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April 1, 2019
Field Law Launches 2019 Community Fund Program
$75,000 Pledged to Support Community Initiatives in Alberta and Northwest Territories
FOR IMMEDIATE RELEASE (April 1, 2019) – Field Law, a western and northern regional law firm, today launches its seventh annual Field Law Community Fund Program (the Program). The Program supports non-charitable and charitable initiatives in North...
May 22, 2019
Drone Workshop: Updates on Canada's Drone Regulations
Seminars
Canada's Latest Drone Regulations - Are You Ready to Fly? The Field Law Emerging Technology Group invites you to take to the sky with your drone, but before you do, we encourage you to familiarize yourself with the regulation, risks and responsibi...
April 24, 2019
Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math
Client Events
The Women's Intellectual Property Networking Group of the Intellectual Property Institute of Canada presents:Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + MathDate: Wednesday, April 24 Time: 6...
April 10, 2019
Is Someone at the Door? Practice Visits, Inspections + Reviews
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable will assist regulators and their staff who use practice visits, inspections or reviews to monitor competency...
April 2019
Edibles Update: High Taxes in 2019 Federal Budget
Field Law Blog
April 3, 2019
Staying Current with Auto Liability Claims in Alberta
Seminars
Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing: Reserving Rights and Alberta Auto Coverage Defences An overview of the major types of coverage defences of the auto insurer under Alberta's standard owner's poli...
April 2019
2019 Federal Budget Insights for Private Corporations
As was expected, the 2019 Federal Budget (the "Budget") is one for an election year. Meaning, while the Government provided a few handouts and various credits, there is little to offend anyone – at least from a tax perspective. A few le...
April 2019
Amendments Made to the NWT Partnership and Business Name Act
Significant amendments have been made to the Partnership and Business Names Act (the Act), RSNWT 1988, c P-1.The amendments to the Act effect partnerships, limited partnerships, and extra-territorial partnerships. Previously, there were no renewal requ...
March 2019
Ontario Court of Appeal: No Independent Tort of Harassment … Yet
Workwise Newsletter
Merrifield v The Attorney General, 2019 ONCA 205, represents the first case in which a Canadian appellate court has considered whether a common law tort of harassment exists. In its decision released last week, the Ontario Court of Appeal declined to r...
March 2019
Ontario Court of Appeal: No Independent Tort of Harassment … Yet
Workwise Newsletter
Merrifield v The Attorney General, 2019 ONCA 205, represents the first case in which a Canadian appellate court has considered whether a common law tort of harassment exists. In its decision released last week, the Ontario Court of Appeal declined to r...
March 2019
Mining Incentive Program Aims to Stimulate Mining Industry in NWT
Field Law Blog
March 2019
Restrictions on Communications During the Election for Post-Secondary Institutions
Post-Secondary Alert
Alberta post-secondary institutions are subject to new election laws restricting public communications during the 2019 election period.Bill 32, An Act to Strengthen and Protect Democracy, passed on December 12, 2017, introduces restrictions on advertis...
March 19, 2019
Tips + Traps for Hearing Tribunal Members
Webinar
Fair and effective professional discipline hearings are essential to the professional discipline process. They are the core of the “peer review” process and a crucial element of professional discipline. Members of the profession and the pub...
March 2019
Maintaining Permanent Residency When Faced With a Departure Order
Immigration Alert
In order to maintain a permanent residency in Canada, residents must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed by Immigration, Refugees and Citizenship Canada (“IRCC&rdqu...
March 18, 2019
Tech support: law firms lining up to take advantage of tech boom
Canadian Lawyer Mag
Erika Carrasco discusses how the law surrounding drones offers a typical example of the challenges of working in a fast-developing area.
March 2019
Good Character:  An Important Regulatory Tool Even in an Age of Labour Mobility
Perspectives for the Professions
Regulators have traditionally used a test of “good character and reputation” to assess applicants. However, the question remained – to what extent can regulators apply the test of “good character and reputation” for applic...
March 14, 2019
Buzz Kill: Additional Considerations When Advising Clients on Their Cannabis-Related Trademarks
Presentations
Canadian Bar Association - Intellectual Property + Technology Section
March 7, 2019
Tax Considerations with Earnouts and Reverse Earnouts
Presentations
Canadian Bar Association
March 6, 2019
Beer®: Trademark Protection & Legal Quality Control for the Long Haul
Presentations
Alberta Craft Brewing Convention
2019
Speaker, “The Sequoia Litigation, Perspectives and Analysis”, International Energy Credit Association Annual Canadian Spring Education Event, Calgary
Conferences
February 2019
Case Summary: R v Ahmed
Defence + Indemnity
Charges for distracted driving were widened in scope by including cell and smart phones in the definition of “hand held electronic” and “wireless electronic” devices in the Traffic Safety Act.R v Ahmed, 2019 ABQB 13, per Henders...
February 2019
Case Summary: Entwhistle v Wells
Defence + Indemnity
Where a plaintiff’s vehicle is damaged to the point of becoming a constructive total loss due to a defendant’s negligence, the plaintiff was awarded damages for the time, effort and expense of finding a replacement vehicle. Entwhistle v We...
February 2019
Case Summary: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
Defence + Indemnity
The Alberta Court of Appeal clarifies the test for summary judgment and dismissal.Weir-Jones Technical Services Incorporated v. Purolator Courier, Purolator Inc. and Purolator Freight, 2019 ABCA 49 per Slatter JA (Fraser CJA, Watson and Strekaf JJ...
February 2019
Case Summary: Modisette v. Apple Inc.
Defence + Indemnity
In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...
February 2019
Case Summary: Enterprise Rent-A-Car v Intact Insurance
Defence + Indemnity
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those polices which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&rd...
February 2019
Roll It Up! Rules + Regulations for Building Your Cannabis Store
Keeping Up With Cannabis
Opening a cannabis store in Alberta requires a large number of steps, including obtaining approval from the Alberta Liquor Gaming and Cannabis Commission (AGLC). The Gaming, Liquor and Cannabis Act, RSA 2000, c G-1 (Act) has provided the AGLC with the ...
February 2019
Did You Sell Your Home in 2018? What You Need to Tell the CRA
Field Law Blog
February 2019
Squaring the Circle or Levelling the Playing Field? Alberta’s New OHS Regime
Seminars
CPHR Alberta
On June 1, 2018 the Alberta Legislature changed occupational health and safety law history. The legislative changes to the Act, Regulations and Code changed the legal landscape in material ways, some of which are in tension with other legisla...
February 2019
Is it Time to Re-examine Your Corporate Structure?
Practical Considerations for the Investment Income Rules for Private Companies Canadian private companies have seen much newsworthy tax reform in recent years. One change is in the area of income sprinkling. Another major change in tax law is t...
February 20, 2019
Maximizing Your Business and Your People
Seminars
Recruiting and retaining the best quality employees can become a challenge. Creating a sense of ownership and a customized rewards program could make all the difference.Join the discussion with MNP’s Lynne Fisher and Field Law’s Britt Tetz ...
February 2019
A New Approach to the Reasonable Expectation of Privacy: R v Jarvis, 2019 SCC 10
Labour + Employment
Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual’s privacy interest, whether in the crimin...
February 2019
The #metoo Movement and Interim Measures
Workwise Newsletter
Ryerson University v Ryerson Faculty Association, 2018 CanLII 111683In Ryerson University and Ryerson Faculty Association, a recent case out of Ontario, an arbitrator was asked to consider the appropriateness of interim measures imposed on an employee ...
February 14, 2019
The Type of Claims that may Arise from Legalization of Cannabis Edibles
Canadian Underwriter
Erika Carrasco speaks to Canadian Underwriter about cannabis coverage issues.
February 12, 2019
Exploring the Legal Aspects of Smart Contracts and Their Role in Blockchain
Presentations
Blockchain in Oil + Gas Canada 2019
February 2019
Show me the Money! Timing the Release of Holdback
Field Law Blog
February 2019
Uncertainty Around Burden of Proof for Summary Judgment Resolved
Insurance Alert
The law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balance of probabilities is required, while others have held th...
February 6, 2019
2018 Year in Review for Northern Employers
Seminars
Join Field Law for a review of the most important legal cases from 2018. Topics covered will include: Labour Employment Human Rights Occupational Health + Safety Privacy Immigration Cannabis This seminar will be broadcast live via ...
Winter 2019
2018 A Year in Review Seminar Series
Seminars
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Part 1: Human Rights ...
January 2019
#metoo - What's an Employer To Do and Not To Do?
Seminars
CPHR Alberta
Leanne Monsma discussed what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.
January 2019
Mitigating Employer Liability and Encouraging Workplace Safety Post-Cannabis Legalization
Conferences
The Canadian Institute - Managing Risk in Construction Contracts & Projects
January 2019
Tick-Tock Goes the Lien Clock
Field Law Blog
January 2019
The Long And Winding Road To Accommodation - How Long Is Too Long?
Workwise Newsletter
Ontario English Catholic Teachers’ Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitab...
January 23, 2019
Impact of Cannabis on the Insurance Industry
Seminars
With the legalization of recreational cannabis and regulations for edibles soon to come, Field Law's Cannabis Group has the knowledge and experience to help clients, including those in the insurance industry, understand how cannabis laws impact the...
January 2019
Year in Review: Important Professional Regulatory Cases of 2018
Webinar
Learn about the most important professional regulatory Court cases of the past year. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, QC and Kim Precht...
January 2019
Does Fairmont Hotels Eliminate All Equitable Remedies in the Tax Context?
First published by the Canadian Tax Foundation in (2019) 66:4 Canadian Tax Journal.
January 2019
IP Landscaping
Presentations
Government of Alberta - GreenSTEM Kick-Off Event
January 10, 2019
Will new rules for drone flights in Canada make our skies safer?
Judy Aldous, CBC News
Transport Canada published new rules for flying drones in Canada that come into effect on June 1, 2019. Erika Carrasco discusses these new rules and answers questions on Alberta at Noon with Judy Aldous.
January 10, 2019
New Canadian Drone Regulations
Ted Henley, CityNews
(3:54) Erika Carrasco discusses the new rules for flying drones in Canada that come into effect on June 1, 2019.
January 9, 2019
New Canadian Drone Regulations
On January 9, 2019, Transport Canada published new rules for flying drones in Canada to enhance predictability for businesses, improve the security of aviation and ensure our airspace is safe for everyone.The new regulations distinguish between basic a...
December 2018
Health Canada Unveils Proposed Edibles Legislation
Keeping Up With Cannabis
Health Canada launched a public consultation on its proposed regulations governing cannabis edibles today and stated that the legal sale of cannabis edibles will be permitted no later than October 17, 2019.  While certain cannabis use was legalize...
December 2018
Case Summary: Wm Morrison Supermarkets PLC v Various Claimants
Defence + Indemnity
Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties whose data is ...
December 2018
Case Summary: Layes v Stevens
Defence + Indemnity
A $200,000 loss of future income earning capacity award to a 25 year old student able to continue working full time was upheld where she had no settled employment pattern relying on comparator cases, without a mathematical calculation.
December 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is not entitled to benefits if he/she did not know nor ought to have known that the vehicle was sto...
December 2018
Case Summary: Dion v Security National Insurance Company
Defence + Indemnity
A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.
December 2018
Case Summary: Aviva v Wawanesa
Defence + Indemnity
An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage.
December 2018
Case Summary: Williams v Richard
Defence + Indemnity
Social hosts were denied summary dismissal after a drunken guest got into an accident, injuring the plaintiff, after the guest had first made it home safely.
December 21, 2018
$10,000 Donated by Field Law to Calgary Food Bank at CBC’s “Blitz Day”
CALGARY - Field Law donated $10,000 to the Calgary Food Bank yesterday to help make the seasonal fund-raising event known as “Blitz Day” another huge success. Firm Managing Partner, Doreen Saunderson attended the fun-filled event at CB...
December 2018
Pour a Glass of Trademarks
In time for the holidays, this is a tale of competing brands sloshing around the marketplace. Please enjoy responsibly.Diageo North America, Inc. is purveyor of some of the world’s best-known brands of spirits and beer, some of which are probably...
December 2018
2018 Field Law Post-Secondary Summit Recap
The third annual Field Law Post-Secondary Summit was held on November 29 in Edmonton, and was co-chaired by Greg Harding, QC and Derek Cranna. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the l...
November 9, 2018
A. Danielle Bourgeois Receives Rising Stars Recognition
CALGARY – Field Law is pleased to announce that a member of our Edmonton team, A. Danielle Bourgeois was recognized at the Lexpert® Rising Stars Awards on November 8, 2018 in Toronto. “I’m truly humbled as there are countless...
December 2018
'Tis the Season: Holiday Parties + Employer Obligations
Workwise Newsletter
The holiday season has arrived, and with it many employers will celebrate the year with their staff. To ensure that everyone has a safe and joyous time, employers should keep in mind their obligations to employees and guests who attend office parties o...
December 2018
Upcoming Criminal Code Changes + Its Effects on Entering Canada
Immigration Alert
On December 18, 2018, Canada will begin imposing tough new penalties on those who drive while under the influence of alcohol or drugs, including cannabis, or commit cannabis-related crimes.The maximum penalty for impaired driving offences will increase...
November 2018
Bar Room Brawl – Alberta Kicks ‘Em Where It Counts
As we noted in our two previous articles “Of Beer and Borders” and “The 2 Million Dollar Case of Beer”, the Alberta government had taken a bruising over its beer markup and Alberta-only Small Brewers Development Program rebate.&...
November 2018
Dealing with Unrepresented Members
Webinar
Whether it be due to cost or personal choice, regulated professionals facing disciplinary proceedings often elect to represent themselves. This can present unique challenges for regulators and administrative tribunals in ensuring a fair process. &nb...
November 2018
Bill 21 Update: An Act to Protect Patients Now Partially in Force
Professional Regulatory Alert
In our November 5, 2018 Professional Regulatory Alert we provided a brief summary of Bill 21, “An Act to Protect Patients” and addressed some of the implementation steps required of Colleges. By way of update, on November 19, 2018 the Bill ...
November 2019
Precise Language Needed to Override Reasonable Notice
Workwise Newsletter
It is fairly common for a written employment agreement to seek to limit an employee’s termination notice to the minimum amount prescribed under employment standards legislation. However past case law suggests that doing so may be more difficult t...
November 2018
No Appeal of the Cardinal Decision: SEF 44 Coverage and Automobile Used Without Consent
Insurance Alert
On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).In Cardinal, the insurer, AMA, iss...
November 2018
Medicinal Cannabis Use in the Workplace: Employer vs. Employee Rights
Ryan Jespersen Show
November 2018
A Taste of the IPIC AGM
Presentations
Business, Law and Technology Forum
November 2018
Buildex Calgary Seminar Talks Cannabis in the Workplace
Journal of Commerce
November 8, 2018
A. Danielle Bourgeois Receives a Lexpert Rising Stars Award
Field Law is proud to announce that a member of our Edmonton team, A. Danielle Bourgeois, received a Lexpert® Rising Stars Award on November 8, 2018. Erika Carrasco from our Calgary team was also a finalist for this esteemed honour.The Award r...
November 2018
Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near Miss
Canadian Employment Law Today
November 2018
Case Summary: Zando v Ali
Defence + Indemnity
A damage assessment of $175,000 plus $25,000 for punitives for a single instance of sexual assault upon a colleague, involving intercourse, was upheld on appeal. The Court outlined the factors to be taken into account in quantifying sexual assault dama...
November 2018
Case Summary: Copytrack Pte Ltd. v Wall
Defence + Indemnity
A British Columbia court has come out with one of the first Canadian decisions directly addressing the enforcement of rights to ownership of cryptocurrency.Copytrack Pte Ltd. v Wall, 2018 BCSC 1709, per Skolrood, J.FACTS AND ISSUES:Copytrack Pte Ltd. (...
November 2018
Case Summary: Condominium Corporation No 9312374 v Aviva Insurance Company of Canada
Defence + Indemnity
The Supreme Court’s decision in the Ledcor case (which held that “resultant damage” arising from faulty workmanship is not excluded by the faulty workmanship exclusion in a builders’ risk policy) was held not to allow for covera...
November 2018
Case Summary: Aviva Insurance Company v Intact Insurance Company
Defence + Indemnity
Where an insurer contributes more than its share to a defence and settlement of a claim vis-à-vis other insurers who are involved, it may seek contribution from the other insurers even where the policies are complementary and not overlapping.Avi...
November 2018
Case Summary: Heuring v Smith
Defence + Indemnity
The Court assessed liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a “blind spot” created by a pillar in his vehicle and declined to aw...
November 2018
Case Summary: Green v Khattab
Defence + Indemnity
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld, notwithstanding that a consent order or consent judgment had not been signed between the parties.Green v Khattab, 2018 ABQB ...
November 2018
Bill 21 – An Act to Protect Patients
Professional Regulatory Alert
In June of 2018, Alberta Health issued a Discussion Document indicating that the Government was considering amendments to the Health Professions Act (HPA) to better protect patients from sexual abuse by health professionals. The Discussion Do...
Fall 2018
Avoid Border Battles: 5 Tips for Travel to the U.S. Now That Cannabis is Legal in Canada
Aboriginal Business Quarterly
2018
Author, Canada Chapter, "The Oil & Gas Law Review" (6th edition)
October 2018
To Serve and Protect: The Many Reasons for a Trademark Registration
The Medium
A trademark is the consistently used brand identifier of tens of thousands of consumer products and services you regularly see – the Apple “Apple”, the Microsoft “Window”, the Nike “Swoosh”, the Google Chrome, ...
October 2018
#Hashmarks: Can a Hashtag be a Trademark?
The Medium
Through its automatic web of connections, the humble hashtag has been repurposed: it’s now associated with the cachet of internet fame.  In social media platforms the hashtag brings users from one descriptor to thousands of associated result...
October 2018
How do “Smart Contracts” Fit With “Traditional Contracts”?
The Medium
Placing Smart Contracts in ContextA “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in the legal sens...
October 2018
Don'cha Know, We're Talking About a Revolution: The Alberta Court of Appeal Makes OHS Law Fair
Workwise Newsletter
October 2018
Court Upholds Decision to Allow Post-Incident Drug and Alcohol Testing After Near-Miss
Workwise Newsletter
October 2018
Upcoming Impaired Driving and Cannabis-Related Penalties
Immigration Alert
On December 18, 2018, Canada will begin imposing tough new penalties on those who drive while under the influence of alcohol or drugs, including cannabis, or who commit cannabis-related crimes. Most impaired driving offences will be considered serious ...
October 11, 2018
Field Law Introduces New Tax Team
Field Law is pleased to welcome five new lawyers, including one as partner, and two support staff who will significantly enhance the firm’s capacity to offer tax services to clients. As of Oct. 1, 2018, a group of new tax, cross-border, business ...
October 2018
Recent Changes to the Condominium Property Act of Alberta
Field Law Blog
October 18, 2018
Women in Leadership: Rising to Challenges
Conferences
Field Law's Sharon Roberts will be co-chairing the 2018 Women in Leadership: Rising to Challenges Conference. Topics covered include: Empowering Teams Preventing Harassment in the Workplace Committing to Continuous Learning Clearing Roadb...
October 17 + 18, 2018
Cybersecurity Roundtable: Risks + What to Do
Roundtable
In our previous workshop, “Cybersecurity for Canadian Organizations”, we presented an overview of cybersecurity risks and obligations, as well as what should be done to prevent or mitigate risks and how to respond to cyber incidents. Buildi...
October 2018
"Did You Roll That Yourself?": Travelling Tips Now that Cannabis is Legal in Canada
Keeping Up With Cannabis Legislation
Today’s the day! Cannabis has become legal in Canada for adult use, possession, purchase and distribution. As an important reminder, it remains illegal to take cannabis across any international border by any means, (land, water or air).  The...
October 16, 2018
Conducting Regulatory Investigations
Presentations
CNAR Pre-Conference Workshop
CNAR is proud to present its fifth annual training program for investigators. Develop your investigative skills by sharing approaches and obtaining feedback from your peers and experienced instructors. 
October 16, 2018
Conducting Regulatory Investigations
Presentations
Canadian Network of Agencies for Regulation Annual Conference
Join Field Law's Jim Casey, QC and Greg Sim for a pre-conference workshop at the Canadian Network of Agencies for Regulation (CNAR) Annual Conference. Jim and Greg are two of the instructors at this workshop being organized by Richard Ste...
October 24 + 30, 2018
Effective Responses to Sexual Misconduct and Harassment Complaints Workshop
Seminars
An increasing number of organizations are being rocked by allegations of harassment and sexual misconduct by their employees. Often these allegations are broadcast on social media, catching organizations flat-footed and unprepared. Join Field Law...
November 22, 2018
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Seminars
Wills, Estates + Trusts Seminar
Join Field Law’s Wills, Estates + Trusts Group and your colleagues from the non-profit sector for a complimentary lunchtime seminar. This seminar is designed to assist charities and non-profit organizations and their staff with an understanding o...
October 2018
Christin Elawny to Receive “Heart of Community” Award
Field Law is proud to announce that Christin Elawny has been recognized for her pro-bono efforts with the Accessible Housing Society (Accessible Housing). Christin, a lawyer based in our Calgary office, will receive the “Heart of Community”...
November 29, 2018
2018 Field Law Post-Secondary Summit
Conferences
Join us for our annual Summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Topics to be covered include:  Governance: Representative Roles + Responsibilities Academic Labour Relations + Barg...
October 11, 2018
Field Law Welcomes Five New Lawyers
Field Law expands tax services by seven
CALGARY, Alberta, Oct. 11, 2018 – Field Law is pleased to welcome five new lawyers, including one as partner, and two support staff who will significantly enhance the firm’s capacity to offer tax services to clients. As of Oct. 1, 2018, a g...
2018
Speaker, “The Sequoia Litigation, Perspectives and Analysis”, private client presentation
Presentations
October 3 + 10, 2018
Cannabis in the Workplace: Implications for Employers
Seminars
Recreational cannabis will be legal in Canada on October 17, 2018. Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situat...
October 4, 2018
Top 10 Pitfalls Nurses Face in Litigation
Presentations
Edmonton Critical Care Symposium
2018
Moderator, Canadian Association of Lawyers with Russian Eurasian Interests (CALREI), Oil & Gas Conference, Calgary
Conferences
2018
Speaker, Panelist and member of the Canadian Technical Advisory team, Uganda's 1st Biennial National Conference,  "Supporting Inclusive Resource Development in East Africa"
Conferences
October 2018
Freedom of Speech + Professional Discipline: Striking the Balance
Perspectives for the Professions
In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professiona...
October 2018
Case Summary: The Importance of Ensuring Allegations Contain Sufficient Particulars
Perspectives for the Professions
MacLeod v Alberta College of Social Workers, 2018 ABCA 13, highlights that a person under investigation must be given reasonable particulars of the allegations against them.Ms. MacLeod was a Registered Social Worker and had been a member of the Alberta...
2018
Speaker, “Alberta’s Comprehensive Market Design 1.0 and Economic Curtailment in Alberta’s Changing Market”, McCarthy Tétrault Client Seminar presented to 250 participants live and via webinar
Presentations
September 2018
Edible Cannabis: What You Need to Know
Countdown to Cannabis Legislation
With the Cannabis Act set to legalize most forms of recreational cannabis in just a few short weeks, many consumers and businesses alike may require further clarity on the limited scope of legalization.Unlike the fresh, dried and oil options, edible ca...
September 25, 2018
Quantifying Personal Injury + Business Loss Claims with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: Identifying the financial documents needed to asses claims where an income loss from a bu...
September 25, 2018
Energy.AI Workshop
Energy Futures Lab and JWN
September 2018
Minimum Wage Increases in Alberta
Workwise
As of October 1st, the Alberta’s minimum wage increase will finally come into effect, bumping the minimum wages from $13.60 to $15 per hour. According to a report released by Public Interest Alberta, more than 300 000 Albertans will be getting...
September 2018
Keep Off the Grass! Cannabis in Calgary: Zoning and Public Use
Field Law Blog
September 2018
Punitive and Aggravated Damages – Exceptional but Necessary Remedies
Workwise
Ruston v Keddco Mfg. (2011) Ltd., 2018 ONSC 2919Although traditionally, punitive and aggravated damages were deemed as exceptional remedies, the Courts have turned to these remedies to assist employees where the employer’s actions may be deemed a...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
September 19, 2018
Blockchain and Smart Contracts
Presentations
PASC Education Day 2018
September 2018
Issues in Professional Discipline Investigations: Tips + Traps
Webinar
Effective professional discipline investigations are fundamentally important to the professional discipline process. The information that is obtained is used to make decisions about complaints that are received, including whether there is sufficient ev...
September 2018
The Best Lawyers in Canada 2019
28 Field Law Lawyers Recognized
Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l...
2018
Moderator, IECA Panel Discussion, "Restructuring: Practical Considerations and Lessons Learned", presented by McCarthy Tetrault and FTI Consulting
Presentations
2018
Editor-in-Chief and Contributor, “Canadian Power: Key Developments in 2017, Trends to Watch for in 2018”, published annually by McCarthy Tetrault
August 2018
Alberta Appeal Court Rules Against Dentist in Regulatory Body’s Free Speech Complaint
The Lawyer's Daily
August 2018
'Clearly Separate': Workplace Sexual Misconduct Not Captured by Employment Release
Canadian Employment Law Today
August 2018
Case Summary: Scale Estate v The Cooperators General Insurance Company
Defence + Indemnity
When an insurer contemplates settling to its policy limits in an auto case, it must take steps to ensure that all potential claims have been accounted for.  Where an insurer, knowing of another claim for the same accident, paid its limits in three...
August 2018
CRTC Imposes Penalties On Two Companies For Distributing Malware Online
Defence + Indemnity
Recently, the Canadian federal government publicized anti-spam legislation, generally referred to as “CASL” (An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance...
August 2018
Case Summary: R.C. Heating & Gasfitting Ltd. v The Sovereign General Insurance Company
Defence + Indemnity
Where past negligence involved in the installation of the system manifested itself in an explosion years later, the “occurrence” or “accident” was held to have occurred at the time of the explosion, not at the time of the neglig...
August 2018
Case Summary: Greenidge v. Allstate Insurance Company
Defence + Indemnity
Unlike the situation with litigation independent medical examinations per Rule 5.42, a Section B insurer is entitled to insist that the insured attend an independent medical examination per Section B Special Provision 4, and the examiner is entitled to...
August 2018
Case Summary: Woitas v. Tremblay
Defence + Indemnity
In a chain reaction series of rear end accidents, following vehicles are presumed to be negligent for rear end collisions and the fact that a driver has to stop for an accident in front of him will be no defence.  Drivers of vehicles which manage ...
August 2018
Case Summary: Khudabux v. McClary
Defence + Indemnity
In the case of a crumbling skull plaintiff the Court will apportion responsibility to the different accidents involved where the injuries in question are not indivisible. Khudabux v. McClary, 2018 BCCA 234 per Stromberg-Stein, J.A. [4286]FACTS AND...
August 2018
Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd.
Defence + Indemnity
In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C...
August 2018
Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns
The Lawyer's Daily
August 2018
“Clearly Separate”: Workplace Sexual Misconduct Not Captured by Employment Release
Workwise Newsletter
In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court of Justice held an employee’s claim for sexual harassment against another employee for conduct at the workplace ...
August 2018
Flippin' to the B-Side
Craft Beer Trademarks
In 2015, an Ontario craft brewer, Beau’s All Natural Brewing Company (Beau’s) applied for a trademark for B-SIDE BREWING LABEL, for use in association with Ontario craft beers. The “B-Side Brewing Label” is an innovative promoti...
July 2018
Cannabis Complicates Crossing the Border
Workwise Newsletter
The legalization of cannabis in Canada poses a unique opportunity for entrepreneurs, investors, and businesses. It is estimated that the recreational cannabis market in Canada may generate approximately $23 billion in annual revenue, creating jobs and ...
July 25, 2018
Field Law Announces Northern Alberta Winners of 2018 Community Fund Program
6th annual public-voting program awards a total of $30,000 to six local organizations
EDMONTON (July 25, 2018) – Field Law, a western and northern regional law firm, has selected six projects as recipients of financial support from the Field Law Community Fund Program (the Program). Community ideas were selected in Southern Albert...
July 20, 2018
Field Law Announces Northwest Territories Winners of its 6th Annual Community Fund Program
Program to contribute $15,000 to three organizations in the Northwest Territories
YELLOWKNIFE (July 20, 2018) – Field Law, a western and northern regional law firm, is pleased to announce the Northwest Territories winners of the Field Law Community Fund Program (the Program). This is Field law’s sixth year of supporting ...
July 2018
Keeping Your Hands Lien: Don’t Forget a CLP!
Field Law Blog
July 14, 2018
Stampede Style Fun and Philanthropy
Calgary Herald
Bill Brooks shares pictures of Stampede events he attended, including Field Law’s Stampede Kick-Off.
July 13, 2018
Sandra Corbett, QC Appointed to Provincial Court of Alberta
Field Law partner appointed to Edmonton Civil Division
Edmonton, July 13, 2018 - Field Law is proud to announce that Sandra Corbett, QC a partner in our Edmonton office, has been appointed to the Provincial Court of Alberta, Edmonton Civil. Sandra’s appointment to the court is a high honour that has ...
July 12, 2018
Field Law Announces Southern Alberta Winners of its 6th Annual Community Fund Program
Field Law awards a total of $30,000 to five Southern Alberta organizations
CALGARY (July 12, 2018) – Field Law, a western and northern regional business law firm, is pleased to announce the Southern Alberta winners of its Community Fund Program (the Program). Field Law awarded one grand prize and four additional aw...
July 2018
Case Summary: C. v. Brookfield Homes
Defence + Indemnity
QUANTUM/DAMAGES ISSUES 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 emotio...
July 2018
Case Summary: Waissmann v Calgary (City)
Defence + Indemnity
Whether or not an occurrence report filled out by an employee after an accident, required by the employer’s rules, is privileged depends on the employer’s intention (dominant purpose) in promulgating the rules – a specific intent on t...
July 2018
Case Summary: Gharbi v. Summit Acceptance Corp.
Defence + Indemnity
The Alberta Court of Queen’s Bench enumerated the factors to consider in determining whether the provision a dealership’s loaner vehicle to a customer qualifies as a leased/rented vehicle or a mere courtesy loan for the purposes of determin...
July 2018
Case Summary: Temple Insurance Company v. Sazwan
Defence + Indemnity
Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multimillion dollar claim and an acrimonious relationship existed between the insureds and the in...
July 2018
Case Summary: Parent v Northbridge General Insurance Corporation
Defence + Indemnity
Loss of a reasonable opportunity to investigate and defend a claim due to the Insured’s extreme delay in reporting the incident to their Insurer constituted prejudice to the Insurer such that the Judgment granted against the Insured not enforceab...
July 2018
Case Summary: Du v. Jameson Bank
Defence + Indemnity
A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank, which followed instructions sent to it by email (as it was allowed and requi...
July 2018
Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J.
Defence + Indemnity
A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it reasonably foreseeable that the stolen vehicle wo...
July 5, 2018
Field Law Announces Gift to Calgary Public Library
The Library to Dedicate the Field Law Meeting Room in Calgary’s New Central Library
Field Law is pleased to announce a $50,000 gift to the Calgary Public Library Foundation in support of city-wide programs and services prior to the opening of the fully-funded New Central Library. “The Library is a long-time client of Field La...
July 2018
HRTO Finds Exemptions in Human Rights Code Unconstitutional
Workwise Newsletter
Recently, the Human Rights Tribunal of Ontario (the “HRTO”) released a significant decision regarding an employer’s discretion to terminate extended health, dental and life insurance benefits for employees that reach the age of 65, bu...
June 2018
Municipal Minute: Case Comment on McAllister v. Calgary
In the McAllister v. Calgary (City), 2018 ABQB 480 Madame Justice Kubik of the Court of Queen’s Bench found the City of Calgary liable under the Occupiers Liability Act for injuries suffered by the Plaintiff Kyle McAllister when he was assaulted ...
June 2018
Probate for Paddington: Michael Bond, CBE (1926-2017)
Field Law Blog
June 2018
Pay Attention to What You Pay For
Field Law Blog
June 2018
Standing Out: Branding and Trademark Issues for Cannabis Companies
Countdown to Cannabis Legislation
With the anticipation surrounding the upcoming legalization of cannabis in Canada, it comes as no surprise that companies have been quick to take advantage of this budding industry. More than 70 corporations have been issued licenses from Health Canada...
June 25, 2018
Surveillance Machines: Privacy Implications of Drones, UAVs and Driverless Vehicles
Presentations
Canadian Bar Association
June 2018
Extra! Extra! How Do Subcontractor Change Orders Affect the Lien Fund? It Depends…
Field Law Blog
June 2018
The $2 Million Case of Beer
Alberta Loses Yet Another Round in Supporting Craft Brewers
Steam Whistle Brewing Inc. v. Alberta Gaming and Liquor Commission – June 19, 2018Sir Mick Jagger informed us that “you can’t always get what you want,” and this time, the Alberta government gets more of what they don&...
June 2018
Supreme Court Defers to Law Societies in Denial of TWU’s Law School
Professional Regulatory Alert
In the related decisions of Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, and Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33, the Supreme Court of Canada concluded that the Law Societies of British ...
July 2018
Legal Cannabis: Coming to Canada on October 17, 2018
Countdown to Cannabis Legislation
On June 20, 2018, the federal government announced that Canadians will be able to possess and consume cannabis recreationally under the Cannabis Act as of October 17, 2018. Until that date, cannabis possession and consumption remains illegal, other tha...
June 19, 2018
Professional Regulation in the Age of Social Media
Professional Regulatory Roundtable
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable is designed to assist complaints directors and other regulatory professionals to navigate the issues that ca...
June 2018
A Star Extinguished: Anton Yelchin (1989-2016)
Field Law Blog
Summer 2018
To Each Their Own - Cannabis Rules and Markets to Vary by Territory
Aboriginal Business Quarterly
June 2018
Calgary’s Cannabis Consumption Bylaws: What You Need to Know
Countdown to Cannabis Legislation
In anticipation of the legalization of recreational cannabis in just a few months, Calgary’s City Council has taken steps to limit cannabis use in public. On April 5, 2018, City Councillors approved the Cannabis Consumption Bylaw 24M2018 (the &ld...
June 2018
Priority Among Insurers in an Alberta Rental/Leased Vehicle Claim
The Six Circles of Hell
June 2018
Introduction to Corporate Reorganizations
Presentations
Canadian Bar Association
June 2018
Of Beer and Borders
Alberta Loses Another Round In Its Support of Alberta Craft Brewers
Right now, Alberta Premier Notley and her government are thinking "stupid laws!", because they can't seem to get around the ones that affect subsidies or grants for Alberta craft brewers. Alberta's latest attempt, its 2016 Small ...
June 2018
#metoo: What’s an Employer To Do and Not To Do?
Seminars
DisruptHR
Leanne Monsma discusses what employers should do, as well as what employers are obligated to do, when they receive complaints of sexual harassment.
June 11, 2018
Sexual Abuse Amendments to the Health Professions Act and Health Disciplines Act: Implications for Regulators
Professional Regulatory Workshop
On June 1, 2018 regulators received a discussion document from Alberta Health “Protecting Patients from Sexual Abuse By Regulated Health Professionals” which outlines potential amendments to the Health Professions Act and Health Disciplines...
June 2018
Smart Contracts (Part 2): Intermediaries? We Don’t Need No Stinkin’ Intermediaries!
JD Supra
June 5, 2018
A Primer – Occupational Therapy
Seminars
Insurance Seminar
Join Field Law's Sharon Stefanyk and Occupational Therapist Gillian Bagg for an opportunity to learn from an occupational therapist experienced in providing expert opinion regarding a person’s physical capacities and their ability to particip...
June 5, 2018
Cannabis in the Workplace - Implications for Northern Employers
Seminars
What Northern Employers Need to Know About Cannabis in the Workplace Join Field Law’s Labour and Employment Group for a detailed, scenario-based half-day workshop providing practical advice and useful tips to prepare your organization for situ...
June 2018
Smart Contracts as Programmatically Executable Transactions and Blockchain
Presentations
BLOCKCHAIN for Energy - Learnings from Oil and Gas Industry Applications
May 2018
Skip the Investigation and Risk Punitive Damages
Workwise
In recent cases such as Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525 and Garnett v Alberta Motor Association, 2017 ABPC 267, Alberta courts have cautioned employers about the importance of properly investigating complaints of impropriet...
May 29, 2018
New Drone Regulations are Coming to Canada – Are You Ready for the Changes?
Seminars
Canadian Bar Association
Join Erika Carrasco to explore new drone regulations coming to Canada. Specific topics of the session will include:  What are the current Regulations in Canada and how and why are they changing?  What will this mean for lawyers n...
May 2018
Cannabis Retailers and the Layers of Regulation Impacting Sale
Countdown to Cannabis Legislation
You're about to see some new businesses opening up around town: cannabis retail businesses. The Province is expected to issue approximately 250 cannabis retail licenses to businesses in anticipation of the upcoming legalization of recreational cann...
May 23, 2018
The New Alberta OHS Act: More Roles, More Obligations + Many More Pitfalls
Workshop
Join Field Law for a comprehensive half-day workshop that will prepare you for the upcoming changes to the OHS Act.  On June 1, serious changes are coming to Alberta’s occupational health and safety law. Already an onerous regulatory regi...
May 2018
Minor Injury Regulation Changes
Insurance Alert
Changes to the Minor Injury Regulation (AR 123.2004) (“MIR”) are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.Although the wording of the regulation has always made it clear that injuries to m...
May 22, 2018
Definitive deference: How courts treat consultants’ decisions
The Lawyer's Daily
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
May 2018
Good News for Employers: No Unfettered Right to Use Cannabis at Work  
Countdown to Cannabis Legislation
As the cloud of recreational cannabis legalization looms on the horizon, employers will face difficult situations pertaining to cannabis and the workplace. It is important to remember that just because recreational cannabis will be legal, and medically...
May 2018
What is the Duty of Care owed by Bailee of a Vehicle to Innocent Third Parties on the Road?
Insurance Alert
Does a garage owner owe a duty of care to a third party who comes onto the businesses private property, steals a vehicle and is injured in a subsequent motor vehicle accident? The Supreme Court of Canada has ruled that “a business will only owe a...
May 2018
Trolls on the Bridge to Your Brand
The Medium
Canada’s Trade-marks Act has been radically amended, with those changes announced by the Canadian government to come into effect in “early 2019”.  But the effect of those upcoming changes for brand owners is already happening, an...
May 2018
Are Your Personality Rights Protected?
The Medium
The present day is marked by the propagation of cameras in nearly every device and the ability to instantaneously share and spread photos and information. The result has been to make it exceedingly difficult for individuals to protect themselves from h...
May 2018
Can Smart Contracts Really be Smart?
The Medium
“We are in the midst of a revolution – a revolution in the technology of storing, processing, and communicating information… [which] has brought about profound changes in business, political, and social institutions.”This quote...
April 2018
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
C. The Ontario Court of Appeal upheld a decision that a hospital insurer owed a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasio...
April 2018
Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet)
Defence + Indemnity
A. Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant’s negligence) and clear language in the lease is ...
April 2018
Case Summary: Jones v. I.F. Propco
Defence + Indemnity
A. An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her  private profile, even where she planned to call witnesses to testify to the differences between...
April 2018
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
A. The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the claim under the insurance policy, sometime aft...
April 2018
Case Summary: Biggar v. Enns
Defence + Indemnity
B. 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 eme...
April 2018
Case Summary: Glover v. Leaky
Defence + Indemnity
B. An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed such weight as the Court decides.  Thu...
April 2018
Case Summary: Tuffnail et al v Meekes et al
Defence + Indemnity
B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).    Tuffnail et al v Meekes et al, 2017 ONSC 2894, per H.A. Rady J.  [4268]   FACTS AND...
April 2018
Case Summary: Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc.
Defence + Indemnity
A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage.Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc., 2017 ONCA 876 [4266]; aff’g 201...
April 2018
Case Summary: Stefanyk v Sobeys Capital Incorporated
Defence + Indemnity
C.  A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not negligence to put a bicycle rack at tha...
May 2018
Don't Forget the Sanctions...
Professional Regulatory Webinar
You’ve heard all the evidence and the charges are proven. For the professional whose career is on the line, nothing could be more important than what comes next... Presented by James Casey, QC and Gregory Sim of the Field L...
May 2, 2018
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Wills, Estates + Trusts Seminar
Join Field Law’s Wills, Estates + Trusts Group and your colleagues from the non-profit sector for a complimentary lunchtime seminar. This seminar is designed to assist charities and non-profit organizations and their staff with an understanding o...
April 19, 2018
Resolve to Resolve Alternatively
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for a lunchtime roundtable. This roundtable is designed to assist regulators and their staff whose mandates include resolving complaints, including by assessin...
April 19, 2018
Weed at Work: Preparing for the Upcoming Legalization of Cannabis in Canada
Seminars
Join Trojan Safety, SIX Safety Systems and Field Law for a detailed half-day seminar providing practical advice and useful tips to prepare your organization for situations involving cannabis in the workplace. During this comprehensive half-day semin...
April 2018
Cannabis Regulation in Canada’s Territories
Countdown to Cannabis Legislation
Canada's plans for cannabis legalization are slowly rolling into focus. While many of the details of the regulatory framework are still under review, it is clear that the approach to regulation taken by the Provinces and Territories is mixed and di...
April 12, 2018
Women in Leadership - 11th Edition
Conferences
Leading successfully in today's environment
We live – and work – in a world, in professions, where notwithstanding the Me Too and Time’s Up movements, sexism and gender bias are alive and well. Now, more than ever, empowerment of women – and ownership by women – mat...
April 11-12, 2018
HR Undefined 2018
Conferences
HR Undefined is CPHR Alberta’s largest annual event. It provides an environment where you can learn solutions to HR challenges through professional development and networking with Alberta’s HR pros. In April 2018, Human Resources and busine...
April 2018
Cannabis: Insurance Implications
Seminars
CICMA/CIAA Education Conference
April 3, 2018
Field Law Launches 2018 Community Fund Program
Regional law firm pledges $75,000 to support community initiatives in Alberta and the Northwest Territories
Field Law, a western and northern regional law firm, is excited to announce the launch of its 6th annual Field Law Community Fund Program (the Program). The Program supports local initiatives and causes within communities in Northern and Southern Alber...
April 2018
Is Spousal Support Available After Death?
Field Law Blog
April 3, 2018
Blockchain Hype, Myths and Today’s Practical Applications
Presentations
Evening Pubinar Series (IAIA-WNC Southern Alberta)
April 2018
A Reference to Deference – The Court Weighs in on a Consultant’s Findings
Field Law Blog
Spring 2018
Cannabis in the Workplace: A Few Things Employers Might Get a Taste of
Aboriginal Business Quarterly
March 2018
Cannabis in the Workplace: A Few Things Employers Might Get a Taste of
Countdown to Cannabis Legislation
At this point, employers in Alberta are acutely aware that cannabis or marijuana is about to become a legal substance. However, they might not yet have a full understanding of how this legalization will impact them, their employees or their workplace. ...
March 2018
26 (Months) is the New 24: No “Hard Cap” on Reasonable Notice Periods
Workwise Newsletter
What is the maximum amount of notice that an employee is entitled to upon termination? In Dussault v Imperial Oil Limited, 2018 ONSC 1168, the Ontario Superior Court of Justice confirmed there is no cap on the length of reasonable notice of termination...
March 2018
Rolling the Dice on Costs of Estate Litigation
Field Law Blog
March 2018
Contentious Construction Contract Clauses: Traps and Pitfalls to be Aware Of
Presentations
BUILDEX Edmonton Conference
March 2018
Duty of Fairness at Investigative Stage and the Importance of Cooperation in an Investigation
Perspectives for the Professions / Canadian Employment Law Today
March 2018
Unauthorized Practice: Strategies that Work
Perspectives for the Professions
Regulators have an obligation to protect the public from unqualified, unauthorized persons practicing the profession. Regulating this risk to the public is challenging. Regulators have a variety of approaches and tools to secure compliance with their g...
March 2018
Reduction in Sanction on the Basis of Delay is Not Automatic
Perspectives for the Professions
The Law Society of Upper Canada v Abbott, 2017 ONCA 525, holds that delay in initiating investigatory and disciplinary proceedings does not necessarily justify a reduction in sanction. Mr. Abbott was a real estate lawyer. In 2007, a lender client,...
March 2018
CIP Society Symposium 2018
Seminars
Emerging Risks
In July of this year, legalization of cannabis in Canada and medical cannabis in Canada will be legal.  Gain an understanding of how cannabis laws will impact various types of insurers and how policy wordings and coverage might be impacted in vari...
Winter 2018
2017 A Year in Review Seminar Series
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Occupational Health and ...
March 2018
Mo’ Money, Mo’ Administration
Field Law Blog
March 2018
Double Duty: Executors’ Tax Filing Obligations
Field Law Blog
Winter 2018
Cybersecurity for Canadian Organizations
Risks + What to Do
Digital technologies offer many benefits, but they also expose their users to an increasing range of threats with the potential not only to cripple or destroy an organization’s digital assets and data, but also to cause huge financial losses. It ...
March 2018
Mandatory Breach Reporting under PIPA and PIPEDA
February 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor ought to have known that the vehicle was stol...
February 2018
Case Summary: Hartley v Security National Insurance Company
Defence + Indemnity
A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the  U.S. state where the accident occurred up to the OPCF 44R limits but not for the plaintiff’s U.S. legal fees....
February 2018
Case Summary: Stefanyk v Stevens
Defence + Indemnity
A. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a condition or activity on its premises to ...
February 2018
Case Summary: Halley v McCann
Defence + Indemnity
B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for damages plus $1,500 in punitive damages.Halley v McC...
February 2018
Case Summary: Vanderveen v Waterbridge Media Inc.
Defence + Indemnity
A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion.  Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (Ont.S.C. Small ...
February 2018
Case Summary: Alberta v Suncor Energy Inc.
Defence + Indemnity
A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that every document on the investigation file is privileged ...
February 2018
Case Summary: Valard Construction Ltd. v Bird Construction Co.
Defence + Indemnity
A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, p...
February 2018
Case Summary: Stevenson v Thompson
Defence + Indemnity
A. 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...
February 2018
Case Summary: Aviva Insurance Company of Canada v Intact Insurance Company
Defence + Indemnity
B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded facts did not allow a determination if the escape fel...
February 2018
Protection From Discrimination in Employment – To Infinity and Beyond
Workwise Newsletter
At the end of last year, the Supreme Court of Canada, in the highly anticipated decision of British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 (“Shrenk”), addressed the following important issue: How far does protection from disc...
February 2018
Jail for OHS Offences? Yes - Even if the OHS Prosecutor Didn’t Ask For it!
Workwise Newsletter
It has long been the law in Alberta that work site parties convicted of offences under the Occupational Health and Safety Act, Regulations or Code could spend time in jail. Until recently, however, this had never happened. Alberta courts have relied in...
February 2018
When Calculating Lien Periods, it’s Convenient to be Prevenient
Field Law Blog
February 2018
Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong
Field Law Blog
February 2018
Do Something! Labour and Material Payment Bonds Should Be Disclosed to Claimants
Field Law Blog
February 2018
2018 Blockchain IoT & Machine Learning
Client Events
Oil & Gas Canada
How to Manage the Legal Risk of Emerging Technologies and IoT and Reap the Benefit
February 2018
Claims for Extra Work and Back Charges: A Tale of Two Trades
Field Law Blog
February 2018
Trademarks: Use it or lose it – and prove it!
The Medium
You may be surprised to learn that even after your trade-mark is registered, it can be expunged from the Trade-marks Register. One way is through Section 45 of the Trade-marks Act (“Act”). Section 45 of the Act authorizes expungement of tra...
February 2018
The Google vs. Equustek Decision: What comes next?
The Medium
The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an American company? The case of...
February 2018
Goodbye Floppy Disk, Hello Streaming Video: Trademark Evolution, Part 2
The Medium
Technology certainly evolves. Can a trademark do the same?In the world of intellectual property rights, a registered trademark can live on for a hundred years or more. If you registered a trademark in the 1800s, it could still be valid today. But will ...
February 2018
You May Have to Keep Your Promises
Field Law Blog
February 2018
Neil Kathol on Global News with Nancy Hixt
Legal experts urge caution when posting online about the #MeToo movement
February 2017
Fairmont: SCC Raises Hurdle for Rectification
Canadian Tax Focus (Volume 7, Number 1)
February 2018
Univar: Arm’s Length Surplus Strip Not Abusive
Canadian Tax Highlights (Volume 8, Number 1)
February 2018
Trust Residence Post-Fundy
Canadian Tax Highlights (Volume 26, Number 2)
2013-2018
Professional Regulation and Ethical Issues in the Laboratory (University of Alberta)
January 2018
Drones 101
Calgary lawyer says laws confusing but clarity is on the horizon
January 2018
Understanding Limitations of Liability: Recent Alberta and Canadian Case Law
Canadian Institute: Managing Risk in Construction Contracts & Projects Conference
2017-2018
Privacy Law for Human Resource Professionals (NAIT)
2017-2018
Privacy Fundamentals for Professional Regulators
January 2018
An Unconscionable Bargain
Field Law Blog
January 2018
Update on Conflicts of Interest Act: Deadlines Looming for Post-Secondary Institutions
As we outlined in an earlier article, the Alberta Legislature recently introduced Bill 27: the Conflicts of Interest Amendment Act. This Act, which is now in force, expands the reach of the Conflicts of Interest Act to all public agencies, boards and c...
January 2018
The Blockchain Patent Gold Rush
JD Supra
January 2018
North of 60 Series: Estate Administration in the Northwest Territories
Field Law Blog
January 2018
Contractor Know Thyself: If You Don’t, You May Lose Your Lien
Field Law Blog
January 2018
Field Law in the Calgary Herald: Nonfiction enjoys Stampede partnership
Nonfiction Studios, the Calgary creative agency responsible for Field Law’s blog and Community Fund Program website, is profiled by the Calgary Herald ahead of their 2018 partnership with the Calgary Stampede.
January 2018
Could new technology keep drones from spying on you?
Vanessa Hvratin, National Post
Erika Carrasco offers perspective on the current challenges facing the drone industry, and how new technology and privacy laws could impact future drone legislation.
January 2018
Fatal Errors: The Small Mistakes That Can Have a Big Impact On Your Lien Claim
Field Law Blog
January 2018
Field Law Announces Two Partners
Firm Welcomes Malkit Atwal and Sharon Roberts to its Partnership
EDMONTON – Field Law is pleased to introduce Malkit Atwal and Sharon Roberts as partners of the Firm. The addition of Malkit and Sharon to Field’s partnership is an emblem of the Firm’s growth in 2017, and its continued expansion and ...
December 2017
Termination Problems: When Can You Walk Away From a Contract?
Field Law Blog
December 2017
Through the Scratched Looking Glass: Sattva, Ledcor, Teal and Developments in the Law of Contract
Carswell Annual Review of Civil Litigation 2017
December 2017
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or violation of a right of privacy, wi...
December 2017
Case Summary: Middleton v Pankhurst
Defence + Indemnity
A. In Ontario the Statutory Condition in an auto policy requiring that the driver be “authorized by law” to drive refers to the licensing regime such that breaching driving conditions in a probation order does not render the driver to be un...
December 2017
Case Summary: Co-operators General Insurance Company v. Kane
Defence + Indemnity
C. Where the policy excludes coverage for intentional acts, allegations of negligence relating to the same claim will not be excluded from coverage if “it is possible that they were not committed with the same intention or state of mind, being to...
December 2017
Case Summary: Baker v Poucette
Defence + Indemnity
A. Where a plaintiff is held to suffer a negative loss (i.e. has had a “gain”) under one head of damage, that gain is not to be offset or deducted from another head of damage where the plaintiff has suffered a loss. Baker v Poucette, 2017 ...
December 2017
Case Summary: Economical Mutual Insurance Company v Gill
Defence + Indemnity
B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent’s homeowner’s policy was held to exclude coverage for the parent.  Economical Mutual Insuran...
December 2017
2017 Field Law Post-Secondary Summit Recap
Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below, followed by a directory of the lawyers in Field Law’s Post-Secondary Education Practice ...
December 2017
Case Summary: R v Shah
Defence + Indemnity
A. After the first reported decision on drones in Canada, the drone operator was found guilty of flying his drone "in a manner hazardous or likely hazardous to aviation safety" under section 602.45 of the Canadian Aviation Regulations as it t...
December 2017
Case Summary: Reeb v. The Guarantee Company of North America
Defence + Indemnity
D. An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent counsel (an amicus curae or Cumis counsel) to defend the i...
December 2017
Case Summary: Larizza v. The Royal Bank of Nova Scotia
Defence + Indemnity
B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a credit check in the circumstances and a reasonable p...
December 2017
Case Summary: Hobin v. Enterprise Rent-A-Car Company
Defence + Indemnity
A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the driver’s negligence at $1 million and to make t...
December 2017
Unilaterally amending payment terms by conduct alone…Nice try!
December 12
If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation,  You Need to Read This!
Workwise Newsletter
Important changes to Alberta’s Employment Standards Code (the “Code”) come into effect in just a few short weeks. In order to align the Employment Standards Regulation with these changes, on December 7, 2017 the Government of Alberta ...
December 2017
A Different Kind of Joint Problem
Field Law Blog
December 2017
R v Jarvis: Is There a Reasonable Expectation of Privacy in Schools?
Workwise Newsletter
In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment.BackgroundThe Respondent, a high school teacher, was surreptitiously recording female students and teachers using...
December 2017
Employment Standards Code Changes are Effective January 1: Are You Ready?
Workwise Newsletter
As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family- Friendly Workplaces Act come into effect on January 1, 2018. Employers should take the following ...
November 30, 2017
2017 Field Law Post-Secondary Summit
Conferences
Join us for our second annual summit to focus and collaborate on legal issues facing Alberta's post-secondary institutions. Click here to view the brochure.  Click here to register.   
November 2017
The Devil is in the Drafting: Is an Estate Entitled to Spousal Support Payments?
Field Law Blog
November 2017
Bill 30 Overhauls Alberta's Occupational Health and Safety Act
On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete replacement of the c...
November 2017
IP: What’s In It For You
Presentations
Canadian Intellectual Property Institute of Canada
November 2017
It’s Your Funeral, but Who Calls the Shots?
Field Law Blog
November 2017
Field Law at CBA West 2017
The Alberta and British Columbia branches of the Canadian Bar Association (CBA) are teaming up to present “CBA West 2017”, an exciting new legal conference for lawyers practicing in Western Canada. The conference will take place in Las Vega...
November 2017
Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies
Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and commissions in Albert...
November 2017
Sandra Corbett, QC recognized with a Women in Law Leadership (WILL) Award
For Leadership in the Profession in Private Practice
Sandra Corbett, QC, has won a 2017 Women In Law Leadership (WILL) Award in the area of Leadership in the Profession (Private Practice). The Award recognizes and applauds lawyers in private practice who has shown extraordinary leadership and a commitmen...
November 2017
Legally Using Drones in Construction - How to Maximize Profit while Minimizing Risk
Presentations
BUILDEX Calgary
November 2017
My Last Will and Textament
Field Law Blog
November 2017
Legal eagle to explain how to soar like a drone properly
Peter Caulfield, Journal of Commerce
Ahead of Calgary Buildex 2017, Erika Carrasco provides background on her presentation on safe, legal use of drones: It's a Bird, It's a Plane, No It's a Drone! Legal Know-how for Successful Use and Operation of UAVs on Construction and Comm...
November 2017
Aboriginal Business Structures
Faculty of Law, University of Alberta
November 2017
Discipline Hearing Processes
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
November 2017
Decision Writing
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
October 2017
(Don’t) Live Together, Love Together
Field Law Blog
October 2017
Birss v Tien Lung Taekwon-Do Club
Defence + Indemnity Newsletter
A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are taken to consent to the risks inherent in the sport, ther...
October 2017
The Brick Warehouse LP v Chubb Insurance Company of Canada
Defence + Indemnity Newsletter
A. Where an insured’s employee followed an email from a fraudster posing as a vendor to change the electronic payment instructions to an account controlled by the fraudster, coverage was denied under the funds transfer fraud coverage in a crime p...
October 2017
Case Summary: Vermilion & District Housing Foundation v Binder Construction Limited
Defence + Indemnity Newsletter
A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.  Vermilion & District Housing Foundation v Binder Construction Limite...
October 2017
Hudye Inc v Rosowsky
Defence + Indemnity Newsletter
A. Notes prepared for a witness to rely upon to refresh his/her memory prior to a Questioning may not be privileged and, if they are, relying on those notes to testify waives any privilege over the notes.  Hudye Inc v Rosowsky, 2016 ABQB 724, per ...
October 2017
Bruff-Murphy v Gunawardena
Defence + Indemnity Newsletter
B. 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 expe...
October 2017
No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements
Professional Regulatory Alert
The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the regulation of activities w...
October 2017
Failure to Investigate Not Fatal to Just Cause Termination
Workwise Newsletter
The Alberta Court of Queen’s Bench’s recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centres around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also contains importan...
October 2017
You Can Ask for Advice and Directions
Field Law Blog
October 2017
Times They Are A Changin': Drastic Changes to Alberta's Work Laws Are Upon Us
Seminars
The provincial government's new Fair and Family-Friendly Workplaces Act has introduced profound changes to Alberta's Employment Standards Code and Labour Relations Code. Some changes are already in effect, and some come into effect on January 1...
October 2017
Perspectives on Transparency for Professional Regulators
Conferences
The Canadian Network of Agencies for Regulation (CNAR) Conference, Halifax, NS
October 2017
Field Law brings ideas and energy to Opportunities North 2017
Creating and expanding economic opportunities for northern communities in Canada
As Canada’s economy continues to slowly recover from an ongoing global downturn, questions remain about how our country will address longstanding issues of unemployment and a lack of opportunity in our northern communities.  As a business in...
October 2017
Legalized Recreational Marijuana in Alberta - Is Your Workplace Prepared?
The Advisor
On April 13, 2017, the federal government tabled two new cannabis-related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill C-46: An Act to ame...
October 2017
Field Law Lawyers and Department recognized in Chambers Canada 2018 Guide
Field Law is pleased to announce that it has been listed in the Chambers Canada 2018 guide as having a “Highly Regarded Corporate/Commercial” Department in Alberta.Additionally, the following lawyers have been ranked: L. Frank Molnar, Q...
October 2017
What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?
2013-2017
Legalities of Nursing (University of Alberta)
September 2017
Importance of Clear Guidelines and Policies
Perspectives for the Professions
Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the guidelines.Dr. Silwin was ...
September 2017
The Relationship Between Council and the Chief Executive Officer
Perspectives for the Professions
The Chief Executive Officer of a professional regulatory organization is the senior staff person responsible for the overall operations of the organization. Typically, the CEO will report to Council which is responsible for providing governance oversig...
September 2017
Standing of Complainants on Judicial Review
Perspectives for the Professions
Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint.Mr. Holden, a member of the Law Society of the...
September 2017
A. Danielle Bourgeois honoured by University of Alberta
Field Law lawyer and former Pandas hockey player inducted into the Sports Wall of Fame
A. Danielle Bourgeois, '05 BA, '09 LLB, will be inducted in the University of Alberta Sports Wall of Fame for her leadership in university sport. President David H. Turpin presented Danielle with her award on September 25, 2017 at the Northern Alberta ...
September 2017
Without Prejudice: An Invisibility Cloak for a Mature World
Workwise Newsletter
Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second “without pre...
September 2017
Time is Tickin’ — Limitation Periods and Your Lien
September 2017
Autonomous Vehicle Law: The Current Legal Landscape
Presentations
The National Public Sector Lawyers Forum
September 2017
Your Career May Be An Open Book: Privacy and Regulatory Investigations
The CAP Monitor
September 2017
The Next Industrial Revolution: How IoT Will Change the Way People Live, Work & Play
Presentations
SCG Legal Annual Meeting
August 2017
Defence + Indemnity - August 2017
August 28, 2017
Maggie Rabinovitz joins Field Law's Calgary Team
Firm expands corporate law and real estate practice
CALGARY – Field Law has welcomed Maggie Rabinovitz to the Field Law office in Calgary. This new addition to the Field Law Calgary team aligns with the Firm’s commitment to delivering personalized service to our clients.  With prior ...
August 2017
Accommodating Medical Marijuana Use in the Workplace
Presentation
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a...
August 2017
Case Summary: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd.
Defence + Indemnity Newsletter
A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims after principal’s default)  &...
August 2017
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Workwise
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB 374 cautions employers to ...
August 14, 2017
Field Law welcomes Jennifer Marshall to Business Law Group
Firm welcomes new mergers and acquisition lawyer to its Calgary office
CALGARY – Field Law welcomes Jennifer Marshall to their Calgary office. Jennifer joins the firm’s Business Law Group as their newest lawyer.  Field Law continues its expansion and diversification in key industries including energy and ...
August 2017
Tips & Traps – Partial Payment from the 10% Holdback
August 2017
LESA Estate Administration Fundamentals
Presentations
August 2017
Case Summary: Funk v. Wawanesa Mutual Insurance Company
Defence + Indemnity
The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to relieve against forfeiture, per the Judicature Act,...
August 2017
Biancaniello v. DMCT LLP
Defence + Indemnity
Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed.  Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]I. FACTS AND ISSUES   ...
August 2017
Bumstead v. Dufresne
Defence + Indemnity
The Court of Appeal upheld a trial judgment based on significant plaintiff credibility issues awarding less than $300,000 in the face of a $2,000,000 claim.  Bumstead v. Dufresne, 2017 ABCA 122 [4236]I. FACTS AND ISSUES   This judgement inv...
August 2017
Nemchin v. Green
Defence + Indemnity
A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to disclosure it herself, where the Defendant agreed to a ...
August 2017
Knibb v. Foran
Defence + Indemnity
The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron consumption, because the evidence did not establish that the t...
July 2017
“A rose by any other name? Not so!”: The critical role of “improvement” in the Builders’ Lien Act
July 2017
Mistakes and Builders’ Liens: Fixable or Fatal?
July 2017
Things Left Unsaid – Determining Price Adjustment resulting from Scope Changes
July 2017
Estimates: How Important Are They Really?
July 2017
Summary Judgment: Shortcut to Payment?
July 21, 2017
Field Law Announces Northern Alberta Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in Northern Alberta
Field Law, a western and northern regional law firm, is excited to announce the Northern Alberta winners of the Field Law Community Fund Program (“the Program”). This year, the Program celebrated its fifth year of supporting local community...
July 17, 2017
Field Law Announces Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in the NWT
Field Law, a western and northern regional law firm, is excited to announce the Northwest Territories winners of the Field Law Community Fund Program (the Program). This year, the Program celebrated its fifth year of supporting local community initiati...
July 2017
How Key is the Employee? Identifying When an Employee is a Fiduciary
Workwise
A fiduciary employee is an employee trusted with a measure of responsibility by their employer. This in turn creates corresponding duties owed by the fiduciary that go over and above those normally owed by an employee to an employer.It is therefore imp...
July 2017
Alberta’s Highest Court Clarifies OHS Law: Privilege Must Be Proven
Labour and Employment Alert
With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under Alberta’s Occupational ...
July 6, 2017
Field Law Announces Award Winners of the 2017 Field Law Community Fund Program
Fifth year of program breaks public voting records to support community initiatives in Calgary area
Field Law, a western and northern regional law firm, is excited to announce the Southern Alberta winners of the Field Law Community Fund Program (the Program). This year, the Program celebrated its fifth year of supporting local community initiatives i...
June 2017
Define Who Your Children Are In Your Will
Field Law Blog
June 2017
The King of Pop on Death and Taxes
Field Law Blog
June 2017
Certain Earnings During Notice Period Not Considered Mitigation
Workwise
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain earnings during the n...
June 2017
“Fiduciary Duty” as an Ingredient of the Pension “Mélange”
Presentations
June 2017
First Calgarian convicted for flying drone wins new trial after appeal
Shawn Logan, Calgary Herald
Erika Carrasco grants insight into the complexities of UAV Regulations in Canada, and her involvement as counsel in the appeal of the first person in Calgary charged under those Regulations.
June 2017
Business Succession and Tax Planning Strategies
Conferences
June 2017
US Drone Registry is Shot Down
By Richard StobbeIn 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 the...
June 2017
Accessing Capital for Equity Partnerships
Presentations
Finance and Tax Essentials for Indigenous Economic Ventures, Resource Development and Projects
June 2017
Copyright in Seismic Data is Confirmed
By Richard Stobbe In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner o...
June 2017
Update on Bill 17: The Fair and Family-friendly Workplaces Act
Workwise Newsletter
June 2017
Cyber Liability and Privacy
Seminars
June 2017
Discussion of the Edmonton School District No. 7 v. Dorval Decision
A discussion of what kind of flexibility do educators have to disagree with administration before it turns into insubordination? Do school educators have academic freedom and if so, how far does it go?
June 2017
Case Update for Styles v. Alberta Investment Management Corporation
Workwise Newsletter
On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.1 This leaves the Alberta Court of Appeal’s decision u...
June 2017
“I googled it”: Generic Words and Trademark Rights
The Medium
A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service.In a very interesting decision from the US Ninth Circu...
June 2017
The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility
Professional Regulatory Alert
Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreeme...
June 2017
Non-Competition Clauses: Enforceable or Just for Show?
The Medium
When can a non-competition clause actually stop someone from working? Or are these clauses just for show?   Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former employer.  ...
June 2017
Government of Canada Suspends CASL's Private Right of Action Provisions
By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised by businesses,...
June 2017
Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope
The Medium
Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable?  Based on recent cases in the United States, the answer is: yes, software inventi...
May 2017
Financial and Tax Essentials in First Nations Land and Resource Development – Revenue Sharing, Equity Participation, Financial Governance Structures and More
Presentations
May 2017
Copyright Infringement on a Website: the risks of scraping and framing
By Richard Stobbe 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 image, and is th...
May 2017
Registrations closes May 31 for ELLA's 15th Annual HeadStart Program
Edmonton Law Libraries Association is proud to present the 15th Annual HeadStart ProgramFrom request to memo, follow the trail of legal research including finding articles, books, case law, and legislation. Research professionals will provide tips, tri...
May 2017
If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use
Professional Regulatory Alert
Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered Professional Accountants of Britis...
May 2017
Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents
Workwise
The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents.The agreement is titled the &...
May & June 2017
Complex Facts & Contested Evidence: No Longer a Hurdle for Summary Judgment?
May.June 2017
Marijuana in the Workplace
Seminars
May 2017
Case Summary: MJ Limited (MJ Trucking) v. Prairie Mountain Construction (2010) Inc.
Construction Law Letter
Registering a lien against the wrong lands: fatal or repairable? See page 13.
May 2017
Transfer-Pricing Penalty Update
Canadian Tax Focus (Volume 7, Number 2)
May 2017
Hybrid Sales
Canadian Tax Highlights (Volume 25, Number 5)
May 2017
Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images
On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images of them distri...
May 2017
Highlights of Bill 17: Alberta’s Fair and Family Friendly Workplaces Act ​
Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and family-friendly workplaces...
April 2017
Defamation with the Click of a Mouse: Assessing Damages
By Richard Stobbe 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 becaus...
April 2017
Patent Infringement for Listing on eBay?
By Richard Stobbe A patent owner notices that knock-off products are listed for sale on eBay. The knock-offs appear to infringe his patent. When eBay refuses to remove the allegedly infringing articles. The patent owner sues eBay for patent infringemen...
April 2017
Taking Off: Drone Law in Canada
Seminars
What You Need to Know to (Legally) Operate a Drone   Did you know that people operating drones are considered pilots of aircraft? Or that the Canadian drone market is estimated to be worth between $100-$260 million by 2024? How about the fac...
April 2017
Bill 7: An Act to Enhance Post-Secondary Academic Bargaining
Bill 7 passed first reading in the Alberta Legislature on April 6, 2017. The Bill is part of the Government of Alberta’s response to the Supreme Court of Canada decision that guaranteed workers the right to strike and comes after consultation wit...
April 2017
LESA Seminar on Estate Litigation Fundamentals
Seminars
April 2017
Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfil Mandate
Professional Regulatory Alert
In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to meet their public interest ma...
April 2017
Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana
On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and Bill C-46: An Act to ame...
April 2017
Family Status Accommodation: Where Are We Now?
April 2017
Reviews of Workplace Legislation Underway in Alberta
In Alberta, the Employment Standards Code1 establishes the minimum standards for employment relationships. Relatedly, the Labour Relations Code2 governs the relationships between unions and management. Both the Employment Standards Code and the Labour...
March 2017
Canadian Copyright & Breach of Technological Protection Measures (TPMs): $12.7 million in Damages
By Richard Stobbe It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were provisi...
March 2017
Interim Canadian Drone Rules Launched
By Richard StobbeAs 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...
March 2017
Bequest Management for Charities in Canada (2nd Edition)
Contributing Author - Predrag Tomic
Written for charities and their advisors, this book is a great legal and practical guide on managing bequests. Along with Ontario, Alberta and British Columbia, the second edition has been expanded to include Saskatchewan, Manitoba, and the eastern pro...
March 2017
Experimental Use of an Invention
Inventors must take care that their invention is “new” for it to be patentable. That means the invention hasn’t been disclosed to the public. Trade show announcements, press releases, publications, offering the invention for sale &nda...
March 2017
Intersection of Family and Criminal Law
March 2017
Don’t Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause
Workwise Newsletter
March 2017
Labour and Employment Year in Review 2016
Seminars
February 2017
Defence + Indemnity - February 2017
February 2017
Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility
Workwise Newsletter
February 2017
Another Canadian Decision Reaches Outside Canada
This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in Romania. The material in quest...
February 2017
5 Tips to Avoid Constructive Dismissal Claims
Workwise
A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee, the employee feels as though they are being pushed out and quit...
February 2017
VCC vs. VCC: Where's the Confusion?
. By Richard Stobbe When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015 (See: No copyright or trademark protection for metatags). In that earlier decis...
2017
Lead Author, "Earth, Wind & Fire: Power Infrastructure in Alberta’s New Age", Alberta Law Review, Vol. 55, No 2: Energy Law Edition
February 2017
Pension Potpourri
Presentations
February 2017
Recent Changes in Canadian Immigration Law and Policy
Seminars
February 2017
The MIR and the Charter
2017
Speaker, “Credit Enhancement Techniques to Secure Payment Obligations under Midstream Services Agreements”, private client presentation
Presentations
January 2017
CPP Disability Benefits: To Deduct or Not to Deduct
January 22, 2017
Our Calgary and Edmonton Offices Have Moved!
Click through to update your records with our new addresses:CALGARY OFFICE (as of January 23, 2017)400 - 444 7 AVE SWCalgary AB T2P 0X8EDMONTON OFFICE (as of December 12, 2016)2500 - 10175 101 ST NWEdmonton AB T5J 0H3Please note phone numbers and ema...
January 2017
Case Summary: Third Party Accreditation
Perspectives for the Professions
B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as a mandatory precondi...
January 2017
Case Summary: Test for Interim Conditions
Perspectives for the Professions
Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had sexually assaulted a clie...
January 2017
Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given
In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted principles established...
January 2017
Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given
Perspectives for the Professions
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...
2009-Present
Legal Issues in Dentistry
1991-1996
Bar Admission Course - Business Law Section
December 2016
Defence + Indemnity - December 2016
December 2016
The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind
November - December 2016
Family Status Accommodation Seminars
November 2016
Farm Workers in Western Canada
November 2016
Thinking of Immigrating to Canada?
To the astonishment of many around the globe Donald Trump has been elected as the 45 th President of the United States of America; and for the second time this year, the Government of Canada’s immigration website crashed ...
November 2016
CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties
November 2016
Reorganization Following Arm’s Length Purchase Found Abusive
Canadian Tax Focus (Volume 6, Number 4)
November 2016
The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns
It may be assumed that when an employee says “I quit” or walks into his employer’s office, hands in his keys and says “I’m done” the employer can  accept the employee’s resignation and move ...
October 2016
Defence + Indemnity - October 2016
October 2016
Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
Professional Regulatory Alert
In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in P...
October 2016
Being a mentor - it's good for you too
October 2016
Civil Litigation in Alberta - Surprises, Secrets and Strategies
Presentations
October 2016
Drone Regulations and the Evolving Legal Implications
October 2016
Drones
September 2016
States' Response to Evolving Drone Issues
October 2016
Professional Regulatory Workshop: Assessing Credibility: More Art Than Science
Seminars
September 30, 2016
Field Law Recognized by Chambers Canada
Regional firm earns inclusion in Chambers Canada directory
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce their recent inclusion in the Chambers Canada Directory.Field Law was listed in Chambers Canada 2016 as a “Highly Regarded Corporate/Commercial” fi...
September 2016
Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts
The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the surrou...
September 2016
An Update to our Latest Article on Electronic Travel Authorization Becomes Mandatory
Only days before the electronic Travel Authorization (eTA) requirement was to become mandatory for all visa­-exempt foreign nationals* the Government of Canada announced its decision to extend the leniency period to November 9, ...
September 2016
Ownership of Copyright in Software
Can an employee claim to own the employer’s software?An “author” of a work is the first owner of copyright. To determine ownership, it’s necessary to determine which contributions will be considered “authors...
September 2016
The Wild West: Drone Laws and Privacy in Canada
‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be p...
September 2016
Post-Grant Patent Amendment - Canadian and US Options
On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if you re...
September 2016
Alberta Minimum Wage Increases Affect All Foreign Workers, Especially Caregivers
September 2016
Electronic Travel Authorization Becomes Mandatory
On September 29, 2016 the leniency period will end and all visa­-exempt foreign nationals travelling to Canada will require an Electronic Travel Authorization (eTA). An eTA can be obtained through an online prescreening process that ...
September 2016
Alberta's Minimum Wage is on the Rise
September 2016
Cyberbullying IRL
September 2016
5C - The Rise of the Drones - Liability and Insurance Implications
September 2016
Long Lasting and Difficult to Eradicate: An Update on General Damages Awards for Chronic Pain in Alberta
September 2016
Recognizing and Accommodating Employees in Mental Distress
September 2016
The Anatomy of Medical Malpractice Litigation
August 2016
Defence + Indemnity - August 2016
August 2016
Promising Updates to Royalty Programs - Energy Industry at a Crossroad
HIGHLIGHTS In early July the Alberta Department of Energy (Alberta Energy) announced two new royalty programs – the Emerging Resources Program and Enhanced Hydrocarbon Recovery Program– to stimulate oil & gas production ...
August 2016
Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause
August 2016
Employer-Doctor Relationship: Obtaining and Responding to Medical Information
August 2016
Transfer-Pricing Penalties Now at Issue
Canadian Tax Focus (Volume 6, Number 3)
July 28, 2016
Field Law Announces the Northern Alberta Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on serving underprivileged children, a theatre festival for the hearing impaired, literacy and homework programs, and more
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Northern Alberta winners of the 2016 Field Law Community Fund Program. The annual Program, which supports local community initiatives and proje...
July 2016
Alberta Government Updating 2004 Auto Insurance Reforms
Insurance Alert
The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004; the Diagnostic and Treatment Protocols Reg...
July 19, 2016
Field Law Announces the Northwest Territories Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on cancer peer support, anti-bullying seminars and youth science workshops
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Northwest Territories winners of the 2016 Field Law Community Fund Program. The annual Program, which supports local community initiatives and ...
July 2016
Police Access to Accused Statements to the Insurer
Canadian Bar Association
July 2016
If Your Expert Doesn’t Know the Product he is Testifying on, You’re Gonna Have a Bad Time
Insurance Alert
Most will remember the case McDougall v. Black & Decker Canada Inc. as being the leading Alberta case on the issue of spoliation. A fire occurred which burned down the Plaintiffs' house. The Fire Department who initially inv...
July 2016
One Small Step - Alberta Energy Regulator Makes Change to Interim Measures
HIGHLIGHTS The Alberta Energy Regulator (AER) has considered feedback on the interim measures put in place in Bulletin 2016­-16 and issued revisions and clarifications in Bulletin 2016-­21 The only change Bulletin 2016-­...
July 8, 2016
Field Law Announces Southern Alberta Award Winners of the 2016 Field Law Community Fund Program
Winners include charities focused on at-risk-youth, pet therapy access, women in crisis and more
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the Southern Alberta winners of the 2016 Field Law Community Fund Program. Now in its fourth year, the Program, which supports local community init...
July 2016
A Binding "Clickwrap Agreement" From Paper?
Consumers and businesses routinely enter into binding contracts by means of both paper agreements and online “click­-through” agreements. But what happens when you face a “hybrid” contract? Can a binding contract b...
July 2016
Why Every Parent in Alberta Should Have a Will
As a young, healthy parent, you may believe that having a Will is the last thing on a long priority list. However, while a Will is vital for everyone, those with children should be particularly mindful of the primary importance of h...
July 2016
The Alberta Energy Regulator Makes Waves with its Response to the Redwater Decision
Highlights The Alberta Energy Regulator (AER) issued Bulletin 2016-­16 which has put in place interim measures in response to the Court of Queen’s Bench decision in Redwater Energy Corporation (Re) (Redwater)1 The in...
June 2016
Defence + Indemnity - June 2016
June 2016
Counsel Comments: Lum v. Alberta Dental Association and College (Review Panel), 2016 ABCA 154
Take Five
June 2016
Performance Reviews: Check-Ups Keep Regulators Running in Top Condition
Perspectives for the Professions Newsletter
What is a performance review?A “performance review,” also known as a “third-­party review,” is a rigorous, in­-depth assessment of the regulatory performance of an organization by an independent and objective o...
June 2016
Case Summary: Good Character Requirement
Perspectives for the Professions Newsletter
Nowoselsky v. Saskatchewan Association of Social Workers, 2015 SKQB 390, dismissing an appeal from a Council decision upholding denial of registration.Mr. Nowoselsky disclosed in his application for registration with the Saskatchewa...
June 2016
Case Summary: Duty to Cooperate with Regulator
Perspectives for the Professions Newsletter
Round v. Institute of Chartered Accountants of Ontario, 2015 ONSC 7099, dismissing an application for judicial review following commencement of professional misconduct proceedingsThe Professional Conduct Committee (the “C...
June 2016
State of the Nation: Canada’s Immigration System
June 2016
New Essential Services Legislation Now In Force
On May 27, 2016, Alberta’s new Essential Services legislation came into force.Bill 4 – An Act to Implement a Supreme Court Ruling Governing Essential Services is the Alberta Government’s answer to the Supreme Court&rsqu...
June 2016
Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace?
Despite a new decision on the issue from the Alberta Court of Queen’s Bench (the “Court”) on May 18, 20161, the answer to this question remains “maybe.” The Court has, however, provided us with a measure of ...
June 2016
The Redwater Decision: The Alberta Energy Regulator - Trumped by Federal Bankruptcy Law
Highlights Federal Bankruptcy laws prevail to the extent of a conflict with otherwise valid provincial law. Receivers may renounce uneconomic assets.  The Alberta Energy Regulator (AER) does not have a super priority over secu...
June 2016
From Start to Finish - Business Development and Project Management
June 2016
Examining the Changing Legal Landscape
June 2016
Intensive Trial Advocacy Course
June 2016
Crime and Punishment: Workplace responses when employees face criminal charges
June 2016
From Conflict to Calm: Dealing with High-Conflict Behaviour in the Workplace: Questions and Legal Issues about Workplace Conflict
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity Newsletter
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.
2016
Presenter, "Derivatives Product Determination and Trade Repository Data Reporting Rules", private client presentation
Presentations
May 2016
Alberta LTD ruling offers lessons about exclusions for pre-existing conditions
May 26, 2016
Field Law Community Fund Program Seeks Community Input to Select Program Finalists
Regional law firm opens voting phase to public with $75,000 available for distribution
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, has launched the online voting phase for the fourth year of the Field Law Community Fund Program (the Program). The Program, which supports local pay-it-forward initiativ...
May 2016
Sit Back and Relax - Is there a Duty to Mitigate after Termination of a Fixed-Term Contract?
The Ontario Court of Appeal recently issued its decision in Howard v. Benson Group Inc. 2016 ONCA 256, relating to the termination of a fixed-­term employment contract. The Plaintiff, Mr. Howard, was a Truck Shop Manager who ent...
May 2016
Selected Cross-Border Issues of Interest for Canadians Investing Abroad
Presentations
Canadian Bar Association
May 2016
Court of Appeal Confirms Deference Owed to Registration Decisions and Explores Meaning of "Good Character and Reputation"
Professional Regulatory Alert
May 2016
Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority
Professional Regulatory Alert
In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducement...
May 2016
Keeping Your Cards Close To Your Vest
May 2016
Keeping Your Cards Close to Your Vest - Protecting Confidentiality for Statements
May 2016
Medical Marijuana:  Workplace Implications for Drug Testing, Zero Tolerance and Accommodation
May 2016
Bad Faith and Disability Insurance: Update, Traps and Tips
May 2016
Keeping Your Cards Close to Your Vest - Protecting Confidentiality for Statements
May 2016
Disappearing Drills in the Dominion - Cross-Border Evidentiary Considerations When Confronting Loss or Destruction of Evidence in Canada
April 2016
Defence + Indemnity - April 2016
April 2016
Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of Alberta 2016 ABQB 6
Perspectives for the Professions Newsletter
April 7, 2016
Field Law Launches Fourth Year of Field Law Community Fund Program
Regional law firm supporting local organizations and community causes with $75,000
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is excited to announce the launch of the 2016 Field Law Community Fund Program (‘Program’). The Program supports local pay-it-forward ideas and causes within the communit...
April 4, 2016
Field Law Announces Addition of Brad McFadden to the Energy Group
Field Law is pleased to welcome Bradley McFadden as a lawyer to the Firm’s Energy Group, effective April 4, 2016, which completes this phase of our Energy Group expansion.Brad practices corporate and commercial law in the energy and natural resources s...
April 2016
Social Networking in Litigation
April 2016
Alberta Energy Regulator Compliance Issues in the Oil and Gas Industry
April 2016
Enduring Powers of Attorney and Personal Directives
March 2016
When the Police Come Knocking: Police  Access to Airbag Control Module Data and the Insured’s Statements
March 2016
What's to Come
There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused on the areas...
March 2016
Donald Drumpf - Good for Canadian Immigration
During this years’ Super Tuesday, Donald Trump led the Republican primaries winning 7 states and 256 delegates. Perhaps more interesting than the voting polls on Super Tuesday, was the Google trends that followed. Within hours...
March 2016
Refugee Resettlement
On average, Canada approves approximately 10,000 refugee applications for permanent residence each year. Due to the Syrian refugee crisis, the Government of Canada announced last year that it would admit 25,000 Syrian refugees to Ca...
March 2016
Dependent Contractors Awarded 26 Months' Reasonable Notice
Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale.In the case of Keenan v. Canac Kitchens, 2015 ...
March 2016
Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act
Insurance Alert
Dempsey v. Bagley, 2016 ABQB 124 ­- Lessors of Vehicles Still Vulnerable Under Workers Compensation Act  There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were ...
February 2016
What Happens When a Franchise Agreement Ends - Part Three: Rescission
In our previous posts, we reviewed restrictive covenants and cancellation rights under franchise laws. In a recent decision of the Ontario Court of Appeal, the dispute focused on the right of rescission. As the court put it, the cas...
March 16, 2016
Field Law Announces Addition of Kathleen Shannon to the Energy Group
Field Law is pleased to welcome Kathleen Shannon as an energy regulatory lawyer to the Firm, effective March 16, 2016.Kathleen is also a qualified Engineer. She is a member of the Law Society of Alberta and the Association of Professional Engineers an...
March 2016
Significant Consequences Mean Significant Procedural Rights: Alberta Court of Appeal Provides Guidance on Procedural Fairness in Incapacity Assessments
Professional Regulatory Alert
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the Alberta Veterinary Medical Association (“ABVMA”) failed to afford procedural fairness to a veterinarian undergoing an incapac...
March 2016
Four Reasons You Should File Now
Considering the changes that are planned for Canadian trademark laws, there are several benefits to Canadian business owners reviewing their brands and trademarks, and applying for protection now. 1) Lower Application and Registration Fe...
March 2016
Competing After Employment (Part Two)
The Medium
Last summer, Jawbone, a fitness tracking hardware and software maker, sued its arch-­rival Fitbit (CNET, 2015) alleging that Fitbit lured its employees away to obtain access to Jawbone’s confidential information and produc...
January - March 2016
Labour and Employment: 2015 Year in Review
March 2016
Human Rights: 5 Top Cases from 2015
March 2016
When the Police Come Knocking: Police  Access to Airbag Control Module Data and the Insured’s Statements
March 2016
Malpractice Litigation: Making Your Way Through a Lawsuit Without  Skipping a (heart) Beat
March 2016
Intellectual Property for Designers
March 2016
When the Police Come Knocking: Police  Access to Airbag Control Module Data and the Insured’s Statements
March 2016
Trademarks and Copyright
March 1, 2016
Field Law Announces Addition of Britt Tetz to the Business Law Group
Field Law is pleased to welcome Britt Tetz as an Associate with the Business Law Group, effective March 1, 2016.Britt joins Field Law from an Edmonton-based firm where she held a general solicitor’s practice. Her practice at Field will ...
2016
Presenter, "Disclaimer of Take-or-Pay Contracts in Insolvencies, an Analysis of the American and Canadian Experiences", private client presentation
Presentations
February 2016
Defence + Indemnity - February 2016
February 2016
The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs
Professional Regulatory Alert
Feb 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity Newsletter
The relationship between trust and lien claims under Provincial builders' lien legislation.
February 2016
Stories of Survival Workshop - Tuesday, March 8, 2016 in Edmonton
We would like to let everyone know about an upcoming workshop being held in Edmonton: Stories of Survival Workshop Date: Tuesday March 8, 2016 Time: 9:00 a.m. to 12:30 p.m. Place: Holiday Inn Express Downtown, Salon A Topic: Stories of Surviv...
February 2016
Why You Should Act Now to Protect Your Intellectual Property in Canada
Significant amendments to Canada’s Trademarks Act (the “Act”) have been passed, but are not yet in effect. The legislative changes are rumoured to come into effect sometime in early 2018, which – if filed soon may...
February.March 2016
BIG Updates: Field's Year in Review
February 2016
BIG Alert
Program Delivery Update for the Artists
February 2016
Recruiting Temporary Foreign Workers
Seminars
February 1, 2016
Congratulations to 2016 Queen’s Counsel Appointee Sandeep K. Dhir, QC
Field Law is proud to announce that Sandeep K. Dhir, has been recognized for his legal achievements by appointment as Queen’s Counsel.“This year’s Queen’s Counsel appointees have demonstrated their commitment to enhancing our province’s justice system....
February 2016
Workplace Harassment: Best Practices for Employers
February 2016
Everyone is Watching - Social Media and Litigation
February 2016
River Deep, Deductible High: Home Owners and Condo Insurance
February 2016
Stop - Before You Break New Laws
February 2016
Everyone is Watching - Social Media and Litigation
February 2016
Temporary Foreign Workers: Best Practices for Employer Compliance
Seminars
February 2016
Everyone is Watching: Social Media and Litigation
January 2016
The House Proposes the Legalization of Euthanasia in Canada
2016 Alberta Law Conference Luncheon Debate
January 2016
Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory
Professional Regulatory Alert
In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (&ldqu...
January 2016
Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act
As of December 11, 2015, gender identity and gender expression are prohibited grounds of discrimination under the Alberta Human Rights Act. Under section 7 of the Act employers cannot refuse to employ or to continue to employ any person,...
January 2016
The Role of the Board - Practical Strategies to Add Value and Minimize Risk
Presentations
January 2016
Malpractice Litigation: Trading your OR Scrubs for a Lawsuit
January 2016
Stop - Before You Break New Laws
2016
Practice Fundamentals
Canadian Centre for Professional Legal Education 
June 2016
Accident Investigations
January 2016
Hiring or Contracting International Performing Artists?
December 2015
Case Summary: Liability of Regulators for Negligence
Salehi v. Association of Professional Engineers of Ontario, 2015 ONSC 7271 (CanLII) (Ont Sup Ct), claim of regulatory negligence during registration struck on basis of no private law duty of care.Mr. Salehi, a foreign educated engineer, sued ...
December 2015
Professional Regulation and Ungovernability
Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability Earlier this year, the Alberta Court of Appeal upheld a decision by the...
December 2015
How Not to Regulate the Profession: Findings of Discrimination at B.C. Veterinary Body Offers Cautionary Tale
Brar v B.C. Veterinary Medical Association, 2015 BCHRT 151 (CanLII) (B.C. Human Rights Tribunal)  The case of Brar out of British Columbia is remarkable, not only for its epic length (a titanic 1,601 paragraphs over 485 pages resul...
December 2015
Three Ways to Divide the Family Business Pie
December 2015
Beware the AMP
December 2015
Patent Law, Software Licensing and IT Transactions
December 2015
Patent Law, Software Licensing and IT Transactions
December 2015
Legal Developments in Public Construction Procurement
December 2015
Small Changes Big Impacts
Recent changes to the Temporary Foreign Worker Program’s (TFWP) compliance regime have garnered widespread publicity and response. However, several additional amendments were made to the Immigration and Refugee Protection Regu...
December 2015
Strengthened Rules Around Canadian Citizenship
New Requirements for Canadian CitizenshipBill C­-24 came into force on June 19, 2014 amending the Citizenship Act and the requirements for eligibility for Canadian citizenship. The changes include:  Increased residency requiremen...
December 2015
Alberta Immigrant Nominee Program Expected to Reopen January 27, 2016
The Alberta Immigrant Nominee Program (AINP) is an economic immigration program that involves the nomination of foreign nationals by the Province of Alberta for Permanent Residence in Canada. Provincial Nominee Programs exist in eve...
December 2015
Updated Caregiver Program
On November 30, 2014, a number of changes were made to the Live-­In Caregiver Program (LCP), offering further opportunities for caregivers to become permanent residents. These reforms aim to bring down the backlog and reduce processi...
December 2016
New Job Bank January 31, 2016
Job Bank is undergoing massive modernization as part of efforts by Employment, Workforce Development and Labour (previously Employment and Social Development Canada). On January 31, 2016 the new Job Bank will replace the current system, eliminating the...
December 2015
Express Entry Review
The views expressed in this article are those of the author and not of Field Law.It has been eleven months since the Government of Canada unveiled Express Entry as the new application management system for the economic immigration p...
November 2015
Defence + Indemnity - November 2015
November 16, 2015
Field Law Announces Addition of John McGee to the Business Law Group
Field Law is pleased to welcome John McGee as an Associate with the Business Law Group, effective November 16, 2015.John joins Field Law from an Edmonton-based firm where his practice included real estate and corporate/commercial law. He has extensive ...
November 9, 2015
Field Law Announces Addition of Gordon Van Vliet to the Business Group
Field Law is pleased to welcome Gord Van Vliet as a Partner in the Business Group, effective November 2, 2015.Gord’s primary practice area is real estate law and he joins Field Law from a multinational law firm. He was called to the Alberta bar in 2000...
November 2015
LegalAve - Alberta family law information
Marsha Guthrie, Manager, Implementation and Partnerships with the Alberta Legal Information Society and Julie Rainey of Alberta Law Libraries for sending the following my way:New free website for Albertans dealing with family law issues: LegalAveLegalA...
November 2, 2015
Field Law Welcomes Bill Hopkins as Chief Operating Officer
Field Law is pleased to announce that Bill Hopkins will be joining our administrative team as Chief Operating Officer, effective November 2, 2015.Bill joins Field Law with over 30 years of experience in law firm management and in other senior level fin...
November 2015
The IAP Completion Strategy
The Independent Assessment Process (IAP) for people with IRS abuse claims is coming to an end. The vast majority (approximately 87%) of people with abuse claims have now had those claims resolved through the IAP. Field Law now expects to have all its...
November 2015
Everyone is Watching - Social Media and Litigation
November 2015
Drafting Your First Will
November 2015
Terminology in Medical Malpractice Questioning
November 2015
Top Ten Developments in Intellectual Property Law
November 2015
Tendering Law Post Bhasin v. Hyrnew
October 2015
Police and Adjuster Statements – Admissible or Not?
Insurance Alert
The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance adjuste...
October 2015
Case Summary: Expired Appeals
Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned for sign...
October 2015
Case Summary: Standard of Review in Discipline Matter
Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee.A paramedic was disciplined by a Discipline Committee of the Saskatchew...
October 2015
Requirement on Regulator to Follow Policies
Tsimidis v. Certified General Accountants of Ontario, 2014 ONSC 4236, concluded that the Certified General Accountants of Ontario (“CGA Ontario”) acted unfairly when withdrawing an applicant from a program of professiona...
October 2015
Occupational Health & Safety
October 2015
Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500
Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a reminder t...
October 2015
Canadian Association of Law Libraries call for conference proposals
A couple of weeks ago I was fortunate to speak with members of the Toronto Association of Law Libraries about the synergies between knowledge management, law librarianship and process improvement.  I hope to speak on similar issues at the CALL Con...
October 7, 2015
Mike Casey Awarded the 2015 Johnson Award
Field Law would like to congratulate Mike Casey on his 2015 Johnson Award from Queen's University.Mike received this honour for his distinguished career in Law, his lifelong contributions to both the Queen’s and Calgary communities, including the Calga...
October 1, 2015
Field Law welcomes Alain Chiasson to Yellowknife Office
YELLOWKNIFE - Field Law is pleased to announce that Alain Chiasson has joined the Yellowknife team as a lawyer in Field Law’s Business Law Group. Alain’s arrival establishes Field Law as having the most lawyers serving the Northwest Territories.Followi...
October 2015
Starting, Buying or Selling a Business? Legal and Practical Pointers
October 2015
Is your Workplace Toxic?
October 2015
Alberta Law Enforcement Professionals Have Unique Challenges - It's Time for a Debrief
October 2015
Traps and Tools: School Administration and the Legalities of Bullying
October 2015
Nursing Documentation and the Use of EMR in ICU Care
October 2015
Perspectives on Disruptive Behaviour
October 2015
CGL Policies - Basic Information and Current Trends
October 2015
A Lay of the Land – Immigration and Changes to the International Workers Regime for 2015 and Beyond
September 2015
October 2015 Brings Key Upcoming Employer Obligations: Minimum Wage Increases and Federal Election Responsibilities
The month of October 2015 brings two key milestones that all Alberta employers should be aware of. First, on October 1, 2015, the minimum wage in Alberta will increase. Second, on October 19, 2015, the federal election will take pla...
September.October 2015
LESA Seminar on Estate Accounting
Seminars
September 2015
Forum Selection in Online Terms
IP Blog
September 15, 2015
Field Law Announces Expansion of Energy Services with New Leader, New Offerings
Clifford D. Johnson, QC, ICD.D, joins Field Law as Energy Group Leader as firm enhances energy service offerings
CALGARY (September 15, 2015) – Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to announce that Clifford D. Johnson, QC, ICD.D has joined the firm as the Energy Group Leader in its Calgary office. Johnson join...
September 2015
1,500 Hearings Completed!
Field Law celebrates completing 1500 IAP Hearings for residential school survivors, with a trip to Fort Edmonton Park on August 14, 2015.
September 2015
Social Media and the Law
September 2015
Conducting Business and Industry Research
The Canadian Association of Law Libraries is advertising some upcoming webinars that will be useful for anyone who has a market research need: Conducting Business and Industry Research - September 29, 2015, 1:00pm to 2:30pm EST  Summary:T...
September 2015
Environmental Sensitivity and the Duty to Accommodate
September 2015
The "New Labour Trilogy" from the Supreme Court of Canada
September 2015
Technology Escrow Agreements
September 2015
Temporary Foreign Worker Program - Best Practices When Using the Program as a Temporary Solution
August 2015
No Copyright or Trademark Protection for Metatags
IP Blog
September 2015
Determining Reasonable Notice: Is Character of Employment a Less Important Factor?
As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer. There a...
August 24, 2015
Field Law Recognized by Chambers Canada, Best Lawyers and Lexpert Rankings
Regional firm earns inclusion in Chambers Canada directory
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce their recent inclusion in the following national rankings: Chambers Canada, Best Lawyers in Canada© and The Canadian Legal Lexpert™ Directory.For...
July 31, 2015
Field Law Community Fund Program Awards $40,000 to Northern Alberta Winners
Regional law firm donates funds to local Northern Alberta community initiatives for third year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by donating $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
When is an Employee’s Disability a Factor in his Dismissal?
On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer terminat...
July 23, 2015
Field Law Community Fund Program Awards $20,000 to 2015 Winners
Regional law firm donates funds to local Northwest Territories community initiatives for third year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by granting $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
FIELD LAW IS STILL ACCEPTING CLAIMS
If you submitted an IAP claim on your own before the September 19, 2012 deadline, and are now looking for a lawyer to handle your IAP claim, please contact us today. We continue to accept new clients and are working hard to represent all claimants who ...
July 2015
Supreme Court of Canada to Determine if the Canada Labour Code Grants Non-Unionized Employees a "Right to the Job"
July 2015
One Number to Rule Them All: The New Common Business Number Act
On April 30, 2015, Bill 12: the Common Business Number Act (the “Act”) came into force in Alberta. The Act created the authority for Alberta to adopt the Canada Revenue Agency’s (“CRA”) Business Number ...
July 2015
Question Everything… Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175
On a frigid January night, Mr. Crawford was along for the ride when one of his companions - fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun - decided to steal a vehicle. Mr. Crawford was convi...
July 2015
Thou Shalt Not Deceive: The New Commandment for Canadian Business
In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be perform...
July 2015
Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"
In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-­changing decision when they unanimously found that without ­cause dismissals of nonunionized empl...
July 6, 2015
Field Law Community Fund Program Awards $40,000 to Southern Alberta Winners
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is proud to be celebrating its 100 year anniversary by granting $100,000 to initiatives throughout Alberta and the Northwest Territories via the annual Field Law Communit...
July 2015
Porter Airlines Pays $150,000 for Alleged Violations of Canada's AntiSpam Legislation (CASL)
On June 29, 2015, Porter Airlines became the third Canadian company to pay a significant financial penalty under CASL, since the legislation came into force in July 2014. Earlier speculation over whether CASL would have any teeth sh...
June 2015
Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings
Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits? That i...
June 2015
Mediation: Putting the Resolution of Claims Back in the Hands of the Parties
June 2015
Hard Hitting Damage Awards: The Reasons Behind the Climbing Numbers
June 2015
Dropping Dead: Rule 4.33
June 2015
Nursing Documentation
June 2015
Mediation: Putting the Resolution of Claims Back in the Hands of the Parties
May 27, 2015
Field Law Community Fund Program Seeks Community Input to Select Program Finalists
Regional law firm opens voting phase to public with $100,000 available for distribution in celebration of firm's 100th year anniversary
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, requests the community’s input in helping determine what community causes or ideas should be awarded funds through the Field Law Community Fund Program (the Program). The...
May 2015
Alberta Legislation Curtailing the Right to Strike is Struck Down
In the wake of the Supreme Court of Canada’s decision that established a constitutionally protected right to strike, the Alberta Court of Queen’s Bench has struck down legislation that prevents certain classes of Alberta work...
May 2015
Alberta Courts Enforce Fair Access to the Professions: Farhat v. College of Physicians and Surgeons of Alberta
Professional Regulatory Alert
In Farhat v. College of Physicians and Surgeons of Alberta, 2014 ABQB 731, the Court of Queen’s Bench highlighted the importance of careful documentation to justify registration decisions and procedural fairness in the registr...
May 2015
Diminished Value Hits a Wall
April 2015
"Full and final settlement of any and all claims" – not so, says the Alberta Human Rights Tribunal
The Alberta Human Rights Tribunal (“Tribunal”) released a decision this month that considered whether the terms of a Release Agreement constituted a valid and enforceable settlement of an employee’s allegations of human...
April 2015
Diminished Value:  Recent Court Decisions Reveal a Changing Landscape in Alberta on Determining How Much a Vehicle Involved in an Accident is Worth
April 2015
Texas Justice Provides an Evidence Solution
The Medium
Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in­-hand? This article discusses a pro...
April 2015
Competing After Employment (Part One)
The Medium
A key employee departs. The employer, worried that confidential information has leaked out of the company, scrambles to respond. After a frenzied period of preparation, the employer starts a lawsuit and seeks an injunction against t...
April 2015
Drilling Down: Oil Prices and Innovation
The Medium
Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). A...
April 2015
Social Networking in Litigation for Legal Education Society of Alberta
April 8, 2015
Field Law Launches Third Year of Community Fund Program with Additional Funding in Celebration of 100th Anniversary
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is excited to announce the launch of the 2015 Field Law Community Fund Program. The Program supports local pay-it-forward ideas and causes within the communities Field La...
April 2015
Commissioners of Oaths in Alberta Have New Rules
~ a slightly modified Slaw.ca post~Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and com...
April 2015
Changes to Court Fees in Alberta
Insurance Alert
The Budget delivered by the Alberta Government on March 26, 2015 announced an increase in court filing fees. The new fee schedule will be in effect commencing May 1, 2015. Some of the fee schedules coming from the Court of Queen’s Benc...
April 2015
Duties of Attorneys and Agents
April 2015
Duties of Attorneys and Agents
April 2015
Intellectual Property for Brand Professionals
April 2015
Navigating the Provincial Court (Civil)
March 2015
Celebrating Achievement
I have been a very quiet blogger lately with a reasonably good excuse.  Since the beginning of August, 2014, I have been working to achieve certification in Lean Six Sigma. As of last Sunday, the formal part of my education in this discipline is now co...
March 2015
One Thousand Completed Claims!
The Field Law IRS Team celebrates its’ 1000th closed file with a segway tour in Edmonton’s river valley.
March 2015
What Happens When a Franchise Agreement Ends - Part Two: Cancellation
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of a...
March 2015
Are Restrictive Covenants in Sale Agreements Enforceable?
The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45). In th...
March 2015
Minor Settlements - Beware of the Pitfalls
March 2015
"Employed" in Name Only - An Employer’s Duty to Provide Work
Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of  Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The P...
March 2015
Recent Developments in the Canadian Law of Contract
February - March 2015
Labour and Employment: 2014 Year in Review
February - March 2015
Labour and Employment: 2014 Year in Review
March 2015
Identity Theft, Cyber Bullies, Data Breach and more
February - March 2015
Labour and Employment: 2014 Year in Review
March 2015
Workforce Strategies During the Economic Downturn
February - March 2015
Labour and Employment: 2014 Year in Review
February - March 2015
Labour and Employment: 2014 Year in Review
February - March 2015
Labour and Employment: 2014 Year in Review
February - March 2015
Labour and Employment: 2014 Year in Review
February - March 2015
Labour and Employment: 2014 Year in Review
February 2015
Case Summary Katsoulakos v. Association of Professional Engineers of Ontario
Katsoulakos v. Association of Professional Engineers of Ontario, 2014 ONSC 5440, setting aside a decision of a Discipline Committee and ordering a new hearing. An engineer found guilty of professional misconduct appealed the finding...
February 2015
Case Summary Levesque v. Nova Scotia College of Optometrists
Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22, dismissing judicial review and upholding decision to refer complaint to Hearing Committee. An optometrist challenged his College’s decision to refer a complaint to...
February 2016
Case Summary Ho v. Alberta Association of Architects
Perspectives for the Professions
Ho v. Alberta Association of Architects, 2015 ABCA 68, dismissing an appeal from a decision upholding findings of discipline.An architect was found guilty of professional misconduct. His appeal to the Council for the Alberta Associa...
February 25, 2015
New Office Manager Joins Field Law’s Edmonton Team
Field Law is pleased to welcome its newest Office Manager, Laurie Watters, to the Edmonton office, effective February 17, 2015.A seasoned professional, Laurie comes to Field Law with more than 25 years of human resources experience, primarily in the oi...
February 2015
Good Character and Reputation - The Registrar Knows Best!
Lum v. Alberta Dental Association and College (Review Panel), 2015 ABQB 12 is the first case in Alberta to determine the legal standard of review that applies to registration reviews by a Council. The Court held that the reasonablen...
February 2015
Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of Rig...
February 2015
Case Summary: Rollins (Litigation Guardian Of) v. English Language Separate District School Board No. 39
January - February 2015
Labour and Employment: 2014 Year in Review
February 2015
Law of Tendering Case Law Update
January - February 2015
Labour and Employment: 2014 Year in Review
January 2015
Court of Appeal of Alberta Upholds Employers Anton Piller Order
Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an invest...
January 26, 2015
Yellowknife Welcomes New Field Law Office Manager
Field Law is excited to announce the addition of Kat Saunders, Office Manager, to the Yellowknife team, effective January 6, 2015.Kat brings a wide range of managerial experience from her work in both the public and non-profit sectors. Most recently, K...
January 19, 2015
Anthony Burden Joins Field Law as Insurance and General Litigation Associate
Field Law is pleased to welcome Anthony Burden as an associate in the Insurance and General Litigation Groups effective January 19, 2015.Anthony accumulated a broad range of legal experience throughout his apprenticeship at a mid-size Edmonton firm. Fo...
January 2015
Take Five - Alberta Edition, Counsel Comments
January 2015
New Associate in Our Calgary Office
Field Law is pleased to welcome Tiffany Franklin, as the newest member of our general litigation group.
January 1, 2015
Malkit Atwal Strengthens Wills, Trusts, and Estates Groups
Effective July 21, 2014, Field Law was pleased to announce the addition of lawyer Malkit Atwal to the Wills, Trusts and Estates; Estate Litigation and Dispute Resolution; and Transaction and Corporate groups.Primarily practicing in the areas of estate ...
September 2015
Social Networking in Litigation
January 2015
Evidence in the Digital Era
2015
Aboriginal Business Structures
Faculty of Law, University of Alberta
2015
Seminar on financing transactions entitled "Advanced Lender"
December 2014
Understanding Intent: The Enhanced Role Placed on the Surrounding Circumstances by the Supreme Court of Canada
December 2014
Utilizing Social Media in Civil Litigation: The Collection, Preservation, and Value of New Forms of Evidence
December 2014
Commercial Contracts Include an Implied Duty of Good Faith
Workwise
There has long been an implied duty that an employer must act in good faith when terminating employment contracts. Until now, such a duty was not necessarily implied in other commercial contracts. However, all companies should be aw...
December 2014
Getting Feedback
Between blogging at Slaw.ca, posting legal research tips at Slawtips.ca, and taking courses towards Lean Six Sigma certification, this poor blog has not had much attention in 2014.  Christmas is the traditional time for guilt trips. Rather than focusin...
December 2014
PIPA Update
As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) ...
December 2014
Diminished Value: Recent Court Decisions Reveal a Changing Landscape in Alberta on Determining How Much a Vehicle Involved in an Accident is Worth
December 2014
The Alberta Court of Appeal Expands the Requirements for Describing Privileged Records in an Affidavit of Records
December 2014
The Use of Internal Experts in Canadian Litigation
December 2014
Temporary Foreign Worker Program: How do the Latest Business Developments Impact your Business
December 2014
Cross-Examining Medical Experts
November 2014
Jian Ghomeshi Withdraws Lawsuit Against Former Employer, the CBC
November 2014
Using social media in Canadian litigation
November 2014
Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees
Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his claims d...
November 2014
Promissory Notes: Who are you Promising to Pay?
Promissory notes are often issued in the course of business arrangements and financial transactions to record indebtedness and financial obligations. People who use these instruments, however, should be aware of the specialized natu...
November 2014
Heartbleed Virus Causes Heartburn: Information Security Implications
News reports regarding the so-­called Heartbleed computer virus sparked concerns regarding cyber security and digitally­ stored personal information. The Canada Revenue Agency announced that the virus caused a security breac...
November 2014
B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853
Professional Regulatory Alert
The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s&n...
November 2014
Intellectual Asset Management Best Practices – Part 2
The Medium
In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-­how and intellectual capital within your organizatio...
November 2014
Canada's New Trademark Law and What it Means for Business
The Medium
Through sweeping legislation smuggled in by means of an omnibus budget bill, Canada’s trademark registration regime will be changed more dramatically than at any time in the last 50 years. The changes are giving trademark agen...
November 2014
Computer and Software Related Innovation - Is There A Rationale For Filing Software Patent Applications in Canada?
The Medium
Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and maintaining an edge i...
November 2014
Teacher and School Civil Liability For Sexual Abuse of a Student
November 2014
Social Networking in Litigation for Canadian Independent Adjusters Association
November 2014
Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked
Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights Tribunal (the “Tribunal...
November 2014
Terminating Fixed-Term Contracts on Your Terms
The Court of Appeal of Alberta recently upheld a finding of constructive dismissal of an employee, who although paid to the end of his one year fixed-term contract, was not allowed to work during the final month of the contract.In Thompson v Carde...
November 2014
Understanding Intent: The Enhanced Role Placed on the Surrounding Circumstances by the Supreme Court of Canada
November 2014
Cross-Border Evidentiary Considerations When Confronting Loss or Destruction of Evidence in Canada
November 2014
What Now & What Next? Making Sense of the Changes to Canada's Immigration System
November 2014
Labour, Employment and WCB
November 2014
Social Networking in Litigation
November 2014
Legal Education Society - Collections for Legal Support Staff
November 2014
Subcontractor Default Insurance vs. Performance Bonds, what is the impact on the Subcontractor?
November 2014
The Prime Contractor in OHS Law
October 23, 2014
Field Law Announces Addition of Tim Bailey to the Intellectual Property and Technology Group
Field Law is pleased to welcome new associate Tim Bailey to the Intellectual Property and Technology group, effective September 2, 2014.Tim brings more than five years of experience from prominent Canadian law firms and extensive knowledge in the areas...
October 2014
Case Comments: Interpretation of Standards of Practice and Standard of Review
Hunter v College of Physicians & Surgeons of Alberta, 2014 ABCA 262 (Alta CA), upholding the decision of the Council for the College and dismissing the appeal.A physician who married his former patient challenged his regulatory college’s...
October 2014
Case Comments: Finality and Relitigation
Re Mamdeen, 2014 CarswellBC 651 (B.C. College of Registered Psychiatric Nurses Discipline Committee)A psychiatric nurse was terminated by his employer for having a sexual relationship with a patient. His union grieved the matter. His regulatory co...
October 8, 2014
Sandra Corbett QC Presenting at CDL CICMA Joint Programme
Partner Sandra Corbett QC, will be presenting on ‘Diminished Value” at the Canadian Defence Lawyers CICMA Joint Programme. The event will be held in Calgary, AB on October 16, 2014 from 2:00 - 5:00PM. To learn more about the event and sign up online, v...
October 2014
Common Experience Payment - Personal Education Credit Deadline - October 31, 2014
If you have received the Common Experience Payment (CEP) for living at an Indian Residential School, you are eligible to receive a one-time personal credit towards educational services, in the amount of up to $3,000.00. The credit is provided by the G...
October 2014
Duty to Accommodate Obligations in relation to Medical Education
October 2014
Alberta Law Enforcement Professionals Have Unique Challenges - It's Time for a Debrief
October 2014
Family Status and Employment - Developing Human Rights at the Workplace
October 2014
Infonex Professional Regulation and Discipline Conference
October 2014
Professional Discipline and Reasons Workshop
October 2014
Managing Technology and Social Media Use at the Workplace – Upstream and Downstream Solutions
October 2014
Northern Issues Panel Speaker
October 2014
Wills Week 2014
October 2014
Understanding Pervasive IP/IT Issues
October 2014
Accelerated Depreciation/Diminished Value
October 2014
Catastrophic Injuries
October 2014
Legal Perspectives on Safety Culture
October 2014
Legal Developments in Public Construction Procurement
September 5, 2014
Field Law Welcomes Associate Jenna Kirk to its Business Immigration Practice Area and Labour & Employment Group
Field Law is pleased to announce the addition of Jenna Kirk as an Associate in the Business Immigration practice area and Labour & Employment Group, effective September 2, 2014.Jenna joins a growing Business Immigration practice and will also work on L...
September 4, 2014
Field Law Receives Fourth Place Ranking in Canadian Lawyer Top Western & Northern Firms Survey
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce they have received a fourth place ranking in the annual Canadian Lawyer Top Western and Northern Firms Survey. This ranking reflects a significant ...
September 2014
Litigating Post-Traumatic Stress Disorder Claims
August 2014
Clarifying the Legal Test for "Family Status" Discrimination: Federal Court of Appeal Rules Employers Discriminated by Failing to Accommodate Employees’ Childcare Needs
Two recent decisions from the Federal Court of Appeal are the latest word in the ongoing debate over workplace discrimination on the basis of “family status”. These decisions are important to employers, as they signal a continued movem...
August 2014
Manitoba Decision Protects IAP Claimants
On June 4 , 2014, a new Decision was released  by Justice Schulman of the Manitoba Court of Appeal, which protects IAP claimants from having to pay most fees charged by IAP Application form fillers. The decision rules on fee agreements made by IA...
August 2014
Utilizing Social Media in Civil Litigation: The Collection, Preservation, and Value of New Forms of Evidence
August 2014
Wal-Mart Could Not Thaw the "Statutory Freeze" by Closing its Store
Where a retail store is performing very well, with objectives being met to such an extent that bonuses are being promised to employees, would a reasonable employer close that store? The Supreme Court of Canada determined in the U.F.C.W., Local 503...
August 2014
Using Social Media in Civil Litigation
July 14, 2014
Karen Tereposky Joins Field Law’s Labour and Employment Group
Field Law is pleased to welcome Karen Tereposky as an Associate in the Calgary Labour and Employment Group, effective July 2014.Karen’s experience began with a clerkship at the Court of Appeal for Saskatchewan and continued with associate positions at ...
July 2014
Provincial Court Expected to Increase Financial Limits
July 2014
New "small" for small claims
The Alberta Provincial Court Civil Division monetary limit has been raised to $50,000 with this regulation amendment. Effective August 1, 2014 a small claim is not so small.
July 2014
Double-Decker Damages: Employer Liability for Aggravated Damages Arising from Workplace Harassment
When it comes to terminating an employment relationship, the amount of pay in lieu of notice is something an employer can exercise a degree of control over through a written employment contract. What is often forgotten is the potential for enormou...
July 3, 2014
Field Law Announces Award Winners of 2014 Community Fund Program
Regional law firm donates $30,000 to local Southern Alberta community initiatives for second year
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce three winners of the 2014 Field Law Community Fund Program. The Program, which was created to support local community initiatives, had 84 applicant...
June 23, 2014
Field Law Celebrates Prestigious Award To Sandra Corbett QC
Sandra Corbett QC Receives 2014 Lee Samis Award of Excellence
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce that Sandra Corbett QC, a Partner at Field Law in Edmonton, Alberta, is the thirteenth recipient of the prestigious Lee Samis Award of Excellence a...
June 23, 2014
Field Law Continues to Expand Business Law Group
Business Lawyer, Katherine Rubin, Makes Move to a Western and Northern Regional Law Firm
Field Law, a regional law firm with offices in Calgary, Edmonton and Yellowknife, is pleased to announce the addition of Katherine Rubin as an associate in the Business Law Group, effective June 23, 2014.Prior to joining Field Law, Katherine practiced ...
June 2014
Survey: Alberta Law Libraries
Attention: Law librarians