What legal issues should construction and trades business owners be aware of throughout all stages of a project? What financial processes should be in place to help owners operate successfully?  Join Field Law's Anthony Burden and KWB Chart...

Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for a special holiday roundtable.  At this roundtable, our seasoned guest panelists with discuss anticipating and responding to challenging issues ...

With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nationa...

What happens when a party who has agreed to arbitrate its dispute goes bankrupt? If the arbitration process compromises the efficiency of the receivership process, the Court may decide to deal with the dispute and the entire bankrupt e...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide clari...

In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite...

Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legislati...

Employers have been navigating the COVID-19 pandemic longer than we anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote or...

A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions. In Bryant, three employees whose employment was terminated on 60 days’ notice argued they had...

The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in investig...

All members of the public can support community-minded projects by casting their vote online at fieldlawcommunityfund.com. October 6, 2022 - Starting today, Alberta and Northwest Territories residents are invited to vote for their favourite communi...

The Federal legislation declaring September 30 as the National Day for Truth and Reconciliation a statutory holiday represents a valuable and important continuation in the truth and reconciliation process. It provides an opportunity to commemorate and ...

Over the last two decades, we have slowly realized that our personal information is not nearly as personal or private as it used to be. It seems that someone or something is attempting to collect and use our personal information at every turn. Both the...

Amendments to Canada’s Patent Rules, coming into force on October 3, 2022, will introduce excess claim fees into Canada’s patent regime (amongst other changes). If examination of a Canadian patent application is requested on or after Octobe...

Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

In a September 9, 2022 decision, the Court of King's Bench provided the first ruling on pre-judgment interest since Insurance (Enhancing Driver Affordability And Care) Amendment Act, 2020, SA 2020, c 36 (the "Insurance Amendment Act"...

Registered and non-registered charitable organizations, community associations, and individuals are encouraged to apply September 6, 2022 - Field Law is now accepting applications to receive this year’s funding through the Field Law Community ...

In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...

A recent case from the Alberta Court of Appeal demonstrates that claims in pure economic loss can be difficult and that there needs to be sufficient directness or relatedness of relationship and damage for a party to succeed. In addition, individual pr...

Field Law is pleased to announce that 39 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

The Prompt Payment and Construction Lien Act (“PPCLA”) comes into force on August 29, 2022, nearly two years after Bill 37 was first tabled. With only five days left, here are the top five things for all construction companies and...

Join Kelly Nicholson and the Alberta Small Brewers Association for a presentation and Q+A session on employment law fundamentals.Topics covered will include: Why employers should have a written employment agreement Most important provisions to in...

The Alberta Court of Appeal confirmed the test for constructive dismissal and reaffirmed that the onus is on the employee to decide whether they accept the new terms of employment within a reasonable timeframe - in this case, ten business days.  ...

Introduction  Stock options are a type of security granted by a corporation (the "Issuer") to a person (the "Optionee"), giving such Optionee the right, but not the obligation, to purchase an underlying security of the Iss...

In June 2022, the Government introduced Bill C-27, an Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. A major component of this propose...

Estate planning isn’t a fun topic, but it’s essential. That’s especially true for business owners, from sole proprietorships to corporations. Be sure your final plans meet your hopes and expectations for your business—for the sa...

The Supreme Court of Canada just released a decision of critical importance to professional regulators addressing when delay in administrative proceedings constitutes an abuse of process justifying a stay of proceedings: Law Society of Saskatchewa...

The Alberta Court of Queen’s Bench recently held that the employee was not constructively dismissed when placed on an indefinite unpaid leave for failing to comply with a mandatory mask policy. This decision suggests that when an employee re...

Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following qu...

Introduction It is often exciting to embark on a new business venture which aims at providing solutions and products that could potentially "change the world". However, in the course of developing and executing a new business idea, it beco...

What You Need To Know In the case of Rice v Shell Global Solutions Canada Inc, the majority of the Alberta Court of Appeal emphasized the importance of clearly identifying the term of an employment contract and the parties’ obligations and e...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...

Join Field Law and Collision Analysis Ltd.'s Craig Good and Steve Thannhauser for a complimentary lunch and learn that will provide insurance professionals with a general overview of forensic investigations and guidelines f...

Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for our first lunch time roundtable in a couple of years! This roundtable is designed to help complaints directors and other regulatory professionals better un...

Whether you're currently considering selling your business, or you want to ensure your business is in optimal shape and attractive to potential future buyers, as a business owner you should be aware of strategies that will set you up for success.Jo...

Authors: Christin Elawny and Nada Ladhani The modern workplace is becoming more multigenerational and diverse, which is driving change to workplace policies and practices. As organizations review and consider adjusting their workplace policies, t...

Bill 23 was introduced by the Alberta Government on May 2, 2022. As we previously reported, the Bill will bring major changes for 22 professional regulatory organizations in Alberta.Join James Casey, QC, Katrina Haymond, Gregory Sim...

Introduction If you have a private corporation looking to raise capital, here's a list of common pitfalls to watch for. Securities laws are a collection of laws, regulations, policy statements, instruments and rules that regulate, among other th...

A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability.  Facts Pinksen owned a car, and her husband allowed Rampersad t...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues ...

On May 2, 2022, the Alberta Government introduced Bill 23, the Professional Governance Act. Bill 23 represents a major overhaul for professional regulatory legislation in Alberta. The Bill would repeal the governing statutes for 22 professions and...

Inflation. Climate change. A lingering pandemic. Risk abounds for business as we reach the mid-point of 2022. Here are 10 issues business leaders should be reviewing as they prepare for the hard-to-predict months ahead. Throughout the COVID-19 pande...

The concept of unconscious or implicit bias has become prominent in recent years. Professional regulatory organizations are attempting to understand how unconscious bias can impact decisions and what can be done to mitigate the risks of the impact of u...

The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...

In Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177, the Court of Queen's Bench provided a clear statement on prematurity and the timing of judicial reviews from administrative bodies. In this case, the regulated membe...

The Government of Alberta recently announced a timeline for its "Streamlining Professional Legislation" project, which will introduce new umbrella legislation for the regulation of 22 non-health professions in Alberta. The Government is expec...

On March 1, 2022, the Province of Alberta entered stage 2 of the Government’s three-stage process for easing COVID-19 restrictions, which resulted in the lifting of nearly all remaining public health restrictions, including Alberta’s mandat...

Join Field Law and orthopedic surgeon Dr. Richard Hu MD, FRCSC, for an interactive seminar about: IME Reports: Differing perspectives on the Degenerative Spine  Case Presentations: A question and answer period with a discussion of ...

With all the legislation changes in recent years, it has grown increasingly challenging for condominium corporation boards to understand their financial responsibilities. How can board members ensure they have the right resources in place to manage the...

Congratulations to Katrina Haymond, who has received the honour of Queen's Counsel.  The Queen's Counsel designation is awarded to lawyers who are found to have made a significant contribution to the legal profession or public life in...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

The upcoming changes to Alberta's construction law regime should be top of mind for all parties in the construction industry, with both the Prompt Payment and Construction Lien Act (the "PPCLA") and the Prompt Payment and A...

On March 24, 2022, the Government of Alberta introduced Bill 10, the Health Professions (Protecting Women and Girls) Amendment Act, 2022. Bill 10 amends the Health Professions Act to address female genital mutilation.  The Bill...

Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to insurers in Alberta. Your questions guide the discussion, and we pr...

Join Field Law for Cocktails + Counsel, a complimentary series where your questions will guide the discussion, and our lawyers provide their legal perspectives. This dynamic virtual Q+A session lets you ask questions and hear legal perspectives on i...

What legal issues should small and mid-sized business owners be aware of? What financial processes should be in place to support the business's health?  Join Field Law's Lyndon Thiessen and KWB Chartered Professional Accountants' Al...

A recent decision determined that construction companies cannot be liable for the actions of third-party arsonists. So long as the property owner is making “normal and ordinary use of the property” in that there is “no unusual danger ...

In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...

It is no secret that many companies in Alberta are in financial distress due to COVID-19. While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreading the "call from the bank." ...

What You Need to Know The Alberta Court of Queen’s Bench held that the City of Calgary (the “City”) bore some liability for an accident caused by negligent road maintenance. This decision highlights the legal exposure that can ar...

The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through th...

Join members of our Labour + Employment Group for our annual Year in Review webinar, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Human Rights and Employment. To view the recordin...

The recent family feud at Rogers Communications made for great drama. But don’t overlook the issue at the heart of the dispute. It’s a reminder that business law—not corporate practices—carry the day in court. The closing mon...

COVID-19 has wreaked havoc on businesses across Canada, and many commercial tenants have faced enormous revenue shortfalls. Some of them are wondering whether COVID and its business destruction are legitimate reasons to not pay rent. Are they? Well fo...

Builders’ liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.In Alberta, a Statement of Claim and Certificate of Lis Pe...

What You Need to Know A recent British Columbia Human Rights Tribunal (BCHRT) decision awarded $30,000 in damages to a restaurant employee due to the actions of a co-worker who repeatedly and deliberately misgendered them by referring to them using ...

Now that the dust has settled after Redwater, who ultimately pays for the environmental cleanup in insolvency scenarios? On February 4th at the Annual Review of Insolvency Law Virtual Conference, Logan Maddin is on the panel to discuss whethe...

What legal issues should medical practitioners be aware of when operating a private practice? What financial processes should be in place to support the business's health?  Join Field Law's Britt Tetz and Marc Yu and KWB Chartered Profe...

Learn about the most important professional regulatory court cases of 2021. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, QC and Katrina Haymond, this popular annual webi...

On July 7, 2020, the Government of Alberta introduced Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020. The intent of Bill 32 was to support economic recovery, restore balance in the workplace, and get Albertans back to work.Whil...

Posting either a lien bond or cash as security to discharge a builders' lien is standard practice in Alberta. Seemingly, this is because the lien claimant is not prejudiced by the posting of one form of security over the other.  But is a ...

Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series covered Labour and Occupational Health + Safety. To view the recording for Part 2,...

Payment disputes on construction projects are extremely common. With margins being low to begin with, contractors often find themselves financially strained and unable to cash flow their business operations to complete projects. One common form of re...

Field Law welcomes Jill Bishop and Richard Stobbe to its partnership.Field Law is pleased to welcome Jill Bishop and Richard Stobbe as firm partners, starting January 1, 2022.“Both Richard and Jill have demonstrated leadership and commitment to e...

With almost two years of a pandemic behind us, employers have proven nimble at adjusting to the demands of ‘the new normal workplace’ including remote working and flexible working options all while maintaining their organizational culture.&...

Is a plaintiff's understanding of the law, and how it might apply to their claim, relevant to an assessment of when a limitation period expires? In Lafferty v Co-operators General Insurance Co, 2021 ABCA 359, the Alberta Court of Appeal r...

In this episode, Lisa Statt Foy helps to clear up some of the misconceptions associated with the topic on the probate process, Power of Attorney, and enduring power of attorney relating to real estate. As these issues affect REALTORS®...

Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find ...

As we all learn to live with COVID-19 and as workers move back into the workplace, many employers have implemented various types of policies regarding COVID-19 vaccination. A few months have passed, some specific legal cases have started to slowly...

Field Law has announced the recipients of its 2021 Community Fund Program and the Yellowknife chapter of the Crazy Indians Brotherhood is a beneficiary. Click here to read the full story. 

Dec. 1, 2021 – Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Program, distributing $75,000 to deserving organizations across Southern Alberta, Northern Alberta and the Northwest Territories.Fro...

Before any mining outfit can swing a geologist’s hammer, it needs to understand how Indigenous rights will shape their work. And the rules are different across the territories. That’s just the way it is, so it helps to get a little guidance...

When the COVID-19 pandemic started, governments worldwide reacted to this unprecedented health crisis with similarly unprecedented public health measures, including orders for non-essential businesses to close their doors to the public.Many businesses ...

Various questions arise from the competing interests of employees and employers when dealing with mandatory vaccination policies. While there were labour arbitration decisions relating to influenza and other vaccines, until very recently, there were ...

The ability of employers to monitor and control the actions of their employees is limited. However, employers can be vicariously liable for the actions and omissions of their employees. This means that employers will be liable for acts or omissions, ...

Join us for Coffee + Counsel, a complimentary webinar series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to professional regulatory organizations across Canada. Your questions guide the discuss...

Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing pr...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

At Field Law, we continually aim to provide the best legal advice and client service in western and northern Canada; receiving recognition for work we are passionate about is simply a bonus. We are proud to announce we have been recognized as one ...

Many regulators have to deal with vexatious litigants. Some complainants or registrants commence baseless legal proceedings against the regulator if they disagree with its decisions. Responding to these proceedings is time-intensive and expensive, es...

For employers operating in Alberta, Dec. 1 will bring a brand new occupational health and safety regime, as the province enforces its new OHS act.Canadian HR Reporter recently spoke with Steve Eichler, partner at Field Law in Calgary, about w...

In Alsaadi v. Alberta College of Pharmacy, 2021 ABCA 313, a majority of the Alberta Court of Appeal adopted a very narrow interpretation of language common to professional regulatory statutes. The case involved a pharmacist, Alsaadi, fou...

In Canada (and jurisdictions with similar laws), foreclosure is when someone defaults on their mortgage payments, and the lender takes control of the property. Lenders will try to sell the property to recuperate the mortgage money. Foreclosures are reg...

The Superintendent of Insurance has approved amendments to the Standard Auto Policy Form No. 1 (“SPF No. 1”) that will take effect January 1, 2022. The most significant amendments relate to Bill 41: Insurance (Enhancing Driver Affordab...

The concept of government liability in negligence for policy vs. operational decisions has existed for some time. Core policy decisions are exempt from liability, whereas operational decisions are subject to the usual common law liability consideration...

Field Law is proud to be honoured in the Insurance Business Canada magazine and website as a recipient of the 5-Star Insurance Law Firm Award. The Award is a result of 15-weeks research, surveying insurance leaders and a wide r...

Avid Field e-blast readers will recall our reporting that on December 9, 2020, the Government of Alberta passed Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, which amended various work-related statutes, including Alberta’s&nbs...

On October 26, 2021 the Government introduced Bill 49, the Labour Mobility Act (the “LMA”), and proceeded to give the new Bill first reading. Given that the Fair Registration Practices Act (the “FRPA”) was introduced by the Gove...

In a decision released last Friday, the Supreme Court of Canada affirmed the exclusive jurisdiction of labour arbitrators to consider all matters falling under a Collective Agreement, including human rights claims. In Northern Regional Health Auth...

The Alberta Human Rights Commission (“AHRC”) recently issued written guidance on vaccine mandates and proof of vaccination. Here are a few key takeaways for employers, service providers, and landlords:  Employers, service providers...

In this episode, Lisa Statt Foy, brings her wealth of legal knowledge to our discussion to help REALTORS® understand the potential pitfalls and best practices related to the use of images, trademarks, copyrighting, and more. With the expl...

Until recently, a person’s ability to sue for privacy concerns in Canada has been limited to traditional torts such as defamation, negligent/intentional infliction of mental distress, breach of confidence or harassment. This has not been satisfac...

A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney i...

Join Erin Berney and John Gilbert for a special edition of People, Pets + Parking! As it becomes more and more common for condominium Property Managers to also manage Homeowners' Associations (HOAs), it's important to be aware of the simil...

Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...

In the insurance industry, circumstances can – and often do – change in the blink of an eye. Join Brian Filips, Jill Bishop and Angela Beierbach of Field Law's Insurance Group for a complimentary webinar on recent developments in t...

Residents of Alberta and the Northwest Territories have a unique opportunity to support local charities, groups and organizations by casting their vote for recipients of this year’s  Field Law Community Fund Program (the Community Fund).Fiel...

As COVID-19 infection rates and corresponding hospitalizations continue to climb in Alberta, employers are increasingly implementing mandatory vaccination policies to keep workers safe. Failing to comply with mandatory vaccination policies often result...

While the Alberta Builders’ Lien Act has been in force and essentially unchanged for several decades, it will soon evolve with the enactment of the Prompt Payment and Construction Lien Act. This new legislation will introduce significant changes ...

Understanding the forces and motions experienced during injury causing events can be an important consideration when evaluating causation in the context of personal injury litigation. Whether it's a slip and fall or a motor vehicle collision, human...

Prompt payment legislation has been in force in the United Kingdom for almost 30 years. Notwithstanding its reported effectiveness overseas, it has been slow to gain traction in Canada. In July 2018, Ontario enacted the "modernization" of its...

Join Erin Berney and Niall Burke for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property mana...

The Builders’ Lien Act (“BLA”) sets out deadlines for registering builders’ liens. However, determining if a lien has been registered out of time can be tricky. Whether the work performed by a contractor or subcontract...

The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly, only the most fortunate of businesses have not been adversely impacted. As waves of the virus have strained our healthcare system, it has also caused signifi...

Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes.Join Ayla Akgungor, Chelsey Bailey and Gregory Sim from Field Law’s Pro...

SEPTEMBER 7, 2021 - Field Law, a western and northern regional law firm, is pleased to formally launch applications for its Field Law Community Fund Program, which will distribute $75,000 in funding between Northern Alberta, Southern Alberta and the No...

The Income Tax Act (Canada) (the "Act") was recently amended by private member's Bill C-208 (the "Bill") to address an inequity disadvantaging intergenerational transfers of businesses to family members. It is common for busines...

Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

The capital gains exemption is not dying completely, but there is a broader way to use it now than there has been before, or likely, ever will be again. Canadian-resident individuals have long faced an unfair scenario when trying to pass along their fa...

CALGARY – August 16, 2021 –Field Law’s Emerging Technology group is pleased to announce a new alliance with the Alberta Esports Association (AESA), a not-for-profit organization established in 2020 that serves as the governing body fo...

The Supreme Court of Canada ("SCC") recently set the standard for what knowledge a claimant needs to have to trigger the limitation period to sue. In In Grant Thornton LLP v. New Brunswick, 2021 SCC 31, the SCC rejected the Court of Appeal...

Abandoned homes have been an issue for landlords of manufactured home communities for a long time. They can be rather complicated, and knowing when a Quit Claim and Release by the tenant is appropriate, and when to bring a court application can be conf...

Jonathan Swift once observed that there is nothing constant in the world but inconsistency. The truth of that statement is nowhere more apparent than in the Canadian law governing family status accommodation, where the legal test applied to a...

During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were directly or indirectly forced to lay off employe...

Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision high...

Join Erin Berney and Niall Burke for the second installment of our complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issue...

“Justice delayed is not always justice denied.” (Abrametz at para 171) For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the lea...

In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the &ld...

Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes. Join James Casey, QC, Katrina Haymond, Jason Kully and others from Fiel...

What is Bill 70? Multiple provinces across Canada have implemented legislation to create liability protection against COVID-19 for employers and their workers in health sectors. As of June 17, 2021, Alberta joins these provinces with Bill 70, more comm...

Despite the breadth and depth of the effects of the pandemic, we have not seen many reported court decisions considering the impact of federal emergency pandemic payments on termination pay. In fact, to date, only two reported decisions appear to have ...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determining...

Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...

The prevalence of fraudulent activity has increased during the COVID-19 pandemic. In 2020 alone, the Canadian Anti-Fraud Centre reported 70,948 cases of fraud, with $108.8M lost to fraud. Between March 6, 2020, and March 31, 2021 alone, $7.25...

How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constructi...

The COVID-19 pandemic has shut down, postponed and otherwise significantly impacted amateur sports in Alberta. For the foreseeable future, amateur sports organizations will need to alter the delivery of their programs to comply with shifting regulation...

Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legis...

Join Erin Berney and Niall Burke for a complimentary new webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property ...

Will kits are inexpensive, but that may be their only redeeming quality. It can be very tempting to pick up a $30 fill-in-the-blanks Will kit rather than retaining a lawyer, but before you do, you should consider the risks involved.A Will kit can be pu...

With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to ke...

What happens when the owner isn't covered by the Workers' Compensation Act? A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability of...

Serving on a professional regulatory tribunal is one of the highest forms of service to your profession. It is also a big responsibility. As regulatory hearings become more complicated, tribunal members may find themselves involved in longer and more d...

In Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4, the British Columbia Court of Appeal made a strong statement about the duty to cooperate and offered a reminder of who makes the rules whe...

Reform of Agencies, Boards and Commissions (Post-Secondary Institutions) Compensation Regulation Extended to More Post-Secondary Executives as of April 1, 2021 On March 24, 2021, the Alberta Government passed an amendment to the Reform o...

If you have questions about government procurement, we’ve got some answers. Government spending in local communities is the backbone of economies across the north. Governments know that and they’ve developed policies to steer as much spendi...

Condo Insurance is complex and can cause headaches for brokers, adjusters, underwriters, condo boards and property managers. Learn how to navigate through the legal landscape of condominium insurance. Join Erin Berney as she presents this virtual ...

Ontario Arbitrator finds that one instance of racial slurs creates the rebuttable presumption that termination is within the range of reasonable disciplinary responses. The Ontario arbitration case of Levi Strauss & Co. v Workers United C...

Congratulations! You’ve decided to acquire a brand new business or pass on the one you’ve built over the years. That’s great news but be prepared. You’re getting down to some serious brass tacks.  Here are some pointers to ...

Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to automobile insurers in Alberta. Your questions guide the discussion...

Did you miss the Field Law Labour + Employment Group's annual Year in Review? The recordings are now available! Is employer-friendly OHS legislation coming to a worksite near you? What are the impacts of COVID-19 on employment legislation a...

Humans love to look at faces – our families, our friends, complete strangers. In some ways, our brains are optimized for facial identity recognition. We’re good at it, so of course we want to teach machines how to do it even bette...

In one of the more noteworthy trends visible in human rights decisions throughout the last few years, human rights tribunals across the country have been increasing monetary awards to successful complainants – sometimes incrementally, sometimes i...

Since 2014, Canadian courts and tribunals have struggled with the application of the duty to act honestly in the performance in contractual obligations, recognized by the Supreme Court of Canada ("SCC") in Bhasin v Hrynew. In attempts to...

A Canadian band, The Tragically Hip, has sued a brewer for the use of a beer name that mimics the title of one of the band’s popular songs.Mill Street Brewery, a brand owned by Anheuser-Busch InBev (the world’s largest brewer), has a beer b...

Learn about the most important professional regulatory court cases of 2020. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, QC and Leanne Monsma, this popular annual webinar ...

Prime Minister Trudeau announced new legal requirements for entry into Canada in an effort to further curb the spread of COVID-19 and protect Canadians.  Cancellation of Flights  As of January 31, 2021, Canadian airlines have agreed to ca...

In Conway v. Griff Building Supplies Ltd., 2020 CarswellBC 3112, an employee was found to have resigned verbally during a meeting, despite failing to provide a formal resignation letter. The Court considered the matter from the ‘perspec...

In 2014 the Supreme Court pronounced that good faith contractual performance is a general principle in the common law of contracts and that there is a common law duty applicable to all contracts to act honestly in the performance of obligations; B...

Canadian Travel Requirements Travel into Canada continues to be regulated (see our previous post with details) and the monthly extension of restrictions remains without any end in sight. In late December 2020 the federal government announced a new...

The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ...

The idea of gathering around a boardroom table in the era of COVID-19 seems off, given current public health advice. Still, corporate directors must continue to do their jobs—even if they must do them from their dining room tables. These five tip...

This year has been marked by accelerated efforts to amend existing federal and provincial privacy legislation.  As anticipated, the Alberta Information and Privacy Commissioner (Commissioner) has proposed a number of amendments to the Freedom of I...

The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation.  Tokio Marine & Nichido Insurance Company v. ...

The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to gra...

The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao, 20...

The Alberta Court of Queen’s Bench considered the rules for admissibility of affidavit evidence at length. ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, per Topolniski, J. Facts + Issues This case concerned ...

A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E Va....

The COVID-19 pandemic has seriously affected peoples’ mental health, and its impacts can be felt in the workplace. Occupational health and safety law requires that employers take steps to promote their workers’ psychological well-being. Joi...

On December 1, 2020, the TSX Venture Exchange ("TSXV") announced new policy changes to its "capital pool company" ("CPC") program. The CPC program is a two-step non-traditional listing vehicle that provides private and gro...

When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abuse ...

Consider this all too familiar scenario:An employer receives a complaint that an employee is allegedly bullying and harassing a co-worker. As part of the investigation, the employer interviews both the complainant and the subject thoroughly and thought...

Join Field Law for another edition of Cocktails + Counsel, this time co-presented with PARK. This complimentary series brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to local business owners in th...

Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficult ...

A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.  The types of personal decisions that an age...

Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:•    An overview of the law on spoliation   •    Knowing when to engage th...

In Facey v Bantrel Management Services Co., 2020 ABQB 719 Rob Rakochey and Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case.  The respondent to the appe...

On November 24, 2020, the Government of Alberta announced additional restrictions in response to the growing number of COVID-19 cases in the province. Effective November 27, 2020, many businesses will be subject to closures, limited capacity, or appoin...

Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Bill 46 also represents the fourth major reform to the regulation of he...

Join Field Law, in conjunction with the Alberta Sheriff’s Department, for a webinar on how landlords can deal with undesirable behaviours of tenants located in their communities.Safer Communities and Neighbourhoods (SCAN) is a confidential, compl...

In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (“Hannam”), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decision a...

This year has been tough on the world. All levels of government are consistently implementing new strategies in hopes of counter-balancing the negative effects of COVID-19. In the last month, two major announcements have been made that will affect Albe...

The proclamation of the Health Professions Act in 2001 was the culmination of 7 years of policy analysis as well as broad-based repeated consultation with the public, other stakeholders, and regulatory colleges. This lengthy and careful process of regu...

Bill 46: Health Statutes Amendment Act, 2020 (Bill 46) was recently introduced in the Alberta Legislature. The omnibus bill amends a number of pieces of health legislation, including the Health Information Act (HIA). As the Minister of Health...

Canada’s privacy laws have arguably lagged behind the European Union for years. The EU’s General Data Protection Regulation (GDPR) has incorporated a human rights-based approach to privacy within its data protection legislati...

While sports competitors owe a duty of care to other players, the fact of an accident or injury occurring during gameplay does not necessarily establish that the Defendant competitor was negligent. There must be a failure to take appropriate care, as a...

The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the word...

The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228 Facts + Issues Plaintiff Ewashko, represented by his mother, suffered a significant birth inj...

Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586 Fa...

For damages under the Fatal Accident Act, the plaintiff need not prove that the defendant’s tort was the sole cause of the death, but only that it contributed to the death. The “but for” test for causation is applicable for this and m...

On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...

Update: On October 15, 2020 the Supreme Court of Canada (SCC) granted the applications for leave to appeal. The judgment of the Federal Court of Appeal, in York University v. The Canadian Copyright Licensing Agency (“Access Copyright”), Num...

While all workplace investigations are unique, there is a general pattern to the order of operations:  A complaint is received.  The complainant is interviewed.  Documents and other supporting evidence are gathered.  Witne...

Have you reviewed the wording of your long-term incentive or other bonus or benefit plans for employees recently? If not, this is something employers will want to consider after the release of the Supreme Court of Canada’s decision in Matthe...

The use of social media is widespread in today's world. It is used by nurses, doctors, lawyers, engineers, and other professionals to communicate with friends and others in both their professional and private lives. Social media use by professional...

Join Field Law for the second installment of a complimentary new webinar series that brings you together (virtually) with a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal pers...

Employment contracts don’t have to be difficult, but do take care. Making a new hire can be a happy time for a business. That said, it’s important to take the long view and make sure your employment contract covers the issues that are impor...

When a business is sold, it is common that its employees will continue working for the purchaser after the sale. If the purchaser later decides to terminate their employment, complex issues around determining their entitlement to reasonable notice may ...

Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA whe...

CALGARY – September 8, 2020 – Supporting our community has never been more important. Field Law is proud to announce the 2020 winners of the Field Law Fund Community Program, distributing $60,000 in funding to local charities and organizati...

It comes as no surprise that amidst all of the chaos and changes resulting from the COVID-19 pandemic, the Canadian and US immigration landscapes changed in many ways over the summer, both big and small. Processing of all types of immigration applicati...

The importance of a prompt and meaningful investigation into a workplace complaint was highlighted in Bassanese v German Canadian News Company Limited. An employer was ordered to pay $50,000 in aggravated damages for failure to properly ...

Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

The Federal government has announced a four- week extension to the Canada Emergency Response Benefit (CERB).As explained by the Government of Canada, the CERB is being extended from 24 weeks to 28 weeks for workers who: stopped working due to COVID...

Employers have an obligation to investigate allegations of employee misconduct. While employers are often aware of their obligations to take allegations of employee misconduct seriously, it is equally important that workplace investigations are fair to...

The British Columbia Court of Appeal held that while a car dealership which failed to secure a vehicle on its lot may be liable for an accident which occurs as the thief drives out of the dealership, it was not liable where the thief drives away from t...

Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract exper...

An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC 219...

The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not sufficient...

A plaintiff’s incapacity does not, as a matter of law, relieve him/her of the obligation to mitigate their damages; the issue of mitigation must still be put to the trier of fact.Little v Floyd Sinton Limited, 2019 ONCA 865 per Roberts, J.A. Fa...

The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith.Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The Plaint...

The Ontario Court of Appeal reiterated its disapproval of distributive cost orders but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to the case....

In March 2020, the world shifted and many employees had to adapt to working from home. Now several months on, many employees are hoping to make this arrangement permanent. Having your employees work from home may benefit and be feasible ...

A tumultuous new reality has spread across the international economy. While some will weather troubled times well, or even profit from them, others will experience a more negative impact. Competent financial planners will consider different scenarios t...

FOR IMMEDIATE RELEASE JULY 22, 2020 - Field Law, a western and northern regional law firm, has opened applications for its Field Law Community Fund Program (the Program), which will distribute $60,000 in grant funding between Northern Alberta, Southern...

Join Field Law’s professional regulatory lawyers and your colleagues from other health regulators for a free webinar on July 30 from 4:00 PM - 5:30 PM. Alberta Health’s discussion paper “Proposals to Amend the Health Professions...

Last December, the Supreme Court of Canada heard two appeals concerning contractual good faith issues. The first involved an appeal of the British Columbia decision Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BC...

Cannabis retail outlets, producers, manufacturers, distributors and warehouses were deemed to be essential services by the Alberta Government on March 30, 2020. As a result, cannabis businesses and services can and have continued to serve Albertans thr...

Field Law presents a new series that brings together you and a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal perspectives. As businesses open up again, and employees retur...

It is no secret that, due to COVID-19 and the collapse in oil prices that many companies in Alberta are in financial distress.  While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreadi...

UPDATE: Bill C-20 passed Royal Assent on July 27, 2020. As a result, the changes to the Canada Emergency Wage Subsidy program, described in detail below, came into force on July 27, 2020. On July 17, 2020, the Canadian government proposed changes to...

UPDATE: Bill 32 passed Royal Assent on July 29, 2020. As a result, the changes to the Employment Standards Code and the Labour Relations Code, described in detail below, will begin to come into force. The now passed legislative amendments com...

The COVID-19 pandemic forced many employers and their employees to abruptly adopt work-from-home arrangements. Although the relaunch of the Alberta economy is underway, employers and employees have become accustomed to remote work and “Zoom&rdquo...

On Monday, July 6, 2020, the Government of Alberta tabled Bill 30, the Health Statutes Amendment Act, 2020. This proposed legislation amends a number of existing Acts, including the Alberta Health Professions Act. The Health Professions Act e...

Health care organizations have had to adapt quickly during the COVID-19 pandemic. In addition to managing an unknown disease and focusing on patient care, day to day operational life has changed- videoconferencing, fit for work screening, and liab...

As we reported in April, the Government of Alberta previously announced an extension of the temporary layoff period in Alberta’s Employment Standards Code (the “Code”) from 60 days to 120 days.Recently, the Government of Alberta intro...

Over the last seven years the Field Law Community Fund Program has awarded funds to support 96 organizations and charitable initiatives throughout Alberta and the Northwest Territories. With $550,000 donated in support of these local charities to date,...

On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA&rd...

The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct. The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians and...

Enforcing rental arrears and other tenant breaches under a Lease are an important aspect of a Landlord’s business and recently proclaimed amendments to the Mobile Home Sites Tenancies Act are going to have a direct impact on how Landlord’s ...

The Alberta government is moving forward with Bill 23, the Commercial Tenancies Protection Act (“CTPA”). The Bill was tabled in the Legislative Assembly on June 16, 2020 and passed First Reading the same day. This is a government Bill,...

The Federal Government recently announced an extension to the Canada Emergency Relief Benefit (CERB). The program, set to expire at the end of June, will now be available to support Canadians unable to work due to the COVID-19 pandemic till the end of ...

As endless as these past few months have seemed, it was not so long ago that most workplaces had to abruptly wrestle with how to scale down and make sometimes drastic changes to the way that their work gets done in the face of the COVID-19 pandemic. Wh...

As restrictions begin to lift, many employers are recalling employees from temporary layoff. In some cases, employees are responding to the request to return to work by resigning. As a result, many employers are wondering whether they are complicit in ...

As we begin to find a new normal and economies undergo the re-opening process, the return of amateur sports is now emerging on the horizon.  This is a happy development that will have a profound positive impact on the physical and mental health of...

With proclamations and Orders-in-Council slowing down to a trickle, we can now take stock and note some trends in the new era of immigration law. While the Canada -US border will remain closed until at least June 21, 2020, Canada continu...

An employer may be vicariously liable for a data breach caused by the tort of an employee depending on the circumstances.WM Morrison Supermarkets plc v. Various Claimants, 2020 UKSC 12, per Lord Reed rev’g 2017 EWHC 3113 (Q.B.) and 2018 EWCA Civ ...

Courts are granting opposed orders for video hearings, including discoveries by video conference as necessary in the modern age, especially in light of restricted court operations due to the COVID-19 pandemic.   Arconti v. Smith, 2020 ONSC 27...

An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...

The Court set out how to analyze whether or not the exacerbation of pre-existing injury would exceed the minor injury threshold under Ontario legislation, which provides guidance for the same issue under Alberta’s minor injury cap. Mann v. Jeffe...

The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...

In Alberta, as in most other provinces, generally wills, powers of attorney and personal directives need to be signed and witnessed in person for the documents to be legally valid.  Our wills legislation allows certain departur...

Alberta’s Ministry of Justice and Solicitor General has announced a process for remote witnessing and signing of wills, enduring power of attorneys, and personal directives during this time of public emergency. Temporary amendments have been...

In a bid to help combat the spread of the novel coronavirus (COVID-19), Alberta has become the first Canadian province to launch a contact tracing app to track community transmission of COVID-19.Alberta released the app, ABTraceTogether, on May 1, 2020...

On May 13, 2020 we hosted a webinar about pandemic-related work refusals as Alberta and other governments enable businesses and other organizations to reopen and call employees back to work. The most frequently asked question was: What do I do with an ...

This week, as this article went to press, several major Canadian and American universities announced plans to maintain classes online when the fall semester starts in September. Other universities and colleges are making plans to bring students ba...

The Alberta government announced its "safely staged COVID-19 relaunch" and you’re thinking it’s time to call your laid-off or working-from-home crews back to work. Or you’re carrying on providing essential services and the &...

The US Restricts Immigration On April 20, 2020, President Trump tweeted that he would close down immigration in response to COVID-19.  As this was less than descriptive, a Proclamation was issue...

Professional regulators continue to adapt to the COVID-19 pandemic while their public interest mandates carry-on.   Field Law’s Professional Regulatory group will host a virtual lunch time roundtable discussion focusing on a few of ...

An Ontario court held that under an all-risk policy the “physical damage” requirement for coverage may be met by a loss of use, which may have some application for COVID-19 business interruption claims. MDS Inc. v. Factory Mutual Insurance...

Where the driver of a vehicle rented by his employer injured another worker on the job, the action against the lessor of the vehicle was dismissed because, although the owner was not immune under the Workers’ Compensation Act and was exposed in v...

The burden of proof for economic loss (past and future loss of income) for a minor plaintiff with no established career path at the time of the accident is only that of a real and substantial possibility, as opposed to the balance of probabilities.MacL...

The Ontario Court of Appeal held that a trial judge erred in refusing to admit a defendant’s video surveillance evidence in a personal injury action but concluded that had the video evidence been admitted it would not have affected the jury&rsquo...

A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses.Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S. Fa...

The Alberta Court of Appeal found that the territorial limitation provisions in the standard Alberta auto policy apply to the entire policy, such that if the insured is injured or killed in a jurisdiction other than Canada or the United States, there i...

For an auto insurer to have any place in the priority list of insurers in a rental/leased car situation, its policy must provide coverage to a relevant insured. Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company...

For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especi...

With the significant disruptions to civil society, Canadian business owners face a host of immediate concerns. Trademarks and intellectual property are naturally lower on the list, and brand owners should take some comfort that there’s a bit of b...

Field Law is pleased to be listed in the 2020 Legal Lexpert® Directory, with 13 lawyers ranked. The following lawyers have been ranked: Chelsey Bailey - Medical Negligence Roy Boettger, QC - Estate + Personal Tax Planning Jim Case...

What are the best options for your organization now, during the pandemic, and post-pandemic? The response to COVID-19 has resulted in a shut-down of the economy. While the operating costs for organizations have remained, revenues have dropped dramat...

When many people think of signing a contract, the traditional picture is a meeting, a pen and paper, and handshakes at the end. With current social and physical distancing protocols in place, all of these traditional images are jarring. Now, every...

As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, sp...

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the ca...

COVID-19 will result in a big surge in business interruption claims. Get ahead of the curve by getting up to speed on the key issues you will need to know to deal with those claims. Presented by Mike Doerksen and Angela Beierbach, this webinar will pro...

Has your company experienced a decrease in work due to COVID-19? Download our comprehensive roadmap to explore the options you have for assistance as well as other frequently asked questions.

The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020.  Field law has previousl...

On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19. We noted that certain statutes were not included in the suspension order including the Insurance Act. Fiel...

We provided our most recent update on the Canada Emergency Wage Subsidy on April 1, 2020. On April 8, 2020, the Government of Canada announced changes which relax the eligibility requirements for the Canada Emergency Wage Subsidy (the “Subsi...

On March 30, 2020, Ministerial Order 27/2020 from the Minister of Justice and Solicitor General suspended limitation periods and periods of time within which any step must be taken in any proceeding or intended proceeding, from March 17 to June 1, 2020...

On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time.  What we know about the changes so far, and their p...

In the current state of the world where travel is essentially non-existent, employers who rely on any foreign workers are lost in a sea of unanswered questions.  Field Law’s Immigration lawyers have many of the same queries and in an effort ...

As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be loo...

The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided: The Subsidy is available to companies (including partnerships and sole p...

Ottawa has unveiled pandemic financial support. That’s good news for struggling businesses. But remember: there’s no such thing as free money. Pay close attention to your obligations before accepting the help. As you’ve likely hear...

During a pandemic it can be difficult to balance employee privacy rights with the need to collect the information required to make critical decisions. Presented by Katrina Haymond and Kelly Nicholson, this webinar will provide employers with informatio...

Learn about force majeure clauses, and why context is important in interpreting how it might apply to your commercial contracts. Presented by Cameron Hughes and Richard Stobbe, this webinar will review the concept of “frustration” of contra...

The COVID-19 pandemic is presenting profound challenges world-wide stressing the capacity of societal institutions, businesses, and organizations. We know that our professional regulatory clients are facing extraordinarily difficult and unique challeng...

Whether you saw it as a tweet or during a press conference over the weekend, President Trump announced that all social distancing must continue for Americans for at least another month, if not longer. While this isn’t the first or last update on ...

Appointing a personal representative is one of the first substantive things addressed in a Will and one of the key choices a person can make with respect to their estate plan. When a person dies without a will, someone must apply to the Court to obtain...

On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wag...

Recent changes in legislation permit Alberta employers to use electronic signatures and maintain electronic employment records. These legislative changes are particularly helpful as employers navigate increasingly common work-from-home arrangements and...

The Federal Government’s COVID-19 Emergency Response Act contains certain amendments to the Patent Act that permit the Federal Government to authorize anyone to “make, construct, use and sell a patented invention to the extent necessar...

Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19. Part of Bill C-13 brou...

On March 23, 2020, the Government of Alberta announced new measures for private sector employers to help them cope with the financial effects of the COVID-19 crisis. They include: an Education property tax freeze an Education property tax deferra...

On March 17, 2020, Alberta declared a state of public health emergency “due to pandemic COVID-19 and the significant likelihood of pandemic influenza”.While in the normal course, a patient’s right to privacy is paramount, in the face ...

Alberta is now in its fifth year of a depressed economy, and the misery has recently been significantly worsened by the double blows of a severe drop in oil prices and a pandemic. Many Alberta businesses and non-profit organizations are suffering, and ...

The COVID-19 Pandemic has unprecedented and wide-spread impact on commercial obligations. Many business relationships are being disrupted or suspended, and many business deals are delayed or completely cancelled. The global lock-down has...

The status of what businesses can remain open, in what capacity, and with access to whom, is ever-changing in the midst of the COVID-19 pandemic. For ongoing construction projects, or those for which a party has recently performed work, ...

Less than a month ago, we wrote about business travellers who had their phones arbitrarily searched at the border. Two weeks ago, we wrote about travel insurance for those looking to travel for business or even (gasp) pleasure....

The ongoing impacts of the COVID-19 pandemic will likely have many parties looking at their ongoing and future contractual obligations. In the construction context, many contracts will include a force majeure provision outlining what happens when contr...

Things are changing every day in the wake of COVID-19. Unanticipated consequences have begun to cause a fury of questions and unknowns.  The below aims to address both the immigration and tax concerns as it relates to those with assets and ties to...

Learn what employers and employees can and can’t do during the pandemic, and how travel restrictions will affect Canadians. Presented by Christin Elawny and Miranda Sinclair this webinar will discuss up to date information on the ever-evolvi...

As part of a new $82 billion spending package, the federal government today announced that approximately $27 billion would be directed to support for employers and employees affected by the COVID-19 situation. Parliament could be recalled as early as n...

On March 16, 2020, Field Law reported on the Alberta government’s plans to amend the Employment Standards Code to allow employees who are required to self-isolate or care for a family member with COVID-19 to take 14 days of paid leave to cover th...

As the impact of the coronavirus (COVID-19) continues to rise, we are writing to update you on the steps Field Law is taking to ensure the well-being of our employees, clients, and our community. We continue to monitor updates from Alberta Health Servi...

The advice from Canadian public health officials is trending in one direction: increasing self-isolation. Not less.Calgary and Red Deer announced states of emergency earlier this week. Today, Ontario...

While the risk of contracting COVID-19 in Alberta and the Northwest Territories remains low, the situation is fluid and changing quickly. As a result, employers worldwide are balancing the steps necessary to lessen the effects of COVID-19 with continui...

While our office remains open during the escalating global coronavirus (COVID-19) situation in Alberta, we have taken steps to minimize the potential impact of the virus in accordance with our firm’s business continuity plan and th...

As the global coronavirus (COVID-19) pandemic continues to unfold, Field Law has taken steps to minimize the potential impact of the virus. As of March 12, all our offices (Calgary, Edmonton and Yellowknife) remain open and fully functioning.  In...

On-Demand Payment Bonds are the focus of current credit discussion in the energy industry, and certainty of payment and performance assurance is fundamental to building commercial relationships. While On-Demand Payment Bonds are emerging as an option t...

Your much awaited vacation to Asia or Europe is fast-approaching and suddenly you’ve started to take notice of the non-stop coronavirus coverage. Should you cancel? What are your options? Does your insurance cover you? Field Law&rs...

Proline Pipe, an Alberta company, created certain design drawings for pipe bending machines. A former employee took those drawings with him when he left the company. A rival company obtained copies of the drawings and manufactured the pipe bending mach...

Field Law congratulates Derek Cranna, J. Mark Jackson, Christine Pratt, and Sharon Stefanyk on their appointment as Queen’s Counsel.Congratulations to Derek Cranna, Mark Jackson, Christine Pratt, and Sharon Stefanyk, who have received the honour ...

Join Field Law for an informative session on issues that affect modular and manufactured home community associations. Topics covered will include: Fundamental principles and enforcing lease agreements and community guidelines Evictions Post...

On February 26, 2020, the Government of Alberta tabled Bill 3: Mobile Home Sites Tenancies Amendment Act, 2020. When passed, this Bill will change the current dispute resolution regime for mobile home disputes. Currently, all disputes relating to ...

The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J. Facts + Issues ...

Where a driver’s speed is the sole alleged basis of negligence and the driver was travelling at or near the posted speed limit a conclusion that the driver was driving too fast for the conditions, in and of itself, is not sufficient to find drive...

An insured’s statement to his fire insurance adjuster as required by the policy’s statutory conditions is inadmissible in criminal proceedings against him because it is a statutorily compelled statement.R. v Badrudin, 2019 NLSC 187, per Tho...

A defendant’s insurer accepted a plaintiff’s offer in circumstances where a defence independent medical examination report had not been served on the plaintiff (in breach of the Rules), the plaintiff’s subsequent action against the de...

The Court held that a fraudster’s unauthorized use of the insured’s online banking system to make payments against her own credit card debts did not qualify as forgery or alteration under the terms of the policy in question.Malcolm Silver &...

A few months ago, and despite widespread criticism, the Canadian government passed legislation allowing US border officers to conduct warrant-less searches on Canadian soil.  The Pre-Clearance Act implemented a bilateral treaty betw...

The ever pertinent question of when off-duty conduct will constitute just cause dismissal was recently considered by an arbitration board in Prince Edward Island (Canadian Union of Public Employees v A Nursing Home Inc.). An individual was termina...

Canadian courts have traditionally been more reluctant than their American counterparts to recognize torts relating to privacy interests. The American Law Society adopted the following four torts protective of individual privacy some time ago in its we...

In a story that seems tailor made for alliterative headlines, the recent acquisition of Calgary’s Banded Peak Brewing by Labatt Breweries of Canada has raised questions about the fate of the trademark BARLEY BELT.  Banded Peak Brewing a...

In Maude v NOV Enerflow ULC, 2019 AHRC 54, the Human Rights Tribunal of Alberta provided some helpful reminders to employers on the intersection of drug test results and human rights.      In March, 2016, Mr. Maude tested non-n...

Learn about the most important professional regulatory court cases of 2019. What are the key legal trends? What are the strategic and operational implications for regulators? This webinar will be presented by James Casey, QC and Leanne Monsma of Field ...

The Alberta Court of Queen’s Bench has provided some much-needed guidance on solicitor-client privilege in the context of access to information requests in Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2020 ...

While the public risk associated with the Coronavirus in Canada is still considered low, employers should prepare antidotes for the various workplaces issues that arise in the wake of large-scale threats to health. Below are some frequently asked quest...

One of the first decisions issued by the Alberta Human Rights Tribunal in 2020 offers an important reminder in regards to an employer’s duty to accommodate. The decision of Salazar v J.S.L. Investments Corporation (“Salazar”), em...

In 2010 the Government of Canada “launched a national effort to defend against [cyber security] threats with Canada’s first Cyber Security Strategy”: National Cyber Security Strategy (the National Strategy). This outlines three t...

It is not news to anyone that travelling to the US or obtaining a legal US work permit has been increasingly difficult over the last few years. Under the current administration, there have been extensive procedural and policy-related changes which ofte...

Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou...

Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live wit...

Canada’s legalization of cannabis for recreational purposes, in October of 2018, spurred a significant increase in Canadian patent application filings for a wide variety of cannabis-related technologies.Searches conducted on the Canadian Patent D...

Written by James Casey, QC, Katrina Haymond, Greg Sim and Jason Kully, The Annotated Health Professions Act is written for both lawyers and members of professional regulatory associations and provides an overview of Alberta’s Healt...

Entrepreneurs have options when it comes to choosing the legal structure for their business. All have advantages and disadvantages. When it comes to making your choice remember: One size does not fit all. A question I am frequently asked is, what bu...

The Firm welcomes Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu to its partnership.  Field Law is pleased to welcome Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu as partners of the Firm. The addition of four lawye...

The fourth annual Field Law Post-Secondary Summit was held on November 28 in Calgary and was co-chaired by Frank Molnar, QC and Greg Harding, QC. Brief summaries of the presentations given at the Summit are provided below. Innovative Governance During...

As we approach 2020, employers have increasing options for bringing skilled workers into Canada, while opportunities for employees to head south, to the United States, are increasingly limited. Field Law's Immigration Group projects three trends to...

Special costs may be awarded against the insurer in disability insurance litigation in response to a litigant’s personal and financial circumstances, even if there has been no reprehensible conduct or bad faith on the part of the insurer.  &...

An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand...

Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master Facts + Issues The Defendants Russell and Shell...

Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ...

Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...

On November 27, 2019, the British Columbia Ministry of Health Steering Committee on Modernization of Health Professional Regulation released a report titled “Modernizing the provincial health profession regulatory framework”. The report ann...

Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B...

Human rights principles can be at play in many issues faced by professional regulatory bodies. A sound knowledge and understanding of human rights concepts can ensure that regulators are carrying out their functions in a manner that respects and i...

It seems a long way from Alberta’s basement breweries to the halls of the Court of Appeal.  But that line was connected in a long running dispute known as Steam Whistle Brewing Inc. v AGLC.  With enough reading to make any constitutiona...

The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills...

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 ...

Legal professionals offer advice to business owners on when to ask for help.

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 ...

In the excitement of Canadian cannabis legalization, many overlooked that cannabis legislation is in fact focused on controlling the production, distribution, sale and possession of cannabis in Canada to achieve three objectives: Protect young pers...

It has been over a year since Canada legalized cannabis.  Although individuals could make cannabis food and drink for personal use under the legislation, such products were initially not able to be produced or sold commercially.  As of Octobe...

Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so, how much? Why have the rules changed? Are there any benefits to providing advances? Wha...

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 Alberta government introduced Bill 21: Ensuring Fiscal Sustainability Act, 2019 on October 28, 2019. This bill proposes several legislative changes that will impact labour and employment relations in the Province and which raise various considerati...

On October 28, 2019 the Alberta government introduced two bills (Bills 20 and 21) which propose several legislative changes that will impact post-secondary institutions in the Province, as well as their students. The legislation has various aspects wor...

The hashtag “MeToo” went viral in October of 2017. In the two years since then, the movement has had a significant impact on society. It’s had a weighty effect on professional regulators as well. What changes have we seen so far and w...

Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to prov...

The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace.   The City of Calgary (the “City”) ...

The Alberta Court of Queen’s Bench analyzed the application of solicitor-client and litigation privilege in separate, but related tort and insurance actions and confirmed that both the insureds and the insurer are clients of insurer-appointed cou...

The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim.  Na...

Where a visitor on a City of Calgary pedway was assaulted and beaten, the occupier City was held not to owe a duty of care to prevent all crime but, rather, had a duty to maintain an adequate security system in place to detect and respond to crimes wit...

An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.  Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo...

In June 2019, we reported on the Ontario Court of Appeal’s decision in College of Optometrists of Ontario v Essilor Group Inc, where a company, primarily located in British Columbia, sold eyeglasses and contact lenses over the internet ...

Brian Vail discusses Bill 17, the Disclosure to Protect Again Domestic Violence (Clare's Law) Act and the implications on society with respect to the Charter of Rights and Freedoms.

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...

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...

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...

The Alberta Court of Appeal has issued a decision involving the interpretation of the Alberta Public Health Act, which may have broad implications on limiting liability of public bodies. Frank v. Alberta Health Services, 2019 ABCA 332 involves a medica...

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...

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...

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...

The discussion on single-use plastics is heating up across Canada. The federal government announced in June 2019 its intention to institute a nationwide ban by 2021 if re-elected this fall. Meanwhile, a growing number of provinces, cities, and towns ha...

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 Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside ...

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...

Craft cannabis is hitting the market as newly licensed craft producers are coming into operation. With the introduction of the new regulations under the Cannabis Act, the federal government created micro-cultivation licences, often referred t...

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...

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 ...

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 ...

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...

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 tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been d...

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...

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...

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. &nbs...

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...

Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of tho...

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,...

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...

The Supreme Court of Canada may soon be considering the intersection between estate and privacy law as well as the public policy behind the “open court” principle.  The personal representatives of the estates of murdered Canadian billi...

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...

A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligati...

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...

Canada's 2019 federal budget (the "Budget") includes additional insight into the hotly anticipated regulatory regime for cannabis edibles, which is set to come into force in the fall of 2019. The Budget provides for a change to the curren...

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...

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...

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...

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...

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...

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...

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

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...

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...

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...

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...

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...

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 ...

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 ...

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...

Erika Carrasco speaks to Canadian Underwriter about cannabis coverage issues.

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 ...

Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, ...

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...

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...

(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 bet...

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...

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.

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 ...

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.

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.Dion v Security National Insurance Company, 2018 ABPC 242 FACTS AND ISSUES: The Plaintiff Dion was in...

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.  Layes...

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...

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...

A carbon tax is coming to the Northwest Territories (the "NWT"). The Government of the Northwest Territories (the "GNWT") recently announced their plan to implement a made in the north NWT Carbon Tax designed and administered in the...

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...

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 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:Copytrac...

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 ...

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...

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...

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 Context  A “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 th...

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...

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...

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...

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...

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...

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...

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 t...

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...

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...

Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy...

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.

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...

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...

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...

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 multi-million dollar claim and an acrimonious relationship existed between the insureds and the i...

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...

Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situation...

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...

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 ...

One year ago, Michael Bond, CBE the creator of the beloved literary character, Paddington Bear, passed away in London, England at age 91. Though I recall seeing snippets of Paddington Bear on the television when I was young, I never actively watched th...

It is fairly rare for judges to directly criticize lawyers in written decisions relating to estate matters, at least in my experience. When I do run across it, it sends a strong signal because there is usually an important lesson in the criticism. The ...

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 ...

Two years ago to this day, a promising young actor's life was cut short by a tragic accident at his Los Angeles home. Anton Yelchin, age 27, was killed in his driveway when his SUV rolled back and pinned him against his security fence and mailbox. ...

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 ...

In Part 1 (Can Smart Contracts Really be Smart?), we looked at smart contracts, and how “smart” they really are – if you need some background, start there.Smart contracts (or “programmatically executed transactions”) ...

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...

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...

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...

“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...

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...

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...

Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to benefit generally from the insurance proceeds (even where the fire is caused by the tenant’s negligence) and clear language in the leas...

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

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 “invasion o...

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 that locatio...

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.  Thus, ...

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 pre ...

The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period did not begin to run until the insurer denied the claim under the insurance policy, sometime after the ...

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...

Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support. Stalzer ...

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...

Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s...

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 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 ...

Today marks the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death ...

If you dread doing your own taxes, then think twice about becoming an executor of an estate. One of the core duties of a personal representative is to deal with the deceased’s taxes. In Alberta, the duty is contained right in the Surrogate Rules,...

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 ...

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

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 stolen....

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 fell w...

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 McCann...

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 Cla...

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...

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 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 flo...

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 ...

Some people are good for their word. Others are not. Depending on the circumstances, a promise you make may not be legally enforceable. However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judg...

Generally speaking, the law will not protect you from making a bad bargain. However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may ...

The blockchain technology underlying BitCoin and other cryptocurrencies was originally designed and conceived as an open protocol that would not be owned by any one centralized entity, whether government or private. Just like other foundational pr...

I have been on quite the hiatus since last year!  I apologize – I have found that a wills and estates practice inevitably ramps up in the last month of the year on both the planning and litigation sides and last December was no exception. I...

Builders' liens are "creatures of statute". A builders' lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory frame...

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.

The scenario is a fairly common one: a contractor doesn’t get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien. It could be a typo in the name of the Owner; or it could be a failur...

Construction projects don’t always go as planned. Delays, add-ons, and changes to plans are common. Parties can sue when losses occur. When this happens, the contract itself is the key guide to the parties’ obligations.However, sometimes th...

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 in...

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 insu...

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 ...

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, withi...

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 pers...

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 the ...

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 ABCA ...

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 then...

Parents who intend to transfer their assets into joint names with some or all of their adult children need to carefully consider that decision before implementing the transfers. A series of recent Court cases in Western Canada highlight the need f...

In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment. Background The Respondent, a high school teacher, was surreptitiously recording female students and te...

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.   

The recent Alberta Court of Queen’s Bench decision in Marasse Estate (Re), 2017 ABQB 706 is yet another reminder that drafting legal documents must be done carefully and with a view to their long-term effect. The main issue in this case was wheth...

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...

If you have a will, you may have spelled out your detailed wishes for your funeral in the document. Would you be surprised to know that your personal representative does not have to follow them? You may have also heard that funeral expenses g...

What would you look for in a document to determine if it was a legally valid will? An Australian man’s estate recently made headlines when the Queensland Supreme Court admitted an unsent text message into probate as his valid last will.The d...

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, there 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 poli...

A frequent area of estate litigation involves claims by adult interdependent partners against the estates of their deceased partners. An adult interdependent partner is roughly the Alberta equivalent of a common law spouse, but may include other t...

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 Gat...

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...

Acting as an executor or personal representative is a challenging job. A personal representative is expected to follow the terms of a will, trust document or Court order and to do so prudently and competently. Sometimes, the testator or the s...

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...

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 wa...

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...

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 ...

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,...

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...

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]FACTS AND ISSUES   Thi...

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 ...

Builders’ liens are a great tool for the unpaid contractor, subcontractor and supplier. It gives you leverage over a project, even if you’re only owed a small amount. But the simple one-page form is much more complicated than it appears, an...

It’s common for the parties to a construction contract to focus on the price of the work to be performed. Less attention is often given to the method of calculating changes to the price for alterations to the scope of work. Uncertainty ...

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...

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 ...

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...

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...

Clarity matters when preparing your will and estate plan in Alberta. Even a seemingly simple direction to divide your estate equally between your children may run into unexpected problems if you have a complex family structure and are not clear enough ...

Today is the eighth anniversary of the death of Michael Jackson, the undisputed King of Pop. Albertans preparing wills and estate plans should look beyond the sensational headlines about the singer’s life and the circumstances of his death a...

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...

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 of the copyright in...

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...

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...

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,...

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.  ...

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...

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...

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...

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...

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 infringement, claiming that e...

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...

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

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...

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...

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 decision, Vancouver ...

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...

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...

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...

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...

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...

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...

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...

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&...

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 guard...

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...

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...

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...