in an auto policy requiring that the driver be “authorized by law” to drive refers to the licensing regime such that breaching driving conditions in a probation order does not render the driver to be un...
December 2017
Case Summary: Co-operators General Insurance Company v. Kane
Defence + Indemnity
C. Where the policy excludes coverage for intentional acts, allegations of negligence relating to the same claim will not be excluded from coverage if “it is possible that they were not committed with the same intention or state of mind, being to...
December 2017
Case Summary: Baker v Poucette
Defence + Indemnity
A. Where a plaintiff is held to suffer a negative loss (i.e. has had a “gain”) under one head of damage, that gain is not to be offset or deducted from another head of damage where the plaintiff has suffered a loss. Baker v Poucette, 2017 ...
December 2017
Case Summary: Economical Mutual Insurance Company v Gill
Defence + Indemnity
B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent’s homeowner’s policy was held to exclude coverage for the parent.  Economical Mutual Insuran...
December 2017
Case Summary: R v Shah
Defence + Indemnity
A. After the first reported decision on drones in Canada, the drone operator was found guilty of flying his drone "in a manner hazardous or likely hazardous to aviation safety" under section 602.45 of the Canadian Aviation Regulations as it t...
December 2017
Case Summary: Reeb v. The Guarantee Company of North America
Defence + Indemnity
D. An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent counsel (an amicus curae or Cumis counsel) to defend the i...
December 2017
Case Summary: Larizza v. The Royal Bank of Nova Scotia
Defence + Indemnity
B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a credit check in the circumstances and a reasonable p...
December 2017
Case Summary: Hobin v. Enterprise Rent-A-Car Company
Defence + Indemnity
A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the driver’s negligence at $1 million and to make t...
December 2017
2017 Field Law Post-Secondary Summit Recap
Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the lawyers in Field Law’s Post-Secondary Education Practice ...
December 12
If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation,  You Need to Read This!
Workwise Newsletter
Important changes to Alberta’s Employment Standards Code (the “Code”) come into effect in just a few short weeks. In order to align the Employment Standards Regulation with these changes, on December 7, 2017 the Government of Alberta ...
December 2017
A Different Kind of Joint Problem
Field Law Blog
December 2017
Employment Standards Code Changes are Effective January 1: Are You Ready?
Workwise Newsletter
As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family- Friendly Workplaces Act come into effect on January 1, 2018. Employers should take the following ...
December 2017
R v Jarvis: Is There a Reasonable Expectation of Privacy in Schools?
Workwise Newsletter
In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment.BackgroundThe Respondent, a high school teacher, was surreptitiously recording female students and teachers using...
November 30, 2017
2017 Field Law Post-Secondary Summit
Conferences
Join us for our second annual summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Click here to view the brochure.  Click here to register.   
November 2017
The Devil is in the Drafting: Is an Estate Entitled to Spousal Support Payments?
Field Law Blog
November 2017
Bill 30 Overhauls Alberta's Occupational Health and Safety Act
On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete replacement of the c...
November 2017
IP: What’s In It For You
Presentations
Canadian Intellectual Property Institute of Canada
November 2017
It’s Your Funeral, but Who Calls the Shots?
Field Law Blog
November 2017
Field Law at CBA West 2017
The Alberta and British Columbia branches of the Canadian Bar Association (CBA) are teaming up to present “CBA West 2017”, an exciting new legal conference for lawyers practicing in Western Canada. The conference will take place in Las Vega...
November 2017
Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies
Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and commissions in Albert...
November 2017
Legally Using Drones in Construction - How to Maximize Profit while Minimizing Risk
Presentations
BUILDEX Calgary
November 2017
My Last Will and Textament
Field Law Blog
November 2017
Legal eagle to explain how to soar like a drone properly
Peter Caulfield, Journal of Commerce
Ahead of Calgary Buildex 2017, Erika Carrasco provides background on her presentation on safe, legal use of drones: It's a Bird, It's a Plane, No It's a Drone! Legal Know-how for Successful Use and Operation of UAVs on Construction and Comm...
November 2017
Discipline Hearing Processes
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
November 2017
Decision Writing
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
October 2017
(Don’t) Live Together, Love Together
Field Law Blog
October 2017
The Brick Warehouse LP v Chubb Insurance Company of Canada
Defence + Indemnity Newsletter
A. Where an insured’s employee followed an email from a fraudster posing as a vendor to change the electronic payment instructions to an account controlled by the fraudster, coverage was denied under the funds transfer fraud coverage in a crime p...
October 2017
Birss v Tien Lung Taekwon-Do Club
Defence + Indemnity Newsletter
A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are taken to consent to the risks inherent in the sport, ther...
October 2017
Hudye Inc v Rosowsky
Defence + Indemnity Newsletter
A. Notes prepared for a witness to rely upon to refresh his/her memory prior to a Questioning may not be privileged and, if they are, relying on those notes to testify waives any privilege over the notes.  Hudye Inc v Rosowsky, 2016 ABQB 724, per ...
October 2017
Case Summary: Vermilion & District Housing Foundation v Binder Construction Limited
Defence + Indemnity Newsletter
The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.  Vermilion & District Housing Foundation v Binder Construction Limited, ...
October 2017
Bruff-Murphy v Gunawardena
Defence + Indemnity Newsletter
The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper to ensure expert witnesses are worthy of being experts...
October 2017
No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements
Professional Regulatory Alert
The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the regulation of activities w...
October 2017
Failure to Investigate Not Fatal to Just Cause Termination
Workwise Newsletter
The Alberta Court of Queen’s Bench’s recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centres around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also contains importan...
October 2017
You Can Ask for Advice and Directions
Field Law Blog
October 2017
Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us
Seminars
The provincial government's new Fair and Family-Friendly Workplaces Act has introduced profound changes to Alberta's Employment Standards Code and Labour Relations Code. Some changes are already in effect, and some come into effect on January 1...
October 2017
Perspectives on Transparency for Professional Regulators
Conferences
The Canadian Network of Agencies for Regulation (CNAR) Conference, Halifax, NS
October 2017
Field Law brings ideas and energy to Opportunities North 2017
Creating and expanding economic opportunities for northern communities in Canada
As Canada’s economy continues to slowly recover from an ongoing global downturn, questions remain about how our country will address longstanding issues of unemployment and a lack of opportunity in our northern communities.  As a business in...
October 2017
Legalized Recreational Marijuana in Alberta - Is Your Workplace Prepared?
The Advisor
On April 13, 2017, the federal government tabled two new cannabis-related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill C-46: An Act to ame...
October 2017
Field Law Lawyers and Department recognized in Chambers Canada 2018 Guide
Field Law is pleased to announce that it has been listed in the Chambers Canada 2018 guide as having a “Highly Regarded Corporate/Commercial” Department in Alberta.Additionally, the following lawyers have been ranked: L. Frank Molnar, Q...
October 2017
What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?
October 2017
Field Law Lawyers and Department recognized in Chambers Canada 2018 Guide
Field Law is pleased to announce that it has been listed in the Chambers Canada 2018 guide as having a “Highly Regarded Corporate/Commercial” Department in Alberta.Additionally, the following lawyers have been ranked: L. Frank Molnar, Q...
2017 - Present
Privacy Law for Human Resource Professionals
September 2017
Importance of Clear Guidelines and Policies
Perspectives for the Professions
Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the guidelines.Dr. Silwin was ...
September 2017
The Relationship Between Council and the Chief Executive Officer
Perspectives for the Professions
The Chief Executive Officer of a professional regulatory organization is the senior staff person responsible for the overall operations of the organization. Typically, the CEO will report to Council which is responsible for providing governance oversig...
September 2017
Standing of Complainants on Judicial Review
Perspectives for the Professions
Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint.Mr. Holden, a member of the Law Society of the...
September 2017
Without Prejudice: An Invisibility Cloak for a Mature World
Workwise Newsletter
Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second “without pre...
September 2017
A. Danielle Bourgeois honoured by University of Alberta
Field Law lawyer and former Pandas hockey player inducted into the Sports Wall of Fame
A. Danielle Bourgeois, '05 BA, '09 LLB, will be inducted in the University of Alberta Sports Wall of Fame for her leadership in university sport. President David H. Turpin presented Danielle with her award on September 25, 2017 at the Northern Alberta ...
September 2017
Autonomous Vehicle Law: The Current Legal Landscape
Presentations
The National Public Sector Lawyers Forum
September 2017
Your Career May Be An Open Book: Privacy and Regulatory Investigations
The CAP Monitor
September 2017
The Next Industrial Revolution: How IoT Will Change the Way People Live, Work & Play
Presentations
SCG Legal Annual Meeting
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a...
August 2017
Case Summary: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd.
Defence + Indemnity Newsletter
A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims after principal’s default)  &...
August 2017
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Workwise
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB 374 cautions employers to ...
August 14, 2017
Field Law welcomes Jennifer Marshall to Business Law Group
Firm welcomes new mergers and acquisition lawyer to its Calgary office
CALGARY – Field Law welcomes Jennifer Marshall to their Calgary office. Jennifer joins the firm’s Business Law Group as their newest lawyer.  Field Law continues its expansion and diversification in key industries including energy and ...
August 2017
Biancaniello v. DMCT LLP
Defence + Indemnity
Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed.  Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]I. FACTS AND ISSUES   ...
August 2017
Bumstead v. Dufresne
Defence + Indemnity
The Court of Appeal upheld a trial judgment based on significant plaintiff credibility issues awarding less than $300,000 in the face of a $2,000,000 claim.  Bumstead v. Dufresne, 2017 ABCA 122 [4236]I. FACTS AND ISSUES   This judgement inv...
August 2017
Nemchin v. Green
Defence + Indemnity
A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to disclosure it herself, where the Defendant agreed to a ...
August 2017
Knibb v. Foran
Defence + Indemnity
The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron consumption, because the evidence did not establish that the t...
August 2017
Case Summary: Funk v. Wawanesa Mutual Insurance Company
Defence + Indemnity
The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to relieve against forfeiture, per the Judicature Act,...
July 2017
Mistakes and Builders’ Liens: Fixable or Fatal?
July 2017
Things Left Unsaid – Determining Price Adjustment resulting from Scope Changes
July 21, 2017
Field Law Announces Northern Alberta Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in Northern Alberta
Field Law, a western and northern regional law firm, is excited to announce the Northern Alberta winners of the Field Law Community Fund Program (“the Program”). This year, the Program celebrated its fifth year of supporting local community...
July 17, 2017
Field Law Announces Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in the NWT
Field Law, a western and northern regional law firm, is excited to announce the Northwest Territories winners of the Field Law Community Fund Program (the Program). This year, the Program celebrated its fifth year of supporting local community initiati...
July 2017
How Key is the Employee? Identifying When an Employee is a Fiduciary
Workwise
A fiduciary employee is an employee trusted with a measure of responsibility by their employer. This in turn creates corresponding duties owed by the fiduciary that go over and above those normally owed by an employee to an employer.It is therefore imp...
July 2017
Alberta’s Highest Court Clarifies OHS Law: Privilege Must Be Proven
Labour and Employment Alert
With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under Alberta’s Occupational ...
July 6, 2017
Field Law Announces Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in Calgary area
Field Law, a western and northern regional law firm, is excited to announce the Southern Alberta winners of the Field Law Community Fund Program (the Program). This year, the Program celebrated its fifth year of supporting local community initiatives i...
June 2017
Define Who Your Children Are In Your Will
Field Law Blog
June 2017
The King of Pop on Death and Taxes
Field Law Blog
June 2017
Certain Earnings During Notice Period Not Considered Mitigation
Workwise
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain earnings during the n...
June 2017
First Calgarian convicted for flying drone wins new trial after appeal
Shawn Logan, Calgary Herald
Erika Carrasco grants insight into the complexities of UAV Regulations in Canada, and her involvement as counsel in the appeal of the first person in Calgary charged under those Regulations.
June 2017
US Drone Registry is Shot Down
In response to the proliferation of recreational drones in American skies, the Federal Aviation Administration (FAA) introduced a rule known as the “Registration Rule” in 2015. The rule required drone owners to register their drones with th...
June 2017
Update on Bill 17: The Fair and Family-friendly Workplaces Act
Workwise Newsletter
June 2017
Copyright in Seismic Data is Confirmed
By Richard Stobbe In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner o...
June 2017
Discussion of the Edmonton School District No. 7 v. Dorval Decision
A discussion of what kind of flexibility do educators have to disagree with administration before it turns into insubordination? Do school educators have academic freedom and if so, how far does it go?
June 2017
Case Update for Styles v. Alberta Investment Management Corporation
Workwise Newsletter
On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.1 This leaves the Alberta Court of Appeal’s decision u...
June 2017
Non-Competition Clauses: Enforceable or Just for Show?
The Medium
When can a non-competition clause actually stop someone from working? Or are these clauses just for show?   Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former employer.  ...
June 2017
Government of Canada Suspends CASL's Private Right of Action Provisions
By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised by businesses,...
June 2017
Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope
The Medium
Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable?  Based on recent cases in the United States, the answer is: yes, software inventi...
June 2017
The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility
Professional Regulatory Alert
Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreeme...
June 2017
“I googled it”: Generic Words and Trademark Rights
The Medium
A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service.   In a very interesting decision from the U...
May 2017
Copyright Infringement on a Website: the risks of scraping and framing
If photos are available on the internet, then… they’re free for the taking, right?Wait, that’s not how copyright law works? In the world of copyright, each original image theoretically has an “author” who created the imag...
May 2017
If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use
Professional Regulatory Alert
Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered Professional Accountants of Britis...
May 2017
Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents
Workwise
The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents.The agreement is titled the &...
May 2017
Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images
On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images of them distri...
May 2017
Highlights of Bill 17: Alberta’s Fair and Family Friendly Workplaces Act ​
Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and family-friendly workplaces...
May 2017
Transfer-Pricing Penalty Update
Canadian Tax Focus (Volume 7, Number 2)
May 2017
Hybrid Sales
Canadian Tax Highlights (Volume 25, Number 5)
April 2017
Defamation with the Click of a Mouse: Assessing Damages
In the midst of a challenging period for a condominium owners association in a property located in Costa Rica, the president of the association resigned in frustration. Someone had overheard a rumour that the president resigned because he had been accu...
April 2017
Patent Infringement for Listing on eBay?
By Richard Stobbe A patent owner notices that knock-off products are listed for sale on eBay. The knock-offs appear to infringe his patent. When eBay refuses to remove the allegedly infringing articles. The patent owner sues eBay for patent infringemen...
April 2017
Taking Off: Drone Law in Canada
Seminars
What You Need to Know to (Legally) Operate a Drone   Did you know that people operating drones are considered pilots of aircraft? Or that the Canadian drone market is estimated to be worth between $100-$260 million by 2024? How about the fac...
April 2017
Bill 7: An Act to Enhance Post-Secondary Academic Bargaining
Bill 7 passed first reading in the Alberta Legislature on April 6, 2017. The Bill is part of the Government of Alberta’s response to the Supreme Court of Canada decision that guaranteed workers the right to strike and comes after consultation wit...
April 2017
LESA Seminar on Estate Litigation Fundamentals
Seminars
April 2017
Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfil Mandate
Professional Regulatory Alert
In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to meet their public interest ma...
April 2017
Family Status Accommodation: Where Are We Now?
April 2017
Reviews of Workplace Legislation Underway in Alberta
In Alberta, the Employment Standards Code1 establishes the minimum standards for employment relationships. Relatedly, the Labour Relations Code2 governs the relationships between unions and management. Both the Employment Standards Code and the Labour...
March 2017
Canadian Copyright & Breach of Technological Protection Measures (TPMs): $12.7 million in Damages
By Richard Stobbe It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were provisi...
March 2017
Interim Canadian Drone Rules Launched
As the recreational and commercial use of drones expands, the calls for a regulatory framework have grown louder. The Canadian federal government has, until last week, taken the simple approach of prohibiting the use of UAVs: “No person shall ope...
March 2017
Bequest Management for Charities in Canada (2nd Edition)
Contributing Author - Predrag Tomic
Written for charities and their advisors, this book is a great legal and practical guide on managing bequests. Along with Ontario, Alberta and British Columbia, the second edition has been expanded to include Saskatchewan, Manitoba, and the eastern pro...
March 2017
Experimental Use of an Invention
Inventors must take care that their invention is “new” for it to be patentable. That means the invention hasn’t been disclosed to the public. Trade show announcements, press releases, publications, offering the invention for sale &nda...
February 2017
Another Canadian Decision Reaches Outside Canada
This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in Romania. The material in quest...
February 2017
5 Tips to Avoid Constructive Dismissal Claims
Workwise
A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee, the employee feels as though they are being pushed out and quit...
February 2017
VCC vs. VCC: Where's the Confusion?
. By Richard Stobbe When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015 (See: No copyright or trademark protection for metatags). In that earlier decis...
2017
Lead Author, "Earth, Wind & Fire: Power Infrastructure in Alberta’s New Age"
Alberta Law Review, Vol. 55, No 2: Energy Law Edition
2017
Speaker, “Credit Enhancement Techniques to Secure Payment Obligations under Midstream Services Agreements”, private client presentation
Presentations
January 22, 2017
Our Calgary and Edmonton Offices Have Moved!
Click through to update your records with our new addresses:CALGARY OFFICE (as of January 23, 2017)400 - 444 7 AVE SWCalgary AB T2P 0X8EDMONTON OFFICE (as of December 12, 2016)2500 - 10175 101 ST NWEdmonton AB T5J 0H3Please note phone numbers and ema...
January 2017
Joint Submissions on Sanction
The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given
In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted principles established...
1991-1996
Bar Admission Course - Business Law Section
November 2016
The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns
It may be assumed that when an employee says “I quit” or walks into his employer’s office, hands in his keys and says “I’m done” the employer can  accept the employee’s resignation and move ...
November 2016
Reorganization Following Arm’s Length Purchase Found Abusive
Canadian Tax Focus (Volume 6, Number 4)
October 2016
Defence + Indemnity - October 2016
October 2016
Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
Professional Regulatory Alert
In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in P...
September 30, 2016
Field Law Recognized by Chambers Canada
Regional firm earns inclusion in Chambers Canada directory
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce their recent inclusion in the Chambers Canada Directory.Field Law was listed in Chambers Canada 2016 as a “Highly Regarded Corporate/Commercial” fi...
September 2016
Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts
The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the surrou...
September 2016
The Wild West: Drone Laws and Privacy in Canada
‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be p...
September 2016
Post-Grant Patent Amendment - Canadian and US Options
On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if you re...
September 2016
Ownership of Copyright in Software
Can an employee claim to own the employer’s software?An “author” of a work is the first owner of copyright. To determine ownership, it’s necessary to determine which contributions will be considered “authors...
September 2016
Alberta's Minimum Wage is on the Rise
Effective October 1, 2016, Alberta’s minimum wage will increase from $11.20 per hour to $12.20 per hour. This is the first step in the Provincial government’s plan to increase the minimum wage in Alberta to $15.00 per hour by...
August 2016
Defence + Indemnity - August 2016
August 2016
Promising Updates to Royalty Programs - Energy Industry at a Crossroad
HIGHLIGHTS In early July the Alberta Department of Energy (Alberta Energy) announced two new royalty programs – the Emerging Resources Program and Enhanced Hydrocarbon Recovery Program– to stimulate oil & gas production ...
August 2016
Transfer-Pricing Penalties Now at Issue
Canadian Tax Focus (Volume 6, Number 3)
July 28, 2016
Field Law Announces the Northern Alberta Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on serving underprivileged children, a theatre festival for the hearing impaired, literacy and homework programs, and more
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Northern Alberta winners of the 2016 Field Law Community Fund Program. The annual Program, which supports local community initiatives and proje...
July 2016
Alberta Government Updating 2004 Auto Insurance Reforms
Insurance Alert
The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004; the Diagnostic and Treatment Protocols Reg...
July 19, 2016
Field Law Announces the Northwest Territories Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on cancer peer support, anti-bullying seminars and youth science workshops
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Northwest Territories winners of the 2016 Field Law Community Fund Program. The annual Program, which supports local community initiatives and ...
July 2016
Police Access to Accused Statements to the Insurer
Canadian Bar Association
July 2016
If Your Expert Doesn’t Know the Product he is Testifying on, You’re Gonna Have a Bad Time
Insurance Alert
Most will remember the case McDougall v. Black & Decker Canada Inc. as being the leading Alberta case on the issue of spoliation. A fire occurred which burned down the Plaintiffs' house. The Fire Department who initially inv...
July 2016
One Small Step - Alberta Energy Regulator Makes Change to Interim Measures
HIGHLIGHTS The Alberta Energy Regulator (AER) has considered feedback on the interim measures put in place in Bulletin 2016­-16 and issued revisions and clarifications in Bulletin 2016-­21 The only change Bulletin 2016-­...
July 8, 2016
Field Law Announces Southern Alberta Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on at-risk-youth, pet therapy access, women in crisis and more
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Southern Alberta winners of the 2016 Field Law Community Fund Program. Now in its fourth year, the Program, which supports local community init...
July 2016
A Binding "Clickwrap Agreement" From Paper?
Consumers and businesses routinely enter into binding contracts by means of both paper agreements and online “click­-through” agreements. But what happens when you face a “hybrid” contract? Can a binding contract b...
July 2016
Why Every Parent in Alberta Should Have a Will
As a young, healthy parent, you may believe that having a Will is the last thing on a long priority list. However, while a Will is vital for everyone, those with children should be particularly mindful of the primary importance of h...
July 2016
The Alberta Energy Regulator Makes Waves with its Response to the Redwater Decision
Highlights The Alberta Energy Regulator (AER) issued Bulletin 2016-­16 which has put in place interim measures in response to the Court of Queen’s Bench decision in Redwater Energy Corporation (Re) (Redwater)1 The in...
June 2016
Case Summary: Graham (Litigation guardian of) v. Lemay
Defence + Indemnity
Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors.   Graham (Litigation gua...
June 2016
Case Summary: Bumstead v. Dufresne
Defence + Indemnity
Surveillance evidence significant in discrediting Plaintiff in large chronic pain case.   Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J.   I. FACTS AND ISSUES   The Plaintiff was injured in a rear­-end mot...
June 2016
Case Summary: Jones v. Stepanenko
Insurance + Indemnity
The Court overtly accepted the Plaintiff’s expert testimony and criticized well-­known defence experts with regard to whether the Plaintiff’s injuries were minor and whether fibromyalgia can be caused by trauma. &nbs...
June 2016
Case Summary: McPhail v. John Doe I
Under the Occupier’s Liability Act (OLA) there is no duty to investigate and identify a patron for the purposes of a claim between the two patrons unless the occupier had done something to induce an expectation that it would conduc...
June 2016
Case Summary: Nahal v. Ram
Contributory negligence of a passenger will not be found by virtue of the passenger’s knowledge that the driver only has a novice driver’s licence without evidence that the passenger engaged in negligent acts or knew the...
June 2016
Case Summary: Maynard v. Alberta Motor Assn.
Where a party pleads equitable relief (such as rescission, estoppel or relief from forfeiture) with respect to an insurance policy, the claim cannot be heard by a jury.   Maynard v. Alberta Motor Assn., 2015 ABQB 564, per ...
June 2016
Case Summary: Condominium Corporation No 0425636 v Amyotte’s Plumbing
Defence + Indemnity
The principles for extending the limitation period for filing Third Party Notices.  Condominium Corporation No 0425636 v Amyotte’s Plumbing, 2015 ABQB 801, per Master Schulz  I. FACTS AND ISSUES When the condomi...
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.  HOOPP Realty Inc. v. The Guarantee Company of North America, 2015 ABCA 336&...
June 2016
Performance Reviews: Check-Ups Keep Regulators Running in Top Condition
Perspectives for the Professions Newsletter
What is a performance review?A “performance review,” also known as a “third-­party review,” is a rigorous, in­-depth assessment of the regulatory performance of an organization by an independent and objective o...
June 2016
Case Summary: Good Character Requirement
Perspectives for the Professions Newsletter
Nowoselsky v. Saskatchewan Association of Social Workers, 2015 SKQB 390, dismissing an appeal from a Council decision upholding denial of registration.Mr. Nowoselsky disclosed in his application for registration with the Saskatchewa...
June 2016
Case Summary: Duty to Cooperate with Regulator
Perspectives for the Professions Newsletter
Round v. Institute of Chartered Accountants of Ontario, 2015 ONSC 7099, dismissing an application for judicial review following commencement of professional misconduct proceedingsThe Professional Conduct Committee (the “C...
June 2016
New Essential Services Legislation Now In Force
On May 27, 2016, Alberta’s new Essential Services legislation came into force.Bill 4 – An Act to Implement a Supreme Court Ruling Governing Essential Services is the Alberta Government’s answer to the Supreme Court&rsqu...
June 2016
Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace?
Despite a new decision on the issue from the Alberta Court of Queen’s Bench (the “Court”) on May 18, 20161, the answer to this question remains “maybe.” The Court has, however, provided us with a measure of ...
June 2016
The Redwater Decision: The Alberta Energy Regulator - Trumped by Federal Bankruptcy Law
Highlights Federal Bankruptcy laws prevail to the extent of a conflict with otherwise valid provincial law. Receivers may renounce uneconomic assets.  The Alberta Energy Regulator (AER) does not have a super priority over secu...
2016
Presenter, "Derivatives Product Determination and Trade Repository Data Reporting Rules", private client presentation
Presentations
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity Newsletter
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.    HOOPP Realty Inc. v. The Guarantee Company of North A...
May 2016
Alberta LTD ruling offers lessons about exclusions for pre-existing conditions
May 26, 2016
Field Law Community Fund Program Seeks Community Input to Select Program Finalists
Regional law firm opens voting phase to public with $75,000 available for distribution
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, has launched the online voting phase for the fourth year of the Field Law Community Fund Program (the Program). The Program, which supports local pay-it-forward initiativ...
May 2016
Sit Back and Relax - Is there a Duty to Mitigate after Termination of a Fixed-Term Contract?
The Ontario Court of Appeal recently issued its decision in Howard v. Benson Group Inc. 2016 ONCA 256, relating to the termination of a fixed-­term employment contract. The Plaintiff, Mr. Howard, was a Truck Shop Manager who ent...
May 2016
Selected Cross-Border Issues of Interest for Canadians Investing Abroad
Presentations
Canadian Bar Association
May 2016
Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority
Professional Regulatory Alert
In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducement...
May 2016
Case Summary: McMyn v. Manufacturers Life Insurance Co.
Defence + Indemnity
General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against the insurer ...
May 2016
Keeping Your Cards Close To Your Vest
Protecting Confidentiality for Statements
May 2016
L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée
Defence + Indemnity
Liability of surety in Quebec under a labour and material payment bond consistent with common law principlesL’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]I....
May 2016
Case Summary: R. v. Fedan
Defence + Indemnity
Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission?    R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]    I. FACTS AND ISSUES&n...
May 2016
Case Summary: Fernandes v. Araujo
Defence + Indemnity
Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss.    Fernandes v. Araujo, 2015 ONCA 571 [4179]    I. FACTS AND ISSUES&nbs...
May 2016
Case Summary: R. v. Glenfield
Defence + Indemnity
Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission?   R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]   I. FACTS AND ISSUES   ...
May 2016
Case Summary: Sunner v. Rana
Defence + Indemnity
In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence.   Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]   I. FACTS AND ISSUES     This is a...
May 2016
Case Summary: McLean v. Parmar
Defence + Indemnity
TMJ, concussion, depression, PTSD, and chronic pain held not to be “minor injuries” within the meaning of the Minor Injury Regulation.   McLean v. Parmar, 2015 ABQB 62, per Eidsvik, J. [4177]    I. FACTS AND ISSUEST...
April 7, 2016
Field Law Launches Fourth Year of Field Law Community Fund Program
Regional law firm supporting local organizations and community causes with $75,000
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is excited to announce the launch of the 2016 Field Law Community Fund Program (‘Program’). The Program supports local pay-it-forward ideas and causes within the communit...
March 2016
Dependent Contractors Awarded 26 Months' Reasonable Notice
Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale.In the case of Keenan v. Canac Kitchens, 2015 ...
March 2016
Lessors of Vehicles Still Vulnerable Under Workers Compensation Act
Insurance Alert
Dempsey v. Bagley, 2016 ABQB 124 ­- Lessors of Vehicles Still Vulnerable Under Workers Compensation Act  There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were ...
February 2016
What Happens When a Franchise Agreement Ends - Part Three: Rescission
In our previous posts, we reviewed restrictive covenants and cancellation rights under franchise laws. In a recent decision of the Ontario Court of Appeal, the dispute focused on the right of rescission. As the court put it, the cas...
March 2016
Significant Consequences Mean Significant Procedural Rights: Alberta Court of Appeal Provides Guidance on Procedural Fairness in Incapacity Assessments
Professional Regulatory Alert
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the Alberta Veterinary Medical Association (“ABVMA”) failed to afford procedural fairness to a veterinarian undergoing an incapac...
March 2016
Four Reasons You Should File Now
Considering the changes that are planned for Canadian trademark laws, there are several benefits to Canadian business owners reviewing their brands and trademarks, and applying for protection now. 1) Lower Application and Registration Fe...
March 2016
Competing After Employment (Part Two)
The Medium
Last summer, Jawbone, a fitness tracking hardware and software maker, sued its arch-­rival Fitbit (CNET, 2015) alleging that Fitbit lured its employees away to obtain access to Jawbone’s confidential information and produc...
2016
Presenter, "Disclaimer of Take-or-Pay Contracts in Insolvencies, an Analysis of the American and Canadian Experiences", private client presentation
Presentations
February 2016
The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs
Professional Regulatory Alert
In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer inc...
February 2016
Case Summary: Felix v. Insurance Corporation of British Columbia
Defence + Indemnity
A passenger who grabs the steering wheel is involved in the “use” or “operation” of the vehicle such that the loss is covered by the auto policy.Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394, per Bennett...
February 2016
Case Summary: Bilg v. Unifund Assurance Company
Defence + Indemnity
“Dependent Relative” in an SEF 44 policy requires proof of financial dependence.       Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J.      I. FACTS AND ISSUES  &n...
February 2016
Case Summary: Thompson (Litigation guardian of) v. Saanich (District)
Defence + Indemnity
Every day and reasonably safe playground activities will not expose a Defendant school district to occupier’s liability.     Thompson (Litigation guardian of) v. Saanich (District), 2015 BCSC 1750, per Baird J. ...
February 2016
Case Summary: Urbanson v. Western Canadian Place
Defence + Indemnity
A sports liability waiver provides an effective defence in a fitness facility accident where appropriately brought to the attention of a sophisticated Plaintiff.  Urbanson v. Western Canadian Place, 2016 ABQB 32, per Maste...
February 2016
Case Summary: RVB Managements Ltd. v. Rocky Mountain House
Defence + Indemnity
Costs per Schedule C can be increased for inflation and subjected to a multiplier for complexity of the case.   RVB Managements Ltd. v. Rocky Mountain House, 2015 ABCA 304, per Paperny, Watson, Slatter JJ.A.   I. FACT...
February 2016
Case Summary: Portage LaPrairie Mutual Insurance Company v. Sabean
Defence + Indemnity
Future CPP benefits fall under the definition of “any policy of insurance” and are therefore deductible from amounts payable by SEF 44 insurers.  Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, p...
Feb 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity Newsletter
V. SURETY AND BOND ISSUES  The relationship between trust and lien claims under Provincial builders' lien legislation Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. &nbs...
February 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity
The relationship between trust and lien claims under Provincial builders' lien legislation. Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J.   I. FACTS AND ISSUES    ...
February 2016
Stories of Survival Workshop - Tuesday, March 8, 2016 in Edmonton
We would like to let everyone know about an upcoming workshop being held in Edmonton: Stories of Survival Workshop Date: Tuesday March 8, 2016 Time: 9:00 a.m. to 12:30 p.m. Place: Holiday Inn Express Downtown, Salon A Topic: Stories of Surviv...
February 2016
Why You Should Act Now to Protect Your Intellectual Property in Canada
Significant amendments to Canada’s Trademarks Act (the “Act”) have been passed, but are not yet in effect. The legislative changes are rumoured to come into effect sometime in early 2018, which – if filed soon may...
February 1, 2016
Congratulations to 2016 Queen’s Counsel Appointee Sandeep K. Dhir, QC
Field Law is proud to announce that Sandeep K. Dhir, has been recognized for his legal achievements by appointment as Queen’s Counsel.“This year’s Queen’s Counsel appointees have demonstrated their commitment to enhancing our province’s justice system....
January 2016
The House Proposes the Legalization of Euthanasia in Canada
2016 Alberta Law Conference Luncheon Debate
January 2016
Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory
Professional Regulatory Alert
In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (&ldqu...
January 2016
Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act
As of December 11, 2015, gender identity and gender expression are prohibited grounds of discrimination under the Alberta Human Rights Act. Under section 7 of the Act employers cannot refuse to employ or to continue to employ any person,...
December 2015
Professional Regulation and Ungovernability
Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability Earlier this year, the Alberta Court of Appeal upheld a decision by the...
December 2015
Case Summary: Liability of Regulators for Negligence
Salehi v. Association of Professional Engineers of Ontario, 2015 ONSC 7271 (CanLII) (Ont Sup Ct), claim of regulatory negligence during registration struck on basis of no private law duty of care.Mr. Salehi, a foreign educated engineer, sued ...
December 2015
Case Summary: Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd.
Defence + Indemnity
An employer cannot sue an employee common with a defendant employer where the employee is a common employee of both employers.    Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd., 2015 ABQB 518, per Master&n...
December 2015
Case Summary: Hoang v. Vincentini
Defence + Indemnity
Insurer conflict of interest: insurer: ­appointed counsel removed from the case, replaced by insured’s choice of counsel at insurer’s expense.  Hoang v. Vincentini, 2015 ONCA 780, per Laskin, J.A.  I. FACTS...
December 2015
Case Summary: Ledcor Construction Limited v. Northbridge Indemnity Insurance Company
Defence + Indemnity
Cost of replacing glass in order to remedy faulty workmanship excluded by exclusion clause.  Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2015 ABCA 121  I. FACTS AND ISSUES  Station Lands Lt...
December 2015
Case Summary: Ostrowercha v. Co­-Operators General Insurance Company
Defence + Indemnity Newsletter
Pedestrian struck by unidentified motorist not covered by her own SEF 44 Endorsement.    Ostrowercha v. Co-­Operators General Insurance Company, 2015 ABQB 636 [4150]   I. FACTS AND ISSUES   The Defendant...
December 2015
Small Changes Big Impacts
Recent changes to the Temporary Foreign Worker Program’s (TFWP) compliance regime have garnered widespread publicity and response. However, several additional amendments were made to the Immigration and Refugee Protection Regu...
December 2015
Alberta Immigrant Nominee Program Expected to Reopen January 27, 2016
The Alberta Immigrant Nominee Program (AINP) is an economic immigration program that involves the nomination of foreign nationals by the Province of Alberta for Permanent Residence in Canada. Provincial Nominee Programs exist in eve...
December 2015
Updated Caregiver Program
On November 30, 2014, a number of changes were made to the Live-­In Caregiver Program (LCP), offering further opportunities for caregivers to become permanent residents. These reforms aim to bring down the backlog and reduce processi...
November 2015
Case Summary: Saadati v. Moorhead
Defence + Indemnity
For psychological/psychiatric injury, the plaintiff must proffer evidence that the injury is a recognizable illness.   Saadati v. Moorhead, 2015 BCCA 393, per Frankel, J.   I. FACTS AND ISSUES   Appeal from an aw...
November 9, 2015
Field Law Announces Addition of Gordon Van Vliet to the Business Group
Field Law is pleased to welcome Gord Van Vliet as a Partner in the Business Group, effective November 2, 2015.Gord’s primary practice area is real estate law and he joins Field Law from a multinational law firm. He was called to the Alberta bar in 2000...
November 2, 2015
Field Law Welcomes Bill Hopkins as Chief Operating Officer
Field Law is pleased to announce that Bill Hopkins will be joining our administrative team as Chief Operating Officer, effective November 2, 2015.Bill joins Field Law with over 30 years of experience in law firm management and in other senior level fin...
November 2015
The IAP Completion Strategy
The Independent Assessment Process (IAP) for people with IRS abuse claims is coming to an end. The vast majority (approximately 87%) of people with abuse claims have now had those claims resolved through the IAP. Field Law now expects to have all its...
October 2015
Police and Adjuster Statements – Admissible or Not?
Insurance Alert
The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance adjuste...
October 2015
Case Summary: Expired Appeals
Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned for sign...
October 2015
Case Summary: Standard of Review in Discipline Matter
Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee.A paramedic was disciplined by a Discipline Committee of the Saskatchew...
October 2015
Requirement on Regulator to Follow Policies
Tsimidis v. Certified General Accountants of Ontario, 2014 ONSC 4236, concluded that the Certified General Accountants of Ontario (“CGA Ontario”) acted unfairly when withdrawing an applicant from a program of professiona...
October 2015
Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500
Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a reminder t...
October 2015
Occupational Health & Safety
CPHR Alberta
October 7, 2015
Mike Casey Awarded the 2015 Johnson Award
Field Law would like to congratulate Mike Casey on his 2015 Johnson Award from Queen's University.Mike received this honour for his distinguished career in Law, his lifelong contributions to both the Queen’s and Calgary communities, including the Calga...
September 2015
October 2015 Brings Key Upcoming Employer Obligations:
Minimum Wage Increases and Federal Election Responsibilities
The month of October 2015 brings two key milestones that all Alberta employers should be aware of. First, on October 1, 2015, the minimum wage in Alberta will increase. Second, on October 19, 2015, the federal election will take pla...
September.October 2015
LESA Seminar on Estate Accounting
Seminars
September 2015
Forum Selection in Online Terms
IP Blog
August 2015
No Copyright or Trademark Protection for Metatags
IP Blog
September 2015
Determining Reasonable Notice: Is Character of Employment a Less Important Factor?
As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer. There a...
August 24, 2015
Field Law Recognized by Chambers Canada, Best Lawyers and Lexpert Rankings
Regional firm earns inclusion in Chambers Canada directory
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce their recent inclusion in the following national rankings: Chambers Canada, Best Lawyers in Canada© and The Canadian Legal Lexpert™ Directory.For...
July 31, 2015
Field Law Community Fund Program Awards $40,000 to Northern Alberta Winners
Regional law firm donates funds to local Northern Alberta community initiatives for third year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by donating $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
When is an Employee’s Disability a Factor in his Dismissal?
On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer terminat...
July 23, 2015
Field Law Community Fund Program Awards $20,000 to 2015 Winners
Regional law firm donates funds to local Northwest Territories community initiatives for third year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by granting $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
FIELD LAW IS STILL ACCEPTING CLAIMS
If you submitted an IAP claim on your own before the September 19, 2012 deadline, and are now looking for a lawyer to handle your IAP claim, please contact us today. We continue to accept new clients and are working hard to represent all claimants who ...
July 2015
One Number to Rule Them All: The New Common Business Number Act
On April 30, 2015, Bill 12: the Common Business Number Act (the “Act”) came into force in Alberta. The Act created the authority for Alberta to adopt the Canada Revenue Agency’s (“CRA”) Business Number ...
July 2015
Thou Shalt Not Deceive: The New Commandment for Canadian Business
In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be perform...
July 2015
Question Everything… Except the Witness
Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175
On a frigid January night, Mr. Crawford was along for the ride when one of his companions - fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun - decided to steal a vehicle. Mr. Crawford was convi...
July 2015
Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"
In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-­changing decision when they unanimously found that without ­cause dismissals of nonunionized empl...
July 6, 2015
Field Law Community Fund Program Awards $40,000 to Southern Alberta Winners
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by granting $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
Porter Airlines Pays $150,000 for Alleged Violations of Canada's AntiSpam Legislation (CASL)
On June 29, 2015, Porter Airlines became the third Canadian company to pay a significant financial penalty under CASL, since the legislation came into force in July 2014. Earlier speculation over whether CASL would have any teeth sh...
June 2015
Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings
Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits? That i...
May 27, 2015
Field Law Community Fund Program Seeks Community Input to Select Program Finalists
Regional law firm opens voting phase to public with $100,000 available for distribution in celebration of firm's 100th year anniversary
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, requests the community’s input in helping determine what community causes or ideas should be awarded funds through the Field Law Community Fund Program (the Program). The...
May 2015
Alberta Legislation Curtailing the Right to Strike is Struck Down
In the wake of the Supreme Court of Canada’s decision that established a constitutionally protected right to strike, the Alberta Court of Queen’s Bench has struck down legislation that prevents certain classes of Alberta work...
May 2015
Alberta Courts Enforce Fair Access to the Professions: Farhat v. College of Physicians and Surgeons of Alberta
Professional Regulatory Alert
In Farhat v. College of Physicians and Surgeons of Alberta, 2014 ABQB 731, the Court of Queen’s Bench highlighted the importance of careful documentation to justify registration decisions and procedural fairness in the registr...
April 2015
"Full and final settlement of any and all claims" – not so, says the Alberta Human Rights Tribunal
The Alberta Human Rights Tribunal (“Tribunal”) released a decision this month that considered whether the terms of a Release Agreement constituted a valid and enforceable settlement of an employee’s allegations of human...
April 2015
Texas Justice Provides an Evidence Solution
The Medium
Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in­-hand? This article discusses a pro...
April 2015
Competing After Employment (Part One)
The Medium
A key employee departs. The employer, worried that confidential information has leaked out of the company, scrambles to respond. After a frenzied period of preparation, the employer starts a lawsuit and seeks an injunction against t...
April 2015
Drilling Down: Oil Prices and Innovation
The Medium
Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). A...
April 8, 2015
Field Law Launches Third Year of Community Fund Program with Additional Funding in Celebration of 100th Anniversary
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is excited to announce the launch of the 2015 Field Law Community Fund Program. The Program supports local pay-it-forward ideas and causes within the communities Field La...
April 2015
Commissioners of Oaths in Alberta Have New Rules
~ a slightly modified Slaw.ca post~Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and com...
April 2015
Changes to Court Fees in Alberta
Insurance Alert
The Budget delivered by the Alberta Government on March 26, 2015 announced an increase in court filing fees. The new fee schedule will be in effect commencing May 1, 2015. Some of the fee schedules coming from the Court of Queen’s Benc...
March 2015
One Thousand Completed Claims!
The Field Law IRS Team celebrates its’ 1000th closed file with a segway tour in Edmonton’s river valley.
March 2015
What Happens When a Franchise Agreement Ends - Part Two: Cancellation
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of a...
March 2015
Are Restrictive Covenants in Sale Agreements Enforceable?
The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45). In th...
March 2015
Minor Settlements - Beware of the Pitfalls
Insurance Alert
Claims involving minors require special consideration. In order to settle a claim without fear of the minor setting aside the settlement once he or she turns 18, a Court Order approving the settlement is required.  Several steps ar...
March 2015
"Employed" in Name Only - An Employer’s Duty to Provide Work
Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of  Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The P...
March 2015
Recent Developments in the Canadian Law of Contract
February 2015
Case Summary: Katsoulakos v. Association of Professional Engineers of Ontario
Katsoulakos v. Association of Professional Engineers of Ontario, 2014 ONSC 5440, setting aside a decision of a Discipline Committee and ordering a new hearing. An engineer found guilty of professional misconduct appealed the finding...
February 2016
Case Summary: Ho v. Alberta Association of Architects
Perspectives for the Professions
Ho v. Alberta Association of Architects, 2015 ABCA 68, dismissing an appeal from a decision upholding findings of discipline.An architect was found guilty of professional misconduct. His appeal to the Council for the Alberta Associa...
February 2015
Case Summary: Levesque v. Nova Scotia College of Optometrists
Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22, dismissing judicial review and upholding decision to refer complaint to Hearing Committee. An optometrist challenged his College’s decision to refer a complaint to...
February 2015
Good Character and Reputation - The Registrar Knows Best!
Lum v. Alberta Dental Association and College (Review Panel), 2015 ABQB 12 is the first case in Alberta to determine the legal standard of review that applies to registration reviews by a Council. The Court held that the reasonablen...
February 2015
Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of Rig...
February 2015
Case Summary: Rollins (Litigation Guardian Of) v. English Language Separate District School Board No. 39
January 2015
Court of Appeal of Alberta Upholds Employers Anton Piller Order
Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an invest...
January 19, 2015
Anthony Burden Joins Field Law as Insurance and General Litigation Associate
Field Law is pleased to welcome Anthony Burden as an associate in the Insurance and General Litigation Groups effective January 19, 2015.Anthony accumulated a broad range of legal experience throughout his apprenticeship at a mid-size Edmonton firm. Fo...
January 2015
Take Five - Alberta Edition, Counsel Comments
January 1, 2015
Malkit Atwal Strengthens Wills, Trusts, and Estates Groups
Effective July 21, 2014, Field Law was pleased to announce the addition of lawyer Malkit Atwal to the Wills, Trusts and Estates; Estate Litigation and Dispute Resolution; and Transaction and Corporate groups.Primarily practicing in the areas of estate ...
December 2014
Commercial Contracts Include an Implied Duty of Good Faith
Workwise
There has long been an implied duty that an employer must act in good faith when terminating employment contracts. Until now, such a duty was not necessarily implied in other commercial contracts. However, all companies should be aw...
December 2014
Getting Feedback
Between blogging at Slaw.ca, posting legal research tips at Slawtips.ca, and taking courses towards Lean Six Sigma certification, this poor blog has not had much attention in 2014.  Christmas is the traditional time for guilt trips. Rather than focusin...
December 2014
PIPA Update
As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) ...
December 2014
The Use of Internal Experts in Canadian Litigation
November 2014
Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees
Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his claims d...
November 2014
Promissory Notes: Who are you Promising to Pay?
Promissory notes are often issued in the course of business arrangements and financial transactions to record indebtedness and financial obligations. People who use these instruments, however, should be aware of the specialized natu...
November 2014
Heartbleed Virus Causes Heartburn
Information Security Implications
News reports regarding the so-­called Heartbleed computer virus sparked concerns regarding cyber security and digitally­ stored personal information. The Canada Revenue Agency announced that the virus caused a security breac...
November 2014
B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853
Professional Regulatory Alert
The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s&n...
November 2014
Intellectual Asset Management Best Practices – Part 2
The Medium
In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-­how and intellectual capital within your organizatio...
November 2014
Computer and Software Related Innovation - Is There A Rationale For Filing Software Patent Applications in Canada?
The Medium
Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and maintaining an edge i...
November 2014
Canada's New Trademark Law and What it Means for Business
The Medium
Through sweeping legislation smuggled in by means of an omnibus budget bill, Canada’s trademark registration regime will be changed more dramatically than at any time in the last 50 years. The changes are giving trademark agen...
November 2014
Teacher and School Civil Liability For Sexual Abuse of a Student
November 2014
Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked
Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights Tribunal (the “Tribunal...
November 2014
Terminating Fixed-Term Contracts on Your Terms
The Court of Appeal of Alberta recently upheld a finding of constructive dismissal of an employee, who although paid to the end of his one year fixed-term contract, was not allowed to work during the final month of the contract.In Thompson v Carde...
November 2014
Cross-Border Evidentiary Considerations When Confronting Loss or Destruction of Evidence in Canada
October 2014
Common Experience Payment - Personal Education Credit Deadline - October 31, 2014
If you have received the Common Experience Payment (CEP) for living at an Indian Residential School, you are eligible to receive a one-time personal credit towards educational services, in the amount of up to $3,000.00. The credit is provided by the G...
September 4, 2014
Field Law Receives Fourth Place Ranking in Canadian Lawyer Top Western & Northern Firms Survey
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce they have received a fourth place ranking in the annual Canadian Lawyer Top Western and Northern Firms Survey. This ranking reflects a significant ...
August 2014
Clarifying the Legal Test for "Family Status" Discrimination
Federal Court of Appeal Rules Employers Discriminated by Failing to Accommodate Employees’ Childcare Needs
Two recent decisions from the Federal Court of Appeal are the latest word in the ongoing debate over workplace discrimination on the basis of “family status”. These decisions are important to employers, as they signal a continued movem...
August 2014
Manitoba Decision Protects IAP Claimants
On June 4 , 2014, a new Decision was released  by Justice Schulman of the Manitoba Court of Appeal, which protects IAP claimants from having to pay most fees charged by IAP Application form fillers.The decision rules on fee agreements made by IAP ...
August 2014
Wal-Mart Could Not Thaw the "Statutory Freeze" by Closing its Store
Where a retail store is performing very well, with objectives being met to such an extent that bonuses are being promised to employees, would a reasonable employer close that store? The Supreme Court of Canada determined in the U.F.C.W., Local 503...
July 2014
Provincial Court Expected to Increase Financial Limits
The Minister of Justice and Solicitor General has recommended a change in the Provincial Court financial maximum from the current limit of $25,000 to $50,000 effective on August 1, 2014. The Provincial Court Civil Division Regulation (AR 329/89) h...
July 2014
Double-Decker Damages
Employer Liability for Aggravated Damages Arising from Workplace Harassment
When it comes to terminating an employment relationship, the amount of pay in lieu of notice is something an employer can exercise a degree of control over through a written employment contract. What is often forgotten is the potential for enormou...
July 3, 2014
Field Law Announces Award Winners of 2014 Community Fund Program
Regional law firm donates $30,000 to local Southern Alberta community initiatives for second year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce three winners of the 2014 Field Law Community Fund Program. The Program, which was created to support local community initiatives, had 84 applicant...
June 23, 2014
Field Law Continues to Expand Business Law Group
Business Lawyer, Katherine Rubin, Makes Move to a Western and Northern Regional Law Firm
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the addition of Katherine Rubin as an associate in the Business Law Group, effective June 23, 2014.Prior to joining Field Law, Katherine practiced ...
June 2014
Alberta Queen's Printer Stakeholder Survey
Josette McEachern and I were among a group who participated in a stakeholder session this week about the Alberta Queen's Printer products and services.  To assist with results based budgeting, the QP is looking for feedback about how they deli...
June 6, 2014
Field Law Announces Award Winners of 2014 Community Fund Program for Northern Alberta
Regional law firm donates $30,000 to local community initiatives for second year.
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce four winners of the 2014 Field Law Community Fund Program. The Program, which was created to support local community initiatives, had 84 applicants...
May 30, 2014
Field Law Announces Award Winners of 2014 Community Fund Program for Northwest Territories
Regional law firm donates $15,000 to local Northwest Territories community initiatives for second year.
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce four winners of the 2014 Field Law Community Fund Program. The Program, which was created to support local community initiatives, had 84 applicants...
May 2014
Intellectual Asset Management Best Practices - Part 1
The Medium
Does your organization have “intellectual assets”? Regardless of what your organization does – whether it is a service ­based business, or in the manufacturing sector, whether it is driven by cloud-­based software or bric...
May 2014
Whose Invention Is It Anyway? Some Thoughts on Patent Inventorship and Ownership
Patents provide a number of commercial benefits to patent owners including exclusivity in the market, bargaining power and the potential for licensing income. Needless to say, ensuring that you are the rightful owner of the patent is essential. An...
May 2014
Mommas, Don’t Let Your Babies Grow Up To Be CDAs
The Problem With Trade Marking Professional Designations and Their Acronyms
We all regularly rely on knowing another person’s qualifications by the letters after their name: C.A., P. Eng., R.N., M.D., etc. But these well­-known acronyms belong to regulated professions – where government legislation control...
May 2014
Illustrator Wins Copyright Infringement Case at the Supreme Court
The Cinar v. Robinson decision of the Supreme Court of Canada in late 2013 is of interest to Canada’s creative community, and copyright owners generally including owners of industrial copyright.   The case makes it clear that ...
May 2014
Forget Me, Google
 Richard was interviewed by CBA National magazine on the subject of a recent EU privacy decision.
May 2014
Don’t Let this Happen to You
Recent Developments in Occupational Health &Safety Law
Recent legislative changes and case law give employers good reason to pay closer attention to occupational health and safety legislation and its application to their workplaces. Individuals and organizations in Canada can be charged under either ...
May 8, 2014
Field Law Celebrates Award Winning Counsel
Distinguished Edmonton lawyer recognized for TEC Edmonton & VenturePrize efforts
Field Law is pleased to congratulate former Firm Managing Partner and now Counsel, Robert Teskey, QC, on his recently achieved award recognizing his support of both TEC Edmonton, and the TEC VenturePrize program. As a thought leader in the Edmonton bus...
May 2014
TRC: March 27 - 30, 2014 held in Edmonton
The Alberta National Truth and Reconciliation Commission Event was held from March 27 to 30, 2014 at the Shaw Conference Centre in Edmonton.  Several members of the Field Law IRS Group attended the event, which is centered on the task of uncoverin...
May 5, 2014
Field Law Welcomes Summer and Articling Students
The Field Law Calgary and Edmonton offices are pleased to announce the following Summer Students: Elizabeth Margaret Nixon, Jessica Mary Babineau, Mark Benjamin Mielke, Paul William Kolida, Robert Joseph Watson, and Taylor Anna-Katryna Woolsey. We also...
May 2014
Ready, Set, Charge!
Professional discipline allegations are more art than science. Regulatory statutes usually provide little or no guidance for writing them. But whether you call them allegations, charges, citations, complaints or something else, observing a few sim...
April 2014
Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable
In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable.The Board’s decision is t...
April 2014
Environmental Law Centre blog
One of the areas I don't often have an opportunity to research is environmental law.  Infrequent review of a subject area is one of the things that can make for inefficient research, especially in a regulatory rich subject like environmental law.  To c...
March 2014
Reasonable Notice and the Older Worker
There was once an expectation that workers would retire by age 65. That expectation is changing. For a variety of reasons, many workers now want or expect to work later in life. As it can no longer be assumed that employees will retire at a certai...
March 2014
The end of Canada Gazette in print
Well, that is it. Statutory Instrument 2014-19 registered March 12, 2014 titled Canada Gazette Publication Order, 2014 has been published. Three short lines that spell the end of a very long era.   1. The Canada Gazette is to continue to be publi...
March 6, 2014
Field Law Kicks Off Second Annual Community Fund Program
Regional law firm accepting new applications for program designed to grant funds to local community causes
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, has announced the commencement of the 2014 Field Law Community Fund Program. Now in its second year of activity, the Program supports local initiatives and causes within ...
March 5, 2014
Before You Hit "Send": Preparing Your Organization for CASL Compliance
Are you compliant with Canada's Anti-Spam Law (CASL)?
The Act, which comes into effect on July 1, 2014, will impact all businesses, organizations, and individuals that send commercial electronic messages. With significant fines, imminent class action suits, and active legal enforcement, education is key w...
February 2014
Significant Alberta Court of Appeal Decision for Automobile Insurers
On February 26 the Alberta Court of Appeal released its decision in Hammond v DeWolfe, 2014 ABCA 81, a decision of some significance for automobile insurance underwriters in Alberta. In brief the Court of Appeal concluded the Insurance Act restric...
February 2014
Injunction Granted: Public Service Salary Restraint Act "Guts the Bargaining Process"
Although other governments in Canada have imposed wage capping legislation, the Public Service Salary Restraint Act, SA 2013, c. P43 (the “PSSRA”) is unique given its “very broad and very focused effect” on one group, the C...
February 2014
Headhunter Discriminates in Hiring
Employer Found Liable
SynopsisReiss v. CCH Canadian Limited, 2013 HRTO 764 is the latest case out of the Ontario Human Rights Tribunal dealing with age discrimination in hiring. Reiss is important in general because the tribunal found an employer liable for the discrim...
February 2014
Important Changes to the Foreign Worker Program
Employers seeking to employ foreign workers must often obtain a positive labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) before a foreign worker will receive a work permit. If you are an employer relying on t...
February 2014
Franchise Law Series: Part One
A “Pet Valu” franchisee in Ontario claimed that sales were declining, so the owner tried to escape her franchise agreement. After termination of the agreement, her husband established a competing “Pet Stuff” business nearby...
February 2014
New Weapons to Combat Counterfeit Products
Brand owners face the ever growing problem of counterfeit products imported into and sold in Canada. Compared to the “real thing”, counterfeit products are often inferior in quality and may even pose a potential health or safety hazard...
February 2014
Supreme Court on Copyright Infringement and Protection of Ideas
Let’s say you pitch a story idea to a TV production company ­- and not just an idea, but a complete set of storyboards, characters and scripts. You would be surprised if one day you saw that story idea come to life in a TV production tha...
February 2014
The Legal Perils of 3D Printing
3D printing refers to the techniques also known as “additive manufacturing”. This process uses a digital model to create a three-dimensional object by adding successive layers of materials in the shape of the object.3D printing machine...
February 2014
Lee (Litigation Guardian of) v. Toronto District School Board
January 2014
"You Compete Me" - Will the Courts Love Your Company’s Restrictive Covenants for Employees as Much as You Do?
An area of law where both employers and employees often struggle to find clarity is the area of restrictive covenants, specifically non-competition and non­-solicitation clauses for employees. Part of the reason for frequent confusion is that this ...
January 2014
Paving The Way Forward: Automobile Claims and Diminished Value
The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several legal issues bei...
January 2014
Library art
Happy New Year.  A few quotes and images about libraries to start the year off right. Hat Tip to Connie Crosby (@conniecrosby).
2014
A Look Back at Book V of the Report of the Royal Commission on Bilingualism and Biculturalism
What progress has been made in the provision of provincial and municipal services in the federal capital?In R. Clément and P. Foucher, eds., Fifty years of official bilingualism: Challenges, analyses and testimonies (Ottawa: Invenire, 2014) at 8...
December 31, 2013
Congratulations Frank Molnar, MIR, QC and Sandra Corbett, QC
Field Law is proud to announce that our own Frank Molnar has been singled out for his achievements by appointment as Queen’s Counsel. “The Queen’s Counsel designation recognizes the exceptional capabilities and talents of this ye...
December 2013
Supreme Court of Canada Upholds Union’s Right to Freedom of Expression
As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s Personal Information...
November 2013
To Adjourn or Not to Adjourn, That is the Question
Perspectives for the Professions
Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be frustrating to then rece...
November 2013
Statutes Amendment Act, 2013 (No. 2) Alberta
Bill 38: Statutes Amendment Act, 2013 (No.2) has passed 3rd reading in the Alberta Legislature. Statutes Amendment Acts, which used to be called Miscellaneous Statutes Amendment Acts, modify a number of Acts and are usually created to take care of hous...
November 2013
What's The Risk of Not Foreseeing Safety?
November 20, 2013
Field Law Welcomes Antony (Tony) Edwards as IP Partner
B.C. lawyer brings diverse experience to Field’s growing intellectual property department
Field Law is pleased to announce Antony (Tony) Edwards joined the partnership, effective Nov. 1, 2013. Tony joins Field Law with more than 23 years of experience in intellectual property law, and has provided successful guidance through the intellectua...
November 2013
Supreme Court of Canada Declares Alberta’s Personal Information Protection Act Unconstitutional
The Supreme Court of Canada (SCC) has declared the Alberta Personal Information Protection and Privacy Act (PIPA) unconstitutional in its entirety in the UFCW case 2013 SCC 62. This will have far-­reaching effects for organizations subject to ...
November 2013
Citation of Authorities to ABQB
The Alberta Court of Queen's Bench has officially adopted the Canadian Guide to Uniform Legal Citation 7th edition. See the Notice to the Profession from November 12, 2013. I am happy to have clarification from the Court about citations, but kind of su...
November 2013
Getting Your Application Through the USPTO - Expedited Examination Options
The Medium
You’ve developed your new technology, taken care to keep it confidential and are planning to file for patent protection at the US Patent and Trademark Office (USPTO). Everything looks good. Until your patent agent tells you it may be 3 or mo...
November 2013
Tips and Trends in Online Contracting
The Medium
Wondering if your online contract will hold up? Here’s the good news: online contracts are enforceable in Canada. For a number of years the courts have shown that they will uphold online agreements in the same way as written paper agreements...
November 2013
Patenting, Publishing and Trade Secrets: Strategies for Inventors
A company independently develops an innovation and they discover later that it has been patented by a competitor. The competitor did not steal or reverse ­engineer that innovation – they simply arrived at it independently, and got to the...
November 2013
A Lovely Review of Employment Contract Principles
Workwise
In Lovely v. Prestige Travel Ltd., 2013 ABQB 467, the Alberta Court of Queen’s Bench ordered an employer to pay an executive level employee one year’s base salary, after it terminated his employment one year into a two­ year, fixed...
November 4, 2013
Charlene Lipchen Joins Field Law
Field Law is pleased to announce that Charlene Lipchen has joined the Calgary office of Field Law as an Associate effective November 4, 2013.Charlene has a diverse litigation practice focused on intellectual property disputes and defending product liab...
October 2013
TRC National Event September 18 - 21 in Vancouver
The 6th National Truth and Reconciliation Event was held from Wednesday September 18 to Saturday September 21, 2013 at the Pacific National Exhibition in Vancouver, BC. The event was attended by paralegal Joe Lema,  paralegal Amanda Gould, and law...
October 2013
Guarantees in Alberta
A guarantee is a deed or written agreement in which a person enters into an obligation to answer for a default or omission of another person. Creditors commonly require guarantees from third parties before loaning money to debtors.In all guarantee...
October 2013
Going into Business? Give Careful Thought to Selecting and Protecting Your Business Name
You should choose your business name with care, because the name of the corporation or the name under which a service or product will be sold has the potential to be a valuable asset of your business. Unless you take steps at the outset to select ...
October 2013
Keeping Secrets: Trade Secrets and Confidentiality Agreements
If you are a business owner or an entrepreneur, you have probably encountered non­-disclosure agreements or agreements with a similar title: confidentiality agreements, CAs, NDAs or confidential disclosure agreements. These agreements are comm...
September 26, 2013
Announcing the 2013 Field Law Community Fund Program Award Winners!
We're pleased to officially announce the Award winners* of the Field Law Community Fund Program for 2013. These outstanding individuals and groups have demonstrated an understanding of the areas of need within each of their communities and, with the fu...
September 2013
A lament about moving targets - New Release RSS feed
Digital information is fantastic.  It makes research tasks more flexible when you have options for the format or forum that information is available from .  One thing that hinders me, and others I am sure, is the potential for born digital in...
August 2013
Employee Relief Causes Employer Grief
Workwise
Recently, two employers who provided notice of termination, and at the same time relieved employees of their duties, were held instead to have at that time terminated those employees, which lead to financial consequences for both employers. In Alb...
August 15, 2013
Field Law Lawyers Named To Best Lawyers In Canada For 2014
Regional law firm earns highest ranking of prestigious award to date
Field Law is pleased to announce that 19 of our lawyers were recently selected by their peers for inclusion in The Best Lawyers in Canada© 2014. They earned a total of 28 rankings in 18 distinct areas. Best Lawyers, a respected peer review publication ...
August 2013
Date sorting and the Alberta Courts Judgment database - UPDATE
I wrote about problems with the Alberta Courts Judgment Database in a July 25 post. The webmaster was responsive to the problem and had contact with myself and others at the firm letting use know that they were working on the problems. Today, I got som...
July 2013
Alberta Court Wipes Out Privilege Over Insured Statements To Adjuster
Insurance
On 24 July 2013 the Alberta Provincial Court issued a decision in Security National v. EPS, 2013 ABPC which held that an insured’s statement to his adjuster had to be turned over to police investigating the accident. Porter’s vehi...
July 2013
If The Whistle Sounds, Is a Penalty Coming? - Alberta's New Whistleblower Legislation
Workwise
On June 1, 2013, Alberta’s first ever Whistleblower legislation came into effect. The Public Interest Disclosure (Whistleblower Protection) Act is intended to protect employees in the public sector who act as whistleblowers – employees...
July 2013
Advanced Payments by Automobile Insurers
Automobile liability insurers in Alberta have long been permitted to offer advanced payments to injured claimants in part settlement of claims without admitting that the insurer or its insured has any liability. This bulletin looks at two issues s...
July 16, 2013
Field Law Partner Elected Secretary of the Canadian Bar Association Alberta
Regional law firm congratulates for respected honour
Field Law, a regional law firm with offices in Calgary and Edmonton as well as Yellowknife, Northwest Territories, is proud to announce that Jeremiah Kowalchuk, Partner in the Edmonton office, has been elected to serve as the Secretary of the Canadian...
June 26, 2013
Calgary's Lougheed Building Reopens June 27th
Field Law Calgary-based lawyers and staff will be back in the reenergized Lougheed Building bright and early June 27th.We continue to extend our heartfelt sympathy to Albertans across the province affected by the floods and want to give a big shout-out...
June 2013
No One Needs to Know: The Pierringer Agreement Settlement Amount Need Not Be Disclosed
In the recent Supreme Court of Canada decision of Sable Offshore Energy Inc. v. Ameron International, 2013 SCC 37, Sable Offshore Energy sued multiple suppliers and contractors who supplied paint and completed surface preparations that w...
June 24, 2013
Calgary Office Flood Update
Due to the Calgary flooding and downtown power outages, Field Law’s Calgary office is currently closed. Field Law extends our heartfelt sympathy to Albertans across the province affected by the floods.Please note that business continuity plans are in p...
June 2013
Renewal Options in a Lease: Tips and Traps for Landlords and Tenants
Whether you are a landlord or a tenant, one of the crucial terms to consider when negotiating a lease is the renewal clause. The renewal clause grants the tenant an option, or several consecutive options, to renew the lease for a set term or sever...
June 2013
Alter Ego and Joint Partner Trusts: Estate Planning Beyond a Will
For many, estate planning begins and ends with the preparation and execution of a legally valid Will. Certainly, a valid Will, together with an Enduring Power of Attorney and a Personal Directive, allows an individual to dispose of their property ...
June 2013
Access to Information Laws: Three Reasons Why All Canadian Organizations Should Pay Attention
If your business or other organization is not subject to federal or provincial access to information legislation, you may not have thought much about how this legislation relates to your operations.However, there are three very good reasons why yo...
June 2013
Supreme Court Speaks On Random Alcohol Testing
Workwise
The Supreme Court of Canada has released its decision in a much­ anticipated case about random alcohol testing in the workplace. In a split decision, a majority of the Court decided that a policy requiring employees in a New Brunswick pulp and...
June 2013
Software Licenses and Indemnities: What Obligations Are You Taking On?
The Medium
License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will make the injured p...
June 2013
Norwich Orders: You Can't Be Anonymous on the Internet After All
The Medium
It’s hard to start a lawsuit when you don’t know who you’re suing. What can potential claimants do when they have been wronged but lack the essential information necessary to start a lawsuit? The answer to this question came in ...
June 2013
Insane in the Do-main: The New gTLDs and the Trademark Clearinghouse
The Medium
ICANN (the entity that essentially controls the worldwide domain name system) is in the final stages of processing approximately 1,900 applications for new gTLDs (generic Top Level Domains – like ".com") many of which are expe...
May 28, 2013
Field Law Launches Community Fund Program
The recently launched Field Law Community Fund Program provides an additional $75,000 annually to local projects and/or organizations. Through a combination of community online voting and deliberation by local judging panels, finalists will be announce...
May 2013
A Catch to a Release
Workwise
A signed release provides peace of mind that all disputes are resolved and there will be no further claims, complaints, or legal action. Or does it? Two recent Ontario cases remind us that a signature alone is not a guarantee of an enforceable rel...
May 2013
Is There Life After Death for Your Digital Assets
Digital assets. It is a phrase that is currently trending among legal commentators and Canadians alike. Some argue that it is a critical topic for any estate plan. Others feel it has no place in an estate planning meeting. So, what is the answer?T...
May 2013
"Not In Kansas Any More": Enforcing American Letters of Request in Canada
April 30, 2013
Field Law is hosting "COSIA Technology Licensing: A View From the Inside".
Field Law is hosting "COSIA Technology Licensing: A View From the Inside". A luncheon meeting for the Calgary Chapter of the Licensing Executives Society on Thursday, May 16th. Canada’s Oil Sands Innovation Alliance (COSIA) is an alliance of oil sands ...
April 24, 2013
Shohini Bagchee quoted in Edmonton Journal
Shohini Bagchee (Patent Agent) was quoted in the Edmonton Journal on why a business plan is important at TEC VenturePrize Awards. Field Law was a Platinum Sponsor at TEC VenturePrize.
April 2013
Saskatchewan Trial Court Awards Record Punitive Damages for Insurer Bad Faith
A Justice of the Saskatchewan Court of Queen’s Bench has assessed punitive damages totalling $4,500,000 against two insurers in a recent trial decision, Branco v. American Home Assurance et. al., 2013 SKQB 98. In rendering a decision in whic...
March 2013
What's the Use? Give Your Trade-Mark's Life Some Meaning
The most important, and most often overlooked, aspect of giving validity and value to your company’s trade­-marks is how they are “used.” Unlike copyright works or patented inventions, that remain protected even if never expo...
March 2013
Is There Life After Death for Your Digital Assets?
Digital assets. It is a phrase that is currently trending among legal commentators and Canadians alike. Some argue that it is a critical topic for any estate plan. Others feel it has no place in an estate planning meeting. So, what is the answer?T...
March 2013
Business Owners: What Happens to Your Closely-Held Shares on Divorce?
As an owner of a closely-­held private business you likely hold voting shares in your corporation. These shares allow you to exercise some control over the corporation by giving you the right to vote for corporate directors and control other i...
March 2013
Legislative Update: A Primer on the Recent Changes to Alberta's Occupational Health and Safety Act
Workwise
The Protections and Compliance Statute Amendment Act, which received royal assent in December, 2012 has resulted in a number of changes to Alberta’s Occupational Health and Safety Act. This article highlights two key developments that stem f...
March 7, 2013
Field Law's future articling students, Leah McDaniel and Pablo Retamozo win top prize in Laskin Moot.
Field Law's future articling students, Leah McDaniel and Pablo Retamozo won the 2013 top school prize in the Laskin Memorial Moot Competition. The prize is awarded to the school that has won all of its competition rounds and has performed consistently ...
March 2013
Protection By Design: Industrial Design Law In Canada
The Medium
Bodum – a maker of popular coffee­-press and glass products – wanted to protect their design for a double-­walled drinking glass in a competitive marketplace. Apple wanted to protect the design of their popular handsets like th...
March 2013
Trademark Rights: Across the Border and On the Web
The Medium
Here are three concepts that are not new: trade­marks, borders and the internet. But the courts are still trying to work out how to handle the three when they collide, as they did in the case of HomeAway.com, Inc. v. Hrdlicka. In this interest...
March 2013
Utility Models, Petty Patents & Innovation Patents: Efficient IP Protection for SMEs
The Medium
For small to medium sized enterprises (SMEs), patent protection can be complex and costly. And yet, for many of them, patent protection is a must to maintain their competitive edge. A fast and cheap option for protecting mechanical inventions, pro...
March 2013
The Heart of The Patent Bargain: Viagra Patent Invalidated In Canada
The Medium
In a recent unanimous decision by the Supreme Court of Canada (Teva Canada Limited v Pfizer Canada Inc.), Pfizer Canada’s patent to its multi­million dollar selling Viagra was invalidated for insufficient disclosure. The decision allows ...
January 2013
Ontario Privacy Commissioner Rules that the Freedom of Information and Protection of Privacy Act Does Not Apply to Professors' Research Expense Reports
Do the access and disclosure provisions contained in Ontario’s Freedom of Information and Protection of Privacy Act apply to a Professor’s research expense reports? Ontario’s Privacy Commissioner recently answered this question w...
January 2013
Anti-Spam Legislation: Coming Soon to a Campus Near You?
On December 10, 2010, Parliament passed Bill C­28, Canada’s anti­-spam legislation (with an impossibly long name1 shortened here to the “Act”). Although the Act is not yet in force, it is expected that it will be proclaim...
February 2013
Update on Family Status Accommodation: Federal Court Finds that Childcare Not a "Choice"
The Federal Court of Canada has upheld a decision of the Canadian Human Rights Tribunal which found that employers have a duty to accommodate an employee’s childcare obligations in certain circumstances on the basis of “family status,&...
February 2013
The "Teacher's Defence": Section 43 in the Modern World (Part 2)
February 2013
A Win for Employers: Greater Obligations on Some Departing Employees
Workwise
SYNOPSIS   Evans v The Sports Corporation, 2013 ABCA 14 is the latest case from the Alberta Court of Appeal dealing with the obligations of departing employees to their former employers. Evans is important because it provides more g...
January 2013
Outsourcing by Canadian Companies
Another Look at the USA Patriot Act
“There may be no greater area of confusion and misunderstanding than fear of the PATRIOT Act” ­- Ontario Information and Privacy Commissioner   Cloud computing and data outsourcing has been embraced by many ...
January 2013
The Many Benefits of a Good Termination Clause
Workwise
A recent Ontario Court of Appeal decision means that a properly drafted employment contract can protect employers and their employees from personal liability when carrying out a termination.In Richards v. Media Experts M.H.S. Inc., Lauren Richards...
January 2012
A Potpourri of Access Orders: Practical Guidance in Responding to Access Requests
The Alberta Office of the Information and Privacy Commissioner has recently released several Orders relating to access to personal information pursuant to the Personal Information and Privacy Act (“PIPA”).Access to information is not o...
January 2013
The "Teacher's Defence": Section 43 in the Modern World
January 2013
Recent Developments in Construction, Labour Relations, and Occupational Health & Safety in Alberta, Canada
Lexpert
2013
Speaker, "Crude by Rail: Current Considerations", International Energy Credit Association Spring Conference, Banff
Conferences
December 2012
Alberta Court of Appeal Maintains Injunction Postponing Random Drug Testing
The Alberta Court of Appeal, in a 2 to 1 decision released December 5, 2012, has kept an injunction in place to prevent Suncor from implementing random drug testing of employees until a union grievance can be heard.Earlier this year, Sun...
December 2012
Controversial Legislative Amendments on Ice
On February 1, 2012, the new Wills and Succession Act (“WSA”) came into force, consolidating succession legislation in Alberta. The legislation – as originally unveiled ­ included significant amendments to portions of the Mat...
December 2012
Disasters and Property Leases - Don't Get Hit Twice
Hurricane Sandy wreaked havoc in New York and New Jersey recently, and attracted worldwide attention. The collapse of a portion of the rooftop parking lot at the Algo Centre Mall in Elliot Lake, Ontario earlier this year caught the attention of Ca...
December 2012
Anti-Spam Legislation: A Work in Progress
At the end of 2010, Canada enacted strict anti­-spam legislation (the “Act”) relating to the sending of electronic messages, as well as to other aspects of online commercial activity. Implementation of the Act has been delayed by p...
December 2012
Privacy Breaches Can Be a One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy Legislation
Twenty­-six employees of the Alberta Justice and Attorney General’s Maintenance Enforcement Program (“MEP”) were each awarded $1250.00 in damages each after a Peace Officer carrying out a workplace investigation used their pe...
Dec 2012
Click and Copy: Breach of Online License Agreements and Copyright Infringement
December 2012
Labour Rights (panelist)
November 2012
Former Justice of the Court of Queen's Bench Returns to Field Law
Western Law Firm welcomes back the Honourable Terrence F. McMahon, Q.C.
Terrence (Terry) F. McMahon, Q.C., recently retired from the Court of Queen’s Bench of Alberta, is returning to Field Law’s Calgary office as Senior Counsel. The Field team is eager to welcome him back to the firm and bringing years of experience with ...
November 2012
Navigating the Two-Way Street of Workplace Accommodation
Workwise
The phrase “accommodation is a two­-way street” appears often arbitration and human rights decisions that discuss an employer’s duty to accommodate its employees. That accommodation has been characterized this way means that ...
October 2012
Supreme Court of Canada Decision Demonstrates the Importance of Workplace Computer Policies
October 2012
Labour Mobility Update: TILMA Dispute Resolution Endorses Assessment of Good Character
October 1, 2012
Canadian Lawyer names Field Law a Top 10 Western and Northern Regional Law Firm
Field Law is proud to continue our long standing history as a top 10 western and regional law firm in Canadian Lawyer’s annual survey. Quoting Managing Partner, James Casey “There’s never been a better time to embrace regionalism”.
September 2012
Case Update: Wright v. College and Association of Registered Nurses of Alberta (Appeals Committee),
September 18, 2012
Anne Côté appears on Alberta Primetime
Anne Côté discusses Privacy Rights in the Digital Age on Alberta Primetime. There's a camera-ready phone in almost every pocket capable of capturing your image and sharing it in an instant - on Facebook, Youtube, even the six o'clock news.While there a...
September 14, 2012
Honouring our Past
The Lawyers and Staff of Field Law offer their condolences to Jeanne and the family on the sad loss of Peter Lougheed. We remain proud that part of Peter's early career was spent with our firm, known at that time as MacDonald, Moore, Lougheed, Atkinson...
September 2012
A Seat on the Board of Directors: Not as cushy as it sounds
Many business people are familiar with the corporate director role and the powers granted to someone in the role. What is not always so commonly understood are the obligations and personal liability that accompany the role. ‘...
September 2012
Field Law Congratulates Richard Stobbe
Field Law is pleased to announce that associate Richard Stobbe has been named the Vice-Chair of the Technology and Intellectual Property Law section of the Canadian Bar Association.
August 31, 2012
Field Law congratulates Hon. Terrence McMahon as he retires from the Court of Queen’s Bench
Field Law congratulates Hon. Terrence McMahon as he retires from the Court of Queen’s Bench effective September 4, 2012. Mr. McMahon was an integral part of Field Law’s Calgary history when MacDonald, Moore, Atkinson, McMahon & Tingle formed in 1966. T...
August 27, 2012
Field Law Welcomes Articling Student Adam Oppenheim to the Firm
Field Law's Calgary office welcomes the arrival of articling student Adam Oppenheim to the Firm!
August 27, 2012
Field Law Welcomes Associate Joel Fairbrother
On August 27, 2012, the Field Law Calgary office welcomed Joel Fairbrother to the Labour and Employment practice group.
July 2012
If a Tree Falls in Quebec, Can Anybody Sue?
A new decision of the Supreme Court of Canada highlights a fundamental difference between purely no-fault automobile insurance jurisdictions like Quebec and fault-based automobile insurance jurisdictions like Alberta. The facts...
July 2012
Alberta Privacy Commissioner Issues Report on Privacy Breaches
Alberta's new Privacy Commissioner, Jill Clayton, has released a report on the first two years of mandatory privacy breach reporting in Alberta (the "Breach Report").Under Alberta's private sector privacy law, the Personal Informatio...
July 16, 2012
Field Law Welcomes Articling Student Farah Mohamed
Field Law's Calgary office welcomes the arrival of articling student Farah Mohamed to the firm!
July 2012
Pridgen v. University of Calgary, 2012 ABCA 139
July 2012
The Supreme Court of Canada Provides Clarity to Conflict of Laws Rules
June 2012
Field Law Welcomes the 2012 Edmonton Office Articling Students
Field Law's Edmonton office welcomes the arrival of their 2012 articling students Chantel Cabaj, Elsa Johnson, Imane Semaine, and Matthew Turzansky.
June 2012
Field Law Hosts Gala to Celebrate Metis and First Nations Youth Art Competition
Press Release
Edmonton, Alberta (June 15, 2012) – Field Law, a regional law firm with offices in Edmonton, Calgary and Yellowknife was proud to host a gala celebration tonight recognizing the winners of the Field Law Métis and First Nations Youth Art Competition at ...
June 2012
Field Law's Metis and First Nations Youth Art Competition
Winners' Gala
For the past year, incredibly talented Métis and First Nation youth across Alberta and the Northwest Territories participated in Field Law's Métis and First Nations Youth Art contest. They provided amazing works of art depicting their winter cultural t...
June 2012
Welcome to the Calgary Summer Students
Field Law's Calgary Office welcomes to the fold summer students Christina Brownlee and Jessica Robertshaw. Christina has just finished her second year of studies at the University of Alberta Faculty of Law. Jessica comes to us from the University of Ca...
June 2012
Legal Pitfalls of Social Media for Business
Social media sites such as Facebook, Twitter and LinkedIn are powerful business tools for marketing products and services and building brand recognition. However, the undeniable advantages of using such tools cannot be discusse...
June 2012
Do You Own Your Business Name?
You’ve obtained a name search at Corporate Registry, reviewed a NUANS report, and registered your corporation at the federal or provincial corporate registry. You may have even registered your trade name. So, you own your...
June 2012
Empowering You Loved Ones for Informed Decision-Making
If you lose the capacity to make your healthcare/personal care or financial decisions, what will happen? Most Albertans believe that their spouses or common law partners will automatically have the authority to make such decisions o...
May 2012
Field Law's Edmonton and Yellowknife offices Welcome their 2012 Summer Students.
Field Law is excited to welcome summer students Pablo Retamozo Landeo to our Edmonton office and Daniel McPherson, who is back with us again for a second summer in the Calgary and Yellowknife offices.
May 2012
The Disclosure of Confidential Third-Party Information
May 2012
Field Law's Calgary Office Welcomes the 2012 Summer Students
Field Law is excited to welcome summer students Christina Brownlee and Jessica Robertshaw to the Calgary office.
May 2012
Field Law is Mondaq's Most Read Contributor in April 2012
Field Law's publications were some of the most read in Canada according to a the global advisory content supplier Mondaq. In the month April, Field Law was given the Contributor Most Read in Canada award. Mondaq pulls its information from their site as...
May 9, 2012
Published: Collections Law in Alberta
Collections Law in Alberta is now available for purchase! Congratulations to authors Sandeep Dhir and Anna Lund of Field Law. For more information on collections services offered by Field Law, please visit our Debt Recovery and Restructuring page.
2012
Contributor, "Calgary Now Energy Law Focal Point", Legal Post
April 2012
Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules
April 2012
Is Nature "Patentable"?
The Medium
A recent unanimous decision (Mayo Collaborative Services. v. Prometheus Labs. Inc.) by the United States Supreme Court has invalidated two patents held by Prometheus Labs Inc. on the basis that the claims contained patent ineli...
April 2012
Canadian Patents: Importance of Registering Assignment
The Medium
This is a review of a recent decision of the Ontario Superior Court of Justice, which has implications for Canadian patent owners and assignees.   The case is Verdellen v. Monaghan Mushrooms Ltd.The facts are that the Applicant...
March 2012
Collections Law in Alberta: A Practical Guide (Textbook)
March 2012
Safety without Borders? Let's Hope Not.
February 2012
The Water Act: Do You Understand Your Rights, Responsibilities and Risks?
Virtually all of us take our access to and use of fresh water for granted. However, water rights are, and should be, a significant concern for many Albertans. Those who reside or do business in rural areas, have a water well or...
February 2012
You Can't Have Clouds Without a Little Bit of Lightning: Cloud Computing in 2012
You’ve likely heard the term “cloud computing.” But what is it? And how do you avoid legal lightning strikes? Cloud computing is a service model that enables ubiquitous access to on-demand software services, typica...
February 2012
Congratulations Brian Vail, Q.C.
Field Law is proud to announce that our own Brian Vail has been singled out for his achievements by appointment as a Queen’s Counsel. This is an honour bestowed upon lawyers by the Lieutenant Governor in Council for outstanding contributions to the leg...
February 2012
Registered Canadian and US Patent Agent joins Field Law
Field Law welcomes Shohini Bagchee as our Registered Canadian and US Patent Agent. Shohini Bagchee is a patent agent with Field Law's IP & Technology Law Group. Her work includes the drafting, filing and prosecution of patent applications before the Ca...
January 2012
Michael Casey Q.C., Presented with Award for Distinguished Service to the Community
"Calgary is a better place because of his leadership and involvement," said Mayor Naheed Nenshi. Michael Casey, Q.C., Partner in the Calgary office, has been awarded a 2012 Distinguished Service Award alongside three other outstanding lawyers...
January 6, 2012
Field Law Welcomes Back Jeremiah Kowalchuk
Field Law is pleased to welcome back Jeremiah Kowalchuk as a partner to the Edmonton office. Jeremiah has been practising law in Edmonton since his call to the Bar in 2003. He articled at Field Law and practiced here as an associate until 2006. From 20...
February 2012
Legislation Alert: The New Wills and Succession Act
The Wills and Succession Act (“WSA”) came into force in Alberta on February 1, 2012. The WSA repeals and replaces significant portions of the legislation that governed wills and succession in Alberta. Some of the changes...
January 2012
Anne Côté appears on Alberta Primetime to discuss Privacy Rights in the Digital Age
There's a camera-ready phone in almost every pocket capable of capturing your image and sharing it in an instant - on Facebook, Youtube, even the six o'clock news. While there are some laws addressing what organizations can do with your image, protecti...
Winter 2012
Software Licensing and Development: A Case Study
Harmony Consulting Ltd. v. G.A. Foss Transport Ltd., 2011 FC 340 This recent decision provides a good case study on software development, licensing and copyright issues. This is a lawsuit about copyright in certain software computer pro...
Winter 2012
Display of a Trade-mark on a Website
TSA Stores Inc. v. Registrar of Trade-marks   In this recent decision, the impugned trademark registrations were registered solely for retail store services. The registered owner had previously used the impugned marks in associ...
Winter 2012
Canadian Patents: Not Invalid for Lack of "Good Faith"
This is a review of a recent decision of the Canadian Federal Court of Appeal, which has implications for patent law practitioners and Canadian patent owners. The case is Weatherford Canada Ltd. v. Corlac Inc.    ...
Winter 2012
Harper vs. The SCC - Copyright Cage Match?
Though most people don’t give much thought to copyright law on a day to day basis, we are continuously interacting with it, when we create, copy, buy, and download all manner of things we can see, hear and use. The price we pa...
Fall 2011
Canada's New Anti-Spam Legislation: How can it impact your business?
Canada has passed sweeping new anti-spam rules that will impact business marketing and electronic communications. Canada’s new Anti-Spam Law (ASL) encompasses much more than just email. The new law creates an “expre...
Fall 2011
Electronic Service of Notice to Shareholders and Directors
These days it seems as though almost all information is communicated or delivered electronically by email, facsimile, text message or similar means. Birthday cards, bank statements, photographs and even money can be delivered a...
November 3, 2011
Field Law Welcomes John Gilbert
Field Law is pleased to announce the addition of our newest associate to the Calgary office, John Gilbert. John grew up in Lloydminster, Alberta/Saskatchewan before moving to Edmonton to attend the University of Alberta. At the UofA, John received a Ba...
October 2011
James T. Casey, Q.C. Lawyer of the Year
Best Lawyers' lists Jim Casey as Edmonton's Labour and Employment Lawyer of the Year for 2012. Field Law is proud of Jim and would like to congratulate him for this admirable accomplishment.
October 2011
Duties of Decision Makers Acting Under Enduring Power of Attorneys and Personal Directives
Enduring Power of Attorneys and Personal Directives are becoming increasingly important documents - and we strongly recommend that our clients prepare such documents to ensure that a decision maker is appointed in the event that our client becomes inca...
September 2011
Intellectual Property in the Digital Age
Richard Stobbe was interviewed by CTV for Intellectual Property in the Digital Age an interesting review of media, privacy, copyright and the concept of “fair dealing”. When you post pictures to Facebook, or other social-media or photo-shar...
August 22, 2011
New Lawyer in our Calgary Office
Laura MacFarlane
Field Law is pleased to welcome Laura MacFarlane, as the newest member of our Intellectual Property and Technology Group. Laura will be based out of our Calgary office, with a primary focus of intellectual property. Laura practices a broad range of te...
Aug 2011
Canadian Trade-Mark Update: .XXX Blocking Process
May 2011
44th. Annual Banff Refresher Course - Wills & Estates
When to call a Mentor - How to mitigate litigation problems
June 21, 2011
Christine Pratt Receives the Pro Bono Leader in Community Award
Congratulations to our Partner, Christine Pratt who was honoured with the Pro Bono Leader in Community Award last night. Pro Bono Law Alberta held their Annual General Meeting last night at the Palliser Hotel in Calgary, Alberta. Christine was selecte...
Spring 2011
Business Owners Beware
Although trade-mark scams are not new, they seem to be increasing in frequency and sophistication. Several of our clients that own company names, brand names or trade-marks have received correspondence from domain name registra...
June 22, 2011
Training DVD for Hearing Tribunals is Now Available!
Over the past year, the lawyers at Field Law had the opportunity to work on an important and ground breaking project with the Alberta Federation of Regulated Health Professions (AFRHP). The project resulted in the production of a training DVD that will...
Spring 2011
Canada Consumer Product Safety Act:  What you need to know
It is rumoured that following WWII, in an effort to undermine an American boycott on Japanese imported goods, Japan renamed one of its manufacturing cities “Usa”. This way, its goods could be labelled “MADE IN USA,...
Spring 2011
Battle of the Forms
Imagine that you are a product supplier. You enter into discussions with a customer to provide your product. At some point in the process you issue a quotation (with your standard terms and conditions attached). The customer is...
June 2011
Aerospace and Defence Industries, II. Canada’s New Shipbuilding Procurement Strategy
June 2011
Contracts for the Sale and Purchase of Land: Purchaser's Remedies
Field & Brook
June 2011
Should the University of Ottawa be designated under the French Language Services Act?
May 2011
Congratulations to Field Law's Lexpert Leading Practitioners 2011
Field Law is proud to announce that nine of our lawyers have continued to be chosen as a leading practitioner in Canada with the addition of Dan A. Downe, Q.C. and J. Mark Jackson in 2011.Congratulations to: Roy D. Boettger, Q.C. - Estates & Pe...
May 2011
Canada Mulls Registration of Non-Traditional Marks
The Lawyers Weekly interviewed Richard Stobbe for its article "Canada mulls registration of non-traditional marks."  The introduction of motion marks in the Canadian Intellectual Property Office (CIPO) would permit registration of m...
May 2011
Software Licensing in the Cloud
May 2011
Legal Considerations When Running a Contest
Spring 2011
You Be the Judge: Canadian Trademark Battles
One of the most important steps in the trademark registration process is “Opposition”. Anyone who opposes registration of a trademark may file a Statement of Opposition based on one of the following grounds: the ap...
Spring 2011
Tips For Software Licensing in 2011
Software vendors and their customers are changing the traditional distribution models for software licensing in Canada. While this change is by no means new – IT outsourcing, ASPs (Application Service Providers), SaaS (So...
Spring 2011
Invention Assignments: A Cautionary Tale
This is a review of a recent decision of the United States Court of Appeal for the Federal Circuit which has implications for business law practitioners, particularly those with a technology practice.   The case is Board o...
Winter 2011
A Caution to Personal Representatives of an Estate
It may be an honour to be considered for appointment as Executor in a Will; however, before agreeing to act, you should understand the obligations and responsibilities of this important role. An Executor of a Will (a “Persona...
Winter 2011
Executive Compensation: Looking at the Whole Package
You might not think of yourself as an “executive,” but if you run your own business, you’re probably the President and CEO. And if you are helping build a business of any kind – whether a start-up or an establishe...
Winter 2011
Target Wars
An interesting trade-mark dispute continues to brew in Canada between the owner of the brands that are used by Target stores, and the well-known Canadian retailer Fairweather. Target Brands, Inc. owns the “Target” brand used ...
January 2011
CleanTech in Calgary
January 2011
Congratulations Field Law Curlers
Field Law would like to congratulate Jody Keim and Glenys Bakker Field Law staff members, and their curling teams for qualifying to compete in the 2011 Alberta Scotties Tournament of Hearts. Jody will be curling with Team Scheidegger and Glenys with T...
June 2011
Changes Passes to Controversial Land Use Legislation
Field & Brook
2011
Presenter, "Over-the-Counter Derivatives", FMC Presents: Recent Developments in Mergers and Acquisitions, Calgary
Presentations
Winter 2010
Limits on Damage Awards: The Alberta Court of Appeal Weighs In
Alberta’s Court of Appeal recently reviewed the bases for damages in wrongful dismissal cases when it handed down its decision in Merrill Lynch Canada Inc. v. Soost. Damages of $1.6 million, awarded in addition to $600,000 pay...
December 2010
Google AdWords/Adsense policy
Fall 2010
What Every Business Owner Must Know About Securities
There is a common misconception that securities laws only apply to incorporated companies listed on stock exchanges. Actually, securities laws apply to all issuers from the moment of their incorporation or formation. Forming an...
Fall 2010
Protecting the "Look & Feel" of your Website
You have developed a website that promotes your business’s goods and services. Perhaps your website also contains an online “store.” If your website is distinctive, its look and feel may be protectable. Here’s how...
Fall 2010
Giving 110 Percent
Professional athletes often use the cliché “giving 110 per cent” to describe the level of effort they exert during a sporting event. This cliché typically refers to an athlete’s maximum, no-holds-barr...
November 2010
We Wrote the Book
Field Lawyers Contributing Authors of Canadian Precedents of Pleadings
Bullen & Leake & Jacobs "Canadian Precedents of Pleadings": This new resource for Canadian litigators was just published by Carswell with 7 Field lawyers serving as contributing authors. The chapter on Personal Injury was written by Christine Pratt,...
November 2010
The Legal Implications of App Development
September 2010
Best Lawyers in Canada 2011 Released
11 Field Law Lawyers Make the List
Eleven of our lawyers have been chosen as "Best Lawyers" in Canada.  Ten of those lawyers are repeat nominations (the list can be found here) and this year we are pleased to announce that Mike Casey has also been nominated for this prest...
September 2010
What every Business Owner Must Know About Trade-Marks
Did you know that in 2006 the Coca Cola trademark was worth $67 billion US? The Microsoft trade-mark trailed behind at $56.9 billion US, and the IBM trade-mark came in third at $56.2 billion US. In fact, in 2006, the top 40 global t...
Summer 2010
When the Trigger is Pulled:  Shotgun Termination Clauses
Many commercial leases contain a “shotgun termination clause” which is triggered in the event that a Tenant wishes to assign or sublease leased premises to another party.  In its simplest terms, a shotgun termination&nb...
Summer 2010
The New Copyright Bill: It Giveth, and Taketh Away?
June 2, 2010 marked the latest chapter in the proposed changes to Canadian copyright law. Bill C-32 (the “Bill”) is the Government’s latest attempt to modernize legislation that has not been substantially amended s...
June 2010
Employee Criminal Record Checks
Employers perform criminal record checks on current and prospective employees because of the nature of the employment, the vulnerability of customers or clients, or because of contractual or other industry requirements. Unlike many ...
June 2010
You Raise the Issue - Human Rights vs. Human Safety
Question: We’re working hard to establish a “safety culture” at our workplace, but those two terms are sometimes at odds with one another. In other words, what happens when “culture” seems to interfere with ...
May 2010
Impact of Union Representation Clauses in Alberta
April 2010
Alberta Government Reconsiders OHS Enforcement after Auditor General’s Critique
Amendments to Alberta OHS legal regime came into effect in 2002; the revolutionary OHS Code in 2004. Given that it took some time for first charges under the new regime to be laid, this test of the government's efforts to make Alberta safer is some...
April 2010
2010 Top Western Law Firms
Canadian Lawyer Magazine Names Field Law
Field Law has been named #5 in Canadian Lawyer's 2010 Top Western Law Firms. Canadian Lawyer notes that "all of the firms listed in Canadian Lawyer’s ranking of the top regional firms in British Columbia, Alberta, and the North are a testament to the c...
Spring 2010
New - Changes to PIPA
March 2010
Calgary Artists for Haitian Relief
Sponsored by Field Law
On March 10, 2010 Calgary artists will join together at the Jack Singer Concert Hall at Epcor Centre in a fundraising effort for Haitian relief.All ticket proceeds will be going directly to a Haitian charity to fund the rebuild of Le Foyer de Filles Ch...
Spring 2010
Software Licensing
Software is governed by copyright law. In Canada, a software program is a “work” recognized and protected by the Copyright Act (Canada). As a result, the owner of the copyright has the sole right to control use and ...
Spring 2010
Letters of Intent - Unexpectedly Binding?
In the recent case, Wallace v. Allen (2009 ONCA 36), the Ontario Court of Appeal, overturning an earlier decision by the Ontario Superior Court of Justice, held that a letter of intent with respect to a purchase of a business c...
March 2010
Fundamental Breach R.I.P. Freedom of Contract Gains Traction in Supreme Court’s Decision in Tercon
Parties to commercial contracts sometimes agree in writing that one or both of them will not sue the other for breach or that there are limits on their ability to sue each other. Such no-claims clauses are as common in complex agreements nego...
February 2010
Quality Assurance Decisions
February 2010
Damages Issues in Health Law
February 2010
The Case of the Witness with Two Hats
February 2010
Workplace Violence:  A Chemical Explosion of Another Kind
December 2009
Field's Leading Lawyers
Lexpert Announces 8 of Field's Partners as Canada's 2010 Leading Lawyers
Field Law is proud to announce that 8 of our Partners have been selected by their industry peers as Lexpert's 2010 Leading Lawyers. Congratulations to: Roy D. Boettger, Q.C. - Wills, Trusts and EstatesJames T. Casey, Q.C. - Labour and EmploymentMichae...
Winter 2010
Commercial Lease Absurdity
In recent years many prospective residential house and condominium owners have endured significant delays in the construction of newly purchased property. The commercial real estate market has suffered similar delays. Commercia...
2010
Presenter, "Cash Collateral as Performance Assurance: Current Considerations for Energy Derivatives", Insight Energy Contracts Conference, Calgary
Conferences
2010
Techniques in Negotiation (CPLED/Bar Admission Course)
2010
Chair, Insight Shale Gas Forum, Calgary
Conferences
November 2009
Wal-Mart Wins This Round
November 2009
Tips and Trends in CleanTech Licensing
IP Blog
Fall 2009
You Raise the Issue - Negotiating Employment Agreements
Question: We would like to protect our business by negotiating employment agreements with non-competition and non-solicitation clauses but have heard that these types of clauses are sometimes unenforceable. How do we make sure our employment ...
October 2009
Multiple Births - An EI Claim for Each Parent?
In a somewhat surprising decision, an Employment Insurance Board of Referees panel has granted simultaneous Employment Insurance (“EI”) benefits to both parents of newborn twins. Effectively, the decision sets the s...
October 2009
The Adult Guardianship and Trusteeship Act
Fall 2009
Am I Original?
This article is for businesses which create “Works” flowing out of “The Original Six”; that is, Works expressing “curiosity, imagination, creativity, intelligence, genius or talent”.All of these “Original ...
Fall 2009
The Dependant Adults Act is Replacing the Adult Guardianship and Trusteeship Act
This fall new legislation is being put into place to assist with decision making for adults unable to make decisions about their assets or personal care. Before October 30, 2009, these issues were governed by the Dependant Adults Act, legisla...
Fall 2009
Tenants: Be Mindful of the "Change in Control" Clause in Your Lease
If you are a tenant and are thinking of restructuring your business (i.e. merging or amalgamating with another company or otherwise changing the effective voting control of your business) during these uncertain economic times, be aware of the...
September 2009
Health Care Errors and Apologies
August 2009
Field Law Recognized in Best Lawyers in Canada 2010
The 2010 Best Lawyers in Canada has recognized 9 Field lawyers in their areas of practice:  Roy Boettger, Q.C. - Trusts and Estates     Bill Corbett - Corporate and Commercial Litigation    Jean van der Lee, Q....
August 2009
Case Comment: A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30
July 2009
Case Update: Rare Alberta OHS Acquittal
July 2009
Influenza A (H1N1) in the Workplace - OHS Considerations
July 2009
HIV/AIDS Reporting
The mandatory reporting of communicable diseases dates at least as far back as the Book of Leviticus, which described notification for a disease it labelled as leprosy.1  Current public health legislation, as well as recent amendmen...
Special Privacy Edition, Summer 2009
Biometric Technology in the Workplace:
Preventing "Buddy Punching"
Employers face many challenges in managing the attendance of their employees. Employers who use time card or swipe card systems to track the arrival and departure of their employees may also have to deal with the issue of “buddy punchin...
June 2009
Retention of Fetal Heart Surveillance Strips
June 2009
Morrow v. Zhang - The Cap is Back
On June 12, 2009, the Alberta Court of Appeal overturned the February 2008 decision of Justice N.C. Wittmann, which struck down the Minor Injury Regulation (A.R. 123/2004) on the basis that it breached s. 15 of the Canadian Cha...
June 2009
Shoot, Was I Supposed to Report That?
May 2009
The Impact of Influenza A (H1N1) Virus In The Workplace
On April 29, 2009, the World Health Organization (“WHO”) raised the pandemic alert from Phase 4 to 5 in regard to Influenza A (H1N1). As of Wednesday, May 6, 2009, 201 cases of Influenza A (H1N1) have been confirmed in&n...
May 2009
Catholic Separate Schools and the Protection of a Distinct Catholic Denominational Philosophy
When Religious Rights Meet Employment Rights: Part 2
Co-Author: Kevin P. Feehan
May 2009
Steve Eichler Receives the 2008 Vitality Award
Field Law would like congratulate our partner, Steve Eichler, on receiving the Calgary Downtown Association's 2008 Vitality Award. It is in recognition of his leadership and tireless efforts in the development and growth of the most significant festiva...
Economic Downturn Special Edition
Notice Periods in a Recession
The impact of a recession on reasonable notice periods cannot be ignored. Determining how much working notice or pay in lieu of notice to give an employee upon dismissal without cause depends on several factors. Since 1960, the four factors m...
April 2009
Considerations for Revising Employment Contracts As An Alternative to Terminations
Due to necessity arising out of an economic downturn, employers may consider changing the terms of the employment contract, such as rolling back employee salary or benefits or revising termination provisions. These actions may be a cost-effec...
April 2009
The Alberta Ballet
Field Law has been a proud supporter of the Alberta Ballet since 1993. We continue our involvement with its Board of Directors and act as their legal counsel. We are excited for and congratulate the Alberta Ballet on their accomplishment and opportunit...
April 2009
Employee Leave Issues (Seminar on the Employment Standards Act in Alberta)
March 2009
The Biggest OHS Law Story of 2008, Bar None
March 2009
Alberta's New Apology Legislation
March 2009
HIV/AIDS Reporting
The mandatory reporting of communicable diseases dates at least as far back as the Book of Leviticus, which described notification for a disease it labelled as leprosy.1  Current public health legislation, as well as recent amendmen...
2008
Co-Chair, Western Canada Renewable Energy Forum, Vancouver
Conferences
Winter 2009
Current Issues in Employment Law
Just when you thought that all of the issues regarding relations between employers and employees had pretty much been considered, answered, put to bed, a whole new crop of concerns has arisen. Some may be more accurately said to have re-arise...
January 2009
Expanding Duties and Shifting Standards:
Hill v. Hamilton Regional Police Services Board and the Tort of Negligent Investigation
The recent decision of a majority of the Supreme Court of Canada in Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41, produced what is arguably a mixed result for law enforcement officers on the question whether &nd...
2008
Author, "Energy Derivatives and Hedging Transactions: Are You Managing or Creating Risk?"
Alberta Oil Magazine (Volume 4, Issue 2)
October 2008
Clearing the Confusion on "Use of Vehicle" Coverage
Lawyers Weekly 2008
October 2008
Truth and Consequences
The Implied Undertaking Rule Protects Pre-Trial Privacy
Litigation lawyers sometimes find that clients are justifiably apprehensive about exposing their private or business lives to public scrutiny in civil litigation. Business clients may be reticent to disclose confidential financial information...
June 2008
Panel Chair - Accommodating Family Status in the Workplace
Spring 2008
The Supreme Court Limits Procedural Fairness in the Context of Public Employment
May 2008
Employers' Group Can't Compel Multi-unit Bargaining at one Table
The Lawyer's Weekly
November 2007
Direct and Indirect Liability in Sexual Torts
What Educators Should Know
Co-Authors: Andrea Remington and Kevin P. Feehan, Q.C.
Fall 2007
Current Workplace Issues - Fidler Sticks
Employee Awarded Damages for Loss of a "Psychological Benefit"
Since the mid-nineteenth century, the law has been clear that damages are not available to a party for mental distress flowing from a breach of contract unless the events giving rise to the mental distress form the basis for an independent ca...
May 2007
40th. Annual Banff Refresher Course - Wills, Estates & Elder Law
Empowering the Incapable: Ensuring Power of Attorneys and Personal Directives in Estate Planning
2007
Prepare Now to Avoid the Pitfalls of E-Discovery Later
A corporate executive sued his ex-employer seeking damages for wrongful dismissal. He settled the claim promptly when he learned that his employer had retrieved internet usage logs from his workplace computer that proved his dubious on-line&n...
November 2006
Tis the Season for (Responsible) Social Hosting
Professional Regulatory Webinar: Tips + Traps for Hearing Tribunal Members
Field Law Attendee Confirmation
  Field Law would like to confirm how many people are planning to watch our webinar. **Group pricing is available to attendees from the same business or organization watching the webinar together in the same room** W...
August 2006
Accommodating Employees with Drug and Alcohol Problems
May 2006
Party On? Supreme Court of Canada Rules on Liability of Social Hosts for Guests' Drunk Driving
On May 5th the Supreme Court of Canada released Childs v Desormeaux 2006 SCC 18, its long awaited first decision on the possible legal liability of a social host when an intoxicated guest subsequently causes injury in a motor vehicle accident...
March 2006
Personal Guarantees in Alberta: A Signature Is Not Enough
You do business and provide credit to a corporate client based in Alberta. Let's call them Retail Company.Retail Company has fallen behind on their payments but tell you they can turn it around in the next few months. You are concerned be...
June 2005
The Modern Method of Collective Agreement Interpretation - Is it the Traditional Method in a New Dress?
Co-Author: Jacqueline Klym Laviolette
March 2005
Chair - Wrongful Dismissal Update (Edmonton)
February 2005
Chair - Wrongful Dismissal Update (Calgary)
June 2003
First Nations Courts
Canadian criminal courts are adversarial, usually seeking to punish people for crimes, and to protect other members of society by jailing offenders. The purpose of a justice system in a First Nations community is different, as it seeks out&nb...
June 2003
Benoit Loses at Federal Court of Appeal
Charles Benoit, a truck driver from Fort McMurray, Alberta, launched a tax challenge against the Government of Canada in 1992. He argued that even though Treaty 8 does not include a tax exemption provision, there was an oral promise that ...
Spring 2003
Drug and Alcohol Testing in the Workplace
The issue of drug and alcohol testing in the workplace has long caused confusion for employers. What type of testing is allowed? When is such testing permissible? Drug and alcohol testing policies that don’t conform to recent legal...
November 2002
The Good, The Bad and The Ugly: Recent Developments Regarding The Duty to Defend
The Medium
Adidas, Veuve Clicquot, Barbie… When is a mark considered “famous” in Canada, and do famous marks enjoy special protection? A handful of Canadian cases have outlined the court’s treatment of well­-known ...
September 2002
First Nations Government Act
Changes to the Indian Act are in the works with new legislation called the First Nations Governance Act. The Canadian Government says the new Act will provide First Nations with more effective tools of governance until self-government arrange...
September 2002
The Venne Decision
Since 1996, the Lac La Ronge Indian Band of Saskatchewan has been the focus of significant attention from that province’s courts. The attention resulted from a dispute between the Band and the Governments of Canada and Saskatchewan ...
Spring 2002
Avoiding the Loss of Employee Training Investments
Training an employee can entail a significant investment on the part of the employer. Often there are regulatory or even professional requirements to be met before an employee can work in a position and often, the employer will pay for t...
2002
Founder of "The Indigenous Law Journal"
Justin founded The Indigenous Law Journal in 2002. A student-run legal journal, it is the first and only Canadian legal journal to exclusively publish articles regarding Indigenous legal issues. 
January 2001
Dealing With Your Corporation
Shareholders of corporations need to be cautious when dealing with the corporation in which they own shares. Although the shareholders of a corporation control the corporation and have significant flexibility under corporate law provisions, a...
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