1146 Results * Practice Group Leader, Lawyer, Patent Agent Calgary Director of Professional Recruitment and Development VCARD Edmonton Partner / Privacy and Data Protection Officer VCARD Practice Group Leader Calgary news + views + events [ View All ] Winter 2020 2019 - A Year in Review Seminar Series Seminars Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups. Both sessions will be submitted to CPHR Alberta for Continuing Education credits.Part 1:
... February 6, 2020 Year in Review: Important Professional Regulatory Cases of 2019
Webinar Learn about the most important professional regulatory court cases of 2019. What are the key legal trends? What are the strategic and operational implications for regulators? This webinar will be presented by James Casey, QC and Leanne Monsma of Field ... January 2020 Who You Gonna Call (As a Witness)? Field Law Blog January 2020 Legalized Cannabis Spurs Rush to the Canadian Patent Office Keeping Up with Cannabis Canada’s legalization of cannabis for recreational purposes, in October of 2018, spurred a significant increase in Canadian patent application filings for a wide variety of cannabis-related technologies.Searches conducted on the Canadian Patent D... January 2020 Rectification is Back – Is Recession Next First published by the Canadian Tax Foundation in Tax for the Owner-Manager (Volume 20, Number 1) January 2020 Click-Through Agreements January 2020 Field Law Announces Four New Partners The Firm welcomes Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu to its partnership. Field Law is pleased to welcome Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu as partners of the Firm. The addition of four lawye... January 2020 Spies and the Supreme Court: Charting a New Course for the Standard of Review Alert On December 19, 2019, the Supreme Court of Canada released its long-awaited trilogy of decisions that will significantly shift administrative law.Administrative law encompasses legal challenges to regulatory or government action, ranging from cabinet a... December 2019 2019 Field Law Post-Secondary Summit Recap The fourth annual Field Law Post-Secondary Summit was held on November 28 in Calgary and was co-chaired by Frank Molnar, QC and Greg Harding, QC. Brief summaries of the presentations given at the Summit are provided below.
Innovative Governance During... December 2019 Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020 Field Law Blog December 20, 2019 Calgary's Business Presentations Recent Court Ruling Limits Airbnbs in Condos December 2019 Cross-Border Workforce Trends in 2020 Workwise Newsletter As we approach 2020, employers have increasing options for bringing skilled workers into Canada, while opportunities for employees to head south, to the United States, are increasingly limited. Field Law's Immigration Group projects three trends to... December 2019 Case Summary: Goodvin v Penson Defence + Indemnity Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master
Facts + Issues
The Defendants Russell and Shell... December 2019 Case Summary: Tanious v The Empire Life Insurance Company Defence + Indemnity Special costs may be awarded against the insurer in disability insurance litigation in response to a litigant’s personal and financial circumstances, even if there has been no reprehensible conduct or bad faith on the part of the insurer. &... December 2019 Case Summary: Sanderina, LLC v Great American Insurance Company Defence + Indemnity An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand... December 13, 2019 The Winds of Change in Professional Regulation are Approaching Gale Force On November 27, 2019, the British Columbia Ministry of Health Steering Committee on Modernization of Health Professional Regulation released a report titled “Modernizing the provincial health profession regulatory framework”. The report ann... December 2019 Case Summary: Duraguard Fence Ltd v Badry Defence + Indemnity An insurance broker who fails to consider the insured’s loss history, the foreseeable claims and arranged for appropriate coverage was held to have breached its legal duty to arrange appropriate crime coverage for the insured may be liable for br... December 2019 Case Summary: Brooks v Nand Defence + Indemnity Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B... December 2019 No Life After Death: Woman Loses Battle to Use Deceased Husband’s Sperm Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent. In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s... December 2019 Case Summary: Bourbonnière v Yahoo! Inc. Defence + Indemnity Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ... December 11, 2019 Human Rights + Professional Regulation: What Every Organization Needs to Know Webinar Human rights principles can be at play in many issues faced by professional regulatory bodies. A sound knowledge and understanding of human rights concepts can ensure that regulators are carrying out their functions in a manner that respects and i... December 2019 Another Case of Beer: Small Craft Brewers + Constitutional Battles It seems a long way from Alberta’s basement breweries to the halls of the Court of Appeal. But that line was connected in a long running dispute known as Steam Whistle Brewing Inc. v AGLC. With enough reading to make any constitutiona... December 2019 One Bad Apple: When Can an Employee’s Bad Attitude Justify Termination? Workwise The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills... 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 29, 2019 Knowing When to “Lawyer Up” Business in Calgary Legal professionals offer advice to business owners on when to ask for help. 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 2019 Buzz Kill: Cannabis Branding + Packaging Restrictions in Canada Keeping Up With Cannabis In the excitement of Canadian cannabis legalization, many overlooked that cannabis legislation is in fact focused on controlling the production, distribution, sale and possession of cannabis in Canada to achieve three objectives:
Protect young pers... November 21, 2019 Cannabis Potpourri: One Year of Legal Cannabis in Canada Webinar
Possession and use of cannabis has now been legal in Canada for one year and edibles became legal on October 17, 2019. What has the year looked like and what new considerations do edibles add to the mix?Presented by Christin Elawny and&n... November 20, 2019 Edible Cannabis in the Workplace Seminars It has been over a year since Canada legalized cannabis. Although individuals could make cannabis food and drink for personal use under the legislation, such products were initially not able to be produced or sold commercially. As of Octobe... 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 18, 2019 Insurance Industry Update: What You Need to Know Seminars 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, how much? Why have the rules changed? Are there any benefits to providing advances? Wha... 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... November 2019 Bill 21: Key Aspects for Alberta Employers Alert The Alberta government introduced Bill 21: Ensuring Fiscal Sustainability Act, 2019 on October 28, 2019. This bill proposes several legislative changes that will impact labour and employment relations in the Province and which raise various considerati... November 2019 Bill 20 + Bill 21: Key Aspects for Alberta's Post-Secondary Institutions Alert On October 28, 2019 the Alberta government introduced two bills (Bills 20 and 21) which propose several legislative changes that will impact post-secondary institutions in the Province, as well as their students. The legislation has various aspects wor... October 2019 Fixing Tax Mistakes: Rectification Order Affirmed Field Law Blog October 2019 The Impact of #MeToo on Professional Regulators Perspectives for the Professions The hashtag “MeToo” went viral in October of 2017. In the two years since then, the movement has had a significant impact on society. It’s had a weighty effect on professional regulators as well. What changes have we seen so far and w... October 2019 Think Leaving Equipment On Site Extends Your Lien Period? Think Again. Field Law Blog October 2019 Get With the Times! The Alberta Court of Appeal Weighs in on Sexual Harassment in the Workplace Workwise Newsletter The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace. The City of Calgary (the “City”) ... October 25, 2019 IP Basics for Lawyers Seminars Law Society of the Northwest Territories October 2019 Case Summary: Nasr Hospitality Services Inc. v Intact Insurance Defence + Indemnity The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim.
Nasr Hospita... October 2019 Case Summary: McAllister v Calgary (City) Defence + Indemnity Where a visitor on a City of Calgary pedway was assaulted and beaten, the occupier City was held not to owe a duty of care to prevent all crime but, rather, had a duty to maintain an adequate security system in place to detect and respond to crimes wit... October 2019 Case Summary: Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd. Defence + Indemnity An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.
Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo... October 2019 Case Summary: Bomford v Bomford Defence + Indemnity The statutory benefit for bereavement payable to a parent or parents under the Fatal Accidents Act is not available to a parent who is at fault for the death of their child. Bomford v Bomford, 2019 ABQB 529, per Schlosser, Master
Fact... October 2019 Case Summary: Pederson v Allstate Insurance Defence + Indemnity The Alberta Court of Queen’s Bench analyzed the application of solicitor-client and litigation privilege in separate, but related tort and insurance actions and confirmed that both the insureds and the insurer are clients of insurer-appointed cou... October 2019 Case Summary: Sky Solar (Canada) Ltd v Economical Mutual Insurance Company Defence + Indemnity Under a commercial general liability policy, a contractor (as the Named Insured) hired by a developer (added as an Additional Insured) had liability coverage, but only with respect to “liability arising out of the operations of the Named Insured&... October 2019 The Regulation of Telepractice: An Update Perspectives for the Professions In June 2019, we reported on the Ontario Court of Appeal’s decision in College of Optometrists of Ontario v Essilor Group Inc, where a company, primarily located in British Columbia, sold eyeglasses and contact lenses over the internet ... October 23, 2019 Alberta Legislation Aimed at Combating Domestic Violence Problematic, Say Legal Experts The Lawyer's Daily Brian Vail discusses Bill 17, the Disclosure to Protect Again Domestic Violence (Clare's Law) Act and the implications on society with respect to the Charter of Rights and Freedoms. 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 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 21, 2019 Field Law’s Competition for Charitable Funds Creates a Unique Pro Bono Opportunity Canadian Lawyer Magazine 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
Seminar + Webinar 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 #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 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 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... 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 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... 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 Keep Off the Grass! Cannabis in Calgary: Zoning and Public Use Field Law Blog 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 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 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 ... 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&... 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: 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... April 2018 Case Summary: Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc. Defence + Indemnity 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 ... April 2018 Case Summary: Tuffnail et al v Meekes et al Defence + Indemnity 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 IS... 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 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,... 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... 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: 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: 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 Case Summary: Valard Construction Ltd. v Bird Construction Co. Defence + Indemnity 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, per ... February 2018 Case Summary: Hartley v Security National Insurance Company Defence + Indemnity 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. &nb... 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 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 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 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 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 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) &nbs... 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 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 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 provisions to... 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 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 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 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 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 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 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: 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 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 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: 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: 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... 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: 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 ... 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 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... 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 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 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: 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 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... 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... 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 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... 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... 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 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 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 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 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 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 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 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 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 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 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 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... 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 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... 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 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 What's The Risk of Not Foreseeing Safety? 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 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... 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... 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 ... 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... 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 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 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 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 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 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.
‘... 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 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 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 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 The Disclosure of Confidential Third-Party Information 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 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... 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... 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... 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... 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 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 Software Licensing in the Cloud 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 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 ... 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... 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 Many collective agreements provide that in advance of certain meetings between the employer and a bargaining unit employee, the employee is entitled to request or is required to have a union representative present at the m... 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... 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 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 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 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... 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... 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 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 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... Professional Regulatory Webinar: Tips + Traps for Hearing Tribunal Members Field Law Attendee Confirmation
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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... 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... 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. |
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