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...

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 ...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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&...

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...

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...

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, ...

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 ...

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...

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...

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 ...

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...

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...

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...

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...

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...

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'...

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...

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...

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...

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...

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...

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...

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...

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...

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. ...

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...

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...

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,...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Erika Carrasco discusses how the law surrounding drones offers a typical example of the challenges of working in a fast-developing area.

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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 ...

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...

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 ...

Erika Carrasco speaks to Canadian Underwriter about cannabis coverage issues.

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...

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 ...

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 ...

Leanne Monsma discussed what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.

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...

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...

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...

First published by the Canadian Tax Foundation in (2019) 66:4 Canadian Tax Journal.

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.

(3:54) Erika Carrasco discusses the new rules for flying drones in Canada that come into effect on June 1, 2019.

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...

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...

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 ...

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.

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...

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.

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.

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.

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...

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...

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...

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...

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...

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...

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.&...

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...

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 ...

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...

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...

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. (...

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...

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...

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 ...

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...

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...

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...

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, ...

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...

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...

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 ...

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 ...

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...

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...

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...

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...

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...

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”...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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 ...

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...

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 ...

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...

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 ...

Bill Brooks shares pictures of Stampede events he attended, including Field Law’s Stampede Kick-Off.

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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&...

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 ...

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...

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...

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...

Leanne Monsma discusses what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.

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...

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...

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...

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...

“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...

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...

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 ...

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...

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...

B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).    Tuffnail et al v Meekes et al, 2017 ONSC 2894, per H.A. Rady J.  [4268]   FACTS AND...

A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage.Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc., 2017 ONCA 876 [4266]; aff’g 201...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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. ...

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...

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...

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,...

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 ...

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 ...

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...

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 ...

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 ...

A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, p...

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...

A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the  U.S. state where the accident occurred up to the OPCF 44R limits but not for the plaintiff’s U.S. legal fees....

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 ...

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...

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...

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...

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...

How to Manage the Legal Risk of Emerging Technologies and IoT and Reap the Benefit

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...

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...

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 ...

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...

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.

Erika Carrasco offers perspective on the current challenges facing the drone industry, and how new technology and privacy laws could impact future drone legislation.

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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 ...

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 ...

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...

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.   

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...

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...

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...

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...

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...

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...

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 ...

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, ...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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 ...

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...

A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims after principal’s default)  &...

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 ...

CALGARY – Field Law welcomes Jennifer Marshall to their Calgary office. Jennifer joins the firm’s Business Law Group as their newest lawyer.  Field Law continues its expansion and diversification in key industries including energy and ...

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   ...

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...

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 ...

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...

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,...

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...

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...

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...

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 ...

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...

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...

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.

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...

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...

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?

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...

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.  ...

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,...

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...

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...

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...

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...

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...

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 &...

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...

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...

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...

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...

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...

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...

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...

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...

By Richard Stobbe It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were provisi...

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...

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...

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...

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...

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...

. 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...

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...

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...

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 ...

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...

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...

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...

‘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...

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...

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...

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...

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 ...

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...

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...

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 ...

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...

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-­...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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&...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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....

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...

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...

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   ...

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...

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...

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...

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 ...

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 ...

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...

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...

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...

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...

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...

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...

“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...

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. ...

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...

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...

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...

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...

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    ...

We would like to let everyone know about an upcoming workshop being held in Edmonton: Stories of Survival Workshop Date: Tuesday March 8, 2016 Time: 9:00 a.m. to 12:30 p.m. Place: Holiday Inn Express Downtown, Salon A Topic: Stories of Surviv...

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...

Field Law is proud to announce that Sandeep K. Dhir, has been recognized for his legal achievements by appointment as Queen’s Counsel.“This year’s Queen’s Counsel appointees have demonstrated their commitment to enhancing our province’s justice system....

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...

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,...

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...

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 ...

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...

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...

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...

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...

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...

The Alberta Immigrant Nominee Program (AINP) is an economic immigration program that involves the nomination of foreign nationals by the Province of Alberta for Permanent Residence in Canada. Provincial Nominee Programs exist in eve...

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...

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...

Field Law is pleased to welcome Gord Van Vliet as a Partner in the Business Group, effective November 2, 2015.Gord’s primary practice area is real estate law and he joins Field Law from a multinational law firm. He was called to the Alberta bar in 2000...

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...

The Independent Assessment Process (IAP) for people with IRS abuse claims is coming to an end. The vast majority (approximately 87%) of people with abuse claims have now had those claims resolved through the IAP. Field Law now expects to have all its...

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...

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...

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...

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...

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...

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...

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...

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...

Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce their recent inclusion in the following national rankings: Chambers Canada, Best Lawyers in Canada© and The Canadian Legal Lexpert™ Directory.For...

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...

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...

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...

If you submitted an IAP claim on your own before the September 19, 2012 deadline, and are now looking for a lawyer to handle your IAP claim, please contact us today. We continue to accept new clients and are working hard to represent all claimants who ...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

~ a slightly modified Slaw.ca post~Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and com...

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...

The Field Law IRS Team celebrates its’ 1000th closed file with a segway tour in Edmonton’s river valley.

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

Between blogging at Slaw.ca, posting legal research tips at Slawtips.ca, and taking courses towards Lean Six Sigma certification, this poor blog has not had much attention in 2014.  Christmas is the traditional time for guilt trips. Rather than focusin...

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”) ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

If you have received the Common Experience Payment (CEP) for living at an Indian Residential School, you are eligible to receive a one-time personal credit towards educational services, in the amount of up to $3,000.00. The credit is provided by the G...

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 ...

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...

On June 4 , 2014, a new Decision was released  by Justice Schulman of the Manitoba Court of Appeal, which protects IAP claimants from having to pay most fees charged by IAP Application form fillers.The decision rules on fee agreements made by IAP ...

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...

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...

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...

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...

Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the addition of Katherine Rubin as an associate in the Business Law Group, effective June 23, 2014.Prior to joining Field Law, Katherine practiced ...

Josette McEachern and I were among a group who participated in a stakeholder session this week about the Alberta Queen's Printer products and services.  To assist with results based budgeting, the QP is looking for feedback about how they deli...

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...

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...

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...

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...

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...

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 ...

 Richard was interviewed by CBA National magazine on the subject of a recent EU privacy decision.

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 ...

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...

The Alberta National Truth and Reconciliation Commission Event was held from March 27 to 30, 2014 at the Shaw Conference Centre in Edmonton.  Several members of the Field Law IRS Group attended the event, which is centered on the task of uncoverin...

The Field Law Calgary and Edmonton offices are pleased to announce the following Summer Students: Elizabeth Margaret Nixon, Jessica Mary Babineau, Mark Benjamin Mielke, Paul William Kolida, Robert Joseph Watson, and Taylor Anna-Katryna Woolsey. We also...

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...

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...

One of the areas I don't often have an opportunity to research is environmental law.  Infrequent review of a subject area is one of the things that can make for inefficient research, especially in a regulatory rich subject like environmental law.  To c...

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...

Well, that is it. Statutory Instrument 2014-19 registered March 12, 2014 titled Canada Gazette Publication Order, 2014 has been published. Three short lines that spell the end of a very long era.   1. The Canada Gazette is to continue to be publi...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

Happy New Year.  A few quotes and images about libraries to start the year off right. Hat Tip to Connie Crosby (@conniecrosby).

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...

Field Law is proud to announce that our own Frank Molnar has been singled out for his achievements by appointment as Queen’s Counsel. “The Queen’s Counsel designation recognizes the exceptional capabilities and talents of this ye...

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...

Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be frustrating to then rece...

Bill 38: Statutes Amendment Act, 2013 (No.2) has passed 3rd reading in the Alberta Legislature. Statutes Amendment Acts, which used to be called Miscellaneous Statutes Amendment Acts, modify a number of Acts and are usually created to take care of hous...

Field Law is pleased to announce Antony (Tony) Edwards joined the partnership, effective Nov. 1, 2013. Tony joins Field Law with more than 23 years of experience in intellectual property law, and has provided successful guidance through the intellectua...

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 ...

The Alberta Court of Queen's Bench has officially adopted the Canadian Guide to Uniform Legal Citation 7th edition. See the Notice to the Profession from November 12, 2013. I am happy to have clarification from the Court about citations, but kind of su...

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...

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...

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...

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...

Field Law is pleased to announce that Charlene Lipchen has joined the Calgary office of Field Law as an Associate effective November 4, 2013.Charlene has a diverse litigation practice focused on intellectual property disputes and defending product liab...

The 6th National Truth and Reconciliation Event was held from Wednesday September 18 to Saturday September 21, 2013 at the Pacific National Exhibition in Vancouver, BC. The event was attended by paralegal Joe Lema,  paralegal Amanda Gould, and law...

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...

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 ...

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...

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...

Digital information is fantastic.  It makes research tasks more flexible when you have options for the format or forum that information is available from .  One thing that hinders me, and others I am sure, is the potential for born digital in...

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...

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 ...

I wrote about problems with the Alberta Courts Judgment Database in a July 25 post. The webmaster was responsive to the problem and had contact with myself and others at the firm letting use know that they were working on the problems. Today, I got som...

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...

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...

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...

Field Law, a regional law firm with offices in Calgary and Edmonton as well as Yellowknife, Northwest Territories, is proud to announce that Jeremiah Kowalchuk, Partner in the Edmonton office, has been elected to serve as the Secretary of the Canadian...

Field Law Calgary-based lawyers and staff will be back in the reenergized Lougheed Building bright and early June 27th.We continue to extend our heartfelt sympathy to Albertans across the province affected by the floods and want to give a big shout-out...

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...

Due to the Calgary flooding and downtown power outages, Field Law’s Calgary office is currently closed. Field Law extends our heartfelt sympathy to Albertans across the province affected by the floods.Please note that business continuity plans are in p...

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...

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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...

Field Law is hosting "COSIA Technology Licensing: A View From the Inside". A luncheon meeting for the Calgary Chapter of the Licensing Executives Society on Thursday, May 16th. Canada’s Oil Sands Innovation Alliance (COSIA) is an alliance of oil sands ...

Shohini Bagchee (Patent Agent) was quoted in the Edmonton Journal on why a business plan is important at TEC VenturePrize Awards. Field Law was a Platinum Sponsor at TEC VenturePrize.

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...

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...

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...

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...

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...

Field Law's future articling students, Leah McDaniel and Pablo Retamozo won the 2013 top school prize in the Laskin Memorial Moot Competition. The prize is awarded to the school that has won all of its competition rounds and has performed consistently ...

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...

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...

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...

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 ...

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...

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...

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,&...

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...

“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 ...

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...

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...

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...

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...

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...

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...

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...

Terrence (Terry) F. McMahon, Q.C., recently retired from the Court of Queen’s Bench of Alberta, is returning to Field Law’s Calgary office as Senior Counsel. The Field team is eager to welcome him back to the firm and bringing years of experience with ...

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 ...

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”.

Anne Côté discusses Privacy Rights in the Digital Age on Alberta Primetime. There's a camera-ready phone in almost every pocket capable of capturing your image and sharing it in an instant - on Facebook, Youtube, even the six o'clock news.While there a...

The Lawyers and Staff of Field Law offer their condolences to Jeanne and the family on the sad loss of Peter Lougheed. We remain proud that part of Peter's early career was spent with our firm, known at that time as MacDonald, Moore, Lougheed, Atkinson...

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. ‘...

Field Law is pleased to announce that associate Richard Stobbe has been named the Vice-Chair of the Technology and Intellectual Property Law section of the Canadian Bar Association.

Field Law congratulates Hon. Terrence McMahon as he retires from the Court of Queen’s Bench effective September 4, 2012. Mr. McMahon was an integral part of Field Law’s Calgary history when MacDonald, Moore, Atkinson, McMahon & Tingle formed in 1966. T...

Field Law's Calgary office welcomes the arrival of articling student Adam Oppenheim to the Firm!

On August 27, 2012, the Field Law Calgary office welcomed Joel Fairbrother to the Labour and Employment practice group.

A new decision of the Supreme Court of Canada highlights a fundamental difference between purely no-fault automobile insurance jurisdictions like Quebec and fault-based automobile insurance jurisdictions like Alberta. The facts...

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...

Field Law's Calgary office welcomes the arrival of articling student Farah Mohamed to the firm!

Field Law's Edmonton office welcomes the arrival of their 2012 articling students Chantel Cabaj, Elsa Johnson, Imane Semaine, and Matthew Turzansky.

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 ...

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...

Field Law's Calgary Office welcomes to the fold summer students Christina Brownlee and Jessica Robertshaw. Christina has just finished her second year of studies at the University of Alberta Faculty of Law. Jessica comes to us from the University of Ca...

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...

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...

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...

Field Law is excited to welcome summer students Pablo Retamozo Landeo to our Edmonton office and Daniel McPherson, who is back with us again for a second summer in the Calgary and Yellowknife offices.

Field Law is excited to welcome summer students Christina Brownlee and Jessica Robertshaw to the Calgary office.

Field Law's publications were some of the most read in Canada according to a the global advisory content supplier Mondaq. In the month April, Field Law was given the Contributor Most Read in Canada award. Mondaq pulls its information from their site as...

Collections Law in Alberta is now available for purchase! Congratulations to authors Sandeep Dhir and Anna Lund of Field Law. For more information on collections services offered by Field Law, please visit our Debt Recovery and Restructuring page.

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...

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...

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...

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...

Field Law is proud to announce that our own Brian Vail has been singled out for his achievements by appointment as a Queen’s Counsel. This is an honour bestowed upon lawyers by the Lieutenant Governor in Council for outstanding contributions to the leg...

Field Law welcomes Shohini Bagchee as our Registered Canadian and US Patent Agent. Shohini Bagchee is a patent agent with Field Law's IP & Technology Law Group. Her work includes the drafting, filing and prosecution of patent applications before the Ca...

"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...

Field Law is pleased to welcome back Jeremiah Kowalchuk as a partner to the Edmonton office. Jeremiah has been practising law in Edmonton since his call to the Bar in 2003. He articled at Field Law and practiced here as an associate until 2006. From 20...

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...

There's a camera-ready phone in almost every pocket capable of capturing your image and sharing it in an instant - on Facebook, Youtube, even the six o'clock news. While there are some laws addressing what organizations can do with your image, protecti...

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...

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...

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.    ...

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...

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...

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...

Field Law is pleased to announce the addition of our newest associate to the Calgary office, John Gilbert. John grew up in Lloydminster, Alberta/Saskatchewan before moving to Edmonton to attend the University of Alberta. At the UofA, John received a Ba...

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.

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...

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...

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...

When to call a Mentor - How to mitigate litigation problems

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...

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...

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...

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,...

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...