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services
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industries
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(She/Her)
Paralegal + Team Lead, Real Estate Services
VCARD
Calgary
(She/Her)
Paralegal, Foreclosures + Debt Recovery
VCARD
Edmonton
Manager, Litigation Services - Edmonton
VCARD
Edmonton
Director, Business Development + Marketing
VCARD
Calgary
Stephanie Barnes
Paralegal, Litigation Services
VCARD
Edmonton
Paralegal, Foreclosures + Debt Recovery
VCARD
Edmonton
(She/Her)
Paralegal, Real Estate Services
VCARD
Edmonton
Jodi Coakwell
Director of Finance
VCARD
Calgary
Executive Committee Member
Edmonton
(She/Her)
Director, HR + Administration
VCARD
Edmonton
(She/Her)
Paralegal, Real Estate Services
VCARD
Edmonton
(She/Her)
Director of Professional Recruitment and Development
VCARD
Paralegal + Team Lead, Real Estate Services
VCARD
Edmonton
Margaret Fronc
Paralegal, Real Estate Services
VCARD
Calgary
(She/Her)
Paralegal, Litigation Services
VCARD
Calgary
,
KC
(She/Her)
Partner
VCARD
Practice Group Leader
Edmonton
Shannan Hill
Paralegal, Health Law
VCARD
Calgary
,
KC
(He/Him)
Partner
VCARD
Practice Group Leader
Edmonton
(She/Her)
Paralegal + Team Lead, Debt Recovery
VCARD
Calgary
Paralegal + Team Lead, Corporate Services
VCARD
Edmonton
(She/Her)
Partner
VCARD
Practice Group Leader, Trademark Agent
Calgary
(She/Her)
Paralegal, Litigation Services
VCARD
Calgary
Carrie Mooney
Paralegal, Corporate Services
VCARD
Yellowknife
Joy Mutuku
Paralegal, Litigation Services
VCARD
Calgary
Partner / Privacy and Data Protection Officer
VCARD
Calgary
,
KC
(She/Her)
Partner
VCARD
Practice Group Leader
Edmonton
Paralegal + Team Lead, Foreclosure + Debt Recovery
VCARD
Edmonton
,
TEP
(She/Her)
Partner
VCARD
Executive Committee Member
Calgary
(She/Her)
Paralegal, Corporate Services
VCARD
Calgary
news + views + events
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May 10, 2024
People, Pets + Parking: Sustainable Practices in Condo Management
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking.Have a legal question? Want to learn what other issues are plaguing...
April 2024 - 3 min read
The New Streamlined Trial Process
Starting January 1, 2024, a streamlined trial process for civil and family matters was implemented. Identified issues with the previous summary trial process included the absence of a fixed deadline for objections on the mode of trial leading to last m...
April 2024
Justice in the Classroom: A Key Decision on Student Disciplinary Rights
A recent decision from the Alberta Court of Appeal emphasizes the critical importance of procedural fairness in internal disciplinary actions within post-secondary institutions. The ruling centred on a student's right to acces...
March 2024 - 2 min read
Employers Do Not Have the Right to Terminate an Employee “At Any Time”
Workwise Newsletter
The Ontario Supreme Court recently ruled that employers do not have the right to terminate employees "at any time". The Court held that the termination clause was unenforceable because it could violate statutory protected lea...
March 2024 - 7 min read
The Owner Strikes Back: Subcontractor Unjust Enrichment Claims
Constructive Thoughts Newsletter
When striking pleadings, the moving party must show that it is "plain, obvious, and beyond doubt" that the plaintiff's claim could not succeed – it must have no reasonable prospect of success. This is typically a hi...
March 2024 - 3 min read
Balancing Innovation + Integrity: Navigating AI's Impact on the Legal Profession
A Cautionary Tale In a recent and notable incident in British Columbia, the legal profession was given a stark reminder of the pitfalls associated with the use of Artificial Intelligence (AI) in legal practice. A Vancouver lawyer faced repercussions...
March 2024 - 4 min read
What Kind of Signature is Required?
CPHR Alberta Newsletter
In today's digital age, HR professionals face critical decisions regarding the use of electronic versus traditional wet ink signatures for employee documents. This choice hinges on legal compliance, security, and the specific requi...
March 15, 2024
People, Pets + Parking: Balancing Reserve Funds + Repair Responsibilities
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Condominium Boards and Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguin...
March 14, 2024
Strategic Planning + Cybersecurity for Construction Companies
Workshop
In an era where digital transformation is accelerating across all sectors, the construction industry faces unique challenges alongside its innovative strides.This complimentary workshop, co-hosted by KWB Accountants & Advisors and Field Law, offers...
March 2024 - 7 min read
Ontario Court Addresses Important, Recurring Issues in Complex Liability Coverage Disputes
The Court of Appeal (i) affirmed time-on-risk as the correct method for allocating the costs of defence between insurers when claims span many years, (ii) affirmed that insurers are not obligated to reimburse their insureds for the cos...
March 2024 - 2 min read
Tax Compliance for Bare Trusts in Alberta Real Estate
For taxation years beginning in 2023, bare trusts are required to file a T3 Trust Income Tax and Information Return. The return requires detailed information about the trustee and the beneficiaries. Failure to comply with this filing r...
March 6, 2024
Beyond Borders: An Update on Cross-Border Trust Issues
Webinar
Join Rob Worthington and Saul Abrams for Beyond Borders, a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From under...
March 2024 - 4 min read
Interviewing Witnesses as an Adjustor: Don’t Invite Everyone!
This case highlights the importance of exercising care when inviting parties to an witness interview. Broad invites can lead to unintended waiver of litigation privilege over interview transcripts. In relation to a building fire for wh...
March 5, 2023
Field Law Lawyers ranked in the 2024 Canadian Legal Lexpert® Directory
Field Law congratulates 15 lawyers recognized as Leading Practitioners in the 2024 Canadian Legal Lexpert® Directory.  The following lawyers have been recognized:  Malkit Atwal - Estate + Personal Tax (Estate + Tax Planning)...
February 28, 2024
Let's Talk About the Charter
Roundtable
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our first roundtable of the year.This session will focus on the intersection of the Canadian Charter of Rights and Freedoms and professional ...
February 2024
2023 - A Year in Review: Labour + Employment (Part 2)
Seminars + Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series covered Employment, Privacy and Human Rights. To view Part 1, ...
February 2024 - 5 min read
Unionized Employee: Grievance or Human Rights Complaint?
Workwise Newsletter
The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. However, the Comm...
February 2024 - 3 min read
The Fine Line in Construction Lien Errors
Constructive Thoughts Newsletter
When registering a lien, ensuring the information included is accurate is crucial to lien validity. Getting the date work was completed, or the legal land location, wrong, is often fatal. But where does the court draw the line between ...
February 20, 2024
Beyond TENS + Hot Packs: Physiotherapy's Role in Insurance Files
Lunch + Learn
In the dynamic field of physiotherapy, understanding the nuances of AB-2 and AB-4 reports is crucial for effective treatment and legal documentation. This lunch and learn will review the essentials of interpreting these reports and provide insights int...
January 31, 2024
Important Professional Regulatory Cases of 2023
Webinar
Learn about the most important professional regulatory court cases of 2023. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by Katrina Haymond, KC, Gregory Sim and James Casey, this ...
January 2024 - 4 min read
Construction Liens: Resolving Costs in Default Actions
Constructive Thoughts Newsletter
In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses for t...
January 2024
Field Law Welcomes New Partners
Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant mi...
December 2023 - 5 min read
How Much is Too Much: Extraordinary Remedies for Excessive Liens
Constructive Thoughts Newsletter
Determining the proper amount of a builders’ lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter befo...
February 2024
2023 - A Year in Review: Labour + Employment (Part 1)
Seminars + Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series covered Labour and Occupational Health + Safety. To view Part 2, which c...
December 14, 2023
Beyond Borders: Year-End Checklist for Cross-Border Affairs
Webinar
Join Saul Abrams and Stephen Doyle for a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From understanding how to operate...
December 12, 2023
Bow Valley Business Series: Privacy + Cybersecurity 101
Lunch + Learn
As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...
December 2023 - 3 min read
Understanding Canada's Bill S-211: Combating Forced and Child Labour in Supply Chains
Bill S-211 mandates businesses in Canada, specifically those meeting certain criteria such as significant assets, revenue, or employee count, to annually report their efforts to prevent forced and child labour in their supply chains. T...
December 8, 2023
Navigating Mental Health Challenges in Multi-Housing Communities
Webinar
Given the increasing mental health challenges facing our communities, it is essential for property managers and condominium boards and to be equipped with the right knowledge and strategies to handle these sensitive situations.Join Field Law's Erin...
December 6, 2023
Addressing Sexual Misconduct Allegations in Professional Regulation
Roundtable
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our winter roundtable.  At this roundtable, we will discuss challenges and strategies to navigate sexual misconduct allegations. Topics covered...
November 2023 - 12 min read
Navigating OHS Compliance Post-Sudbury
Workwise Newsletter
After a wait of about a year, Canada’s highest court has finally issued its ruling in a case that had OHS afficionados—and what reader of Field Law’s OHS communiques is not?— on the edge of their seats.  In what promised to...
December 2023 - 3 min read
‘Tis the Season to be Jolly… But be Careful!
Workwise Newsletter
With the holiday season upon us, employers are advised to establish clear workplace policies on alcohol and drug consumption, plan events with safety considerations like drink tickets and alternative transport, and closely monitor even...
December 2023 - 4 min read
Production of a Plaintiff’s Medical Reports from a Prior Accident
In a personal injury matter, a dispute arose over the production of a plaintiff’s independent medical examination records and reports from a prior action. The Alberta Court of King’s Bench determined that such records are a...
November 28, 2023
Field Law Community Fund Program Awards $75,000 to Pay it Forward Ideas in Alberta and Northwest Territories
Field Law received a record number of applications and more than 40,000 votes for Community Fund Program initiatives Field Law is pleased to announce the recipients of the 2023 Field Law Community Fund Program, distributing $75,000 to important init...
November 24, 2023
Calculation + Response to Whole Person Impairment
Webinar
Whole Person Impairment ("WPI") Ratings have taken on greater implications in a world where claimants seek to ensure that they can prove that their injury is not a “minor injury”. WPI can be assessed by a variety of specialists, w...
November 2023 - 2 min read
Recent Commentary on the Health Professions Act
Perspectives for the Professions
Recently, the Public Health Emergencies Governance Review Panel report was released. The report focuses on how the provincial government responded to COVID-19, reflects on current legislation and makes recommendations, with the goal of enhancing future...
November 2023 - 6 min read
What Can Right Touch Regulation Mean to You?
Perspectives for the Professions
Right touch regulation is a strategy for regulatory organizations seeking to adapt and evolve in a rapidly changing landscape. This approach should be applied after first considering the balance of personal freedoms with public safet...
November 2023
Construction Lien Dilemma: Landlord Liability in Tenant-Driven Renovations
Constructive Thoughts Newsletter
A contractor may register a construction lien on a property to obtain payment for their unpaid services or materials. While registering liens is generally straightforward, complexities arise when the property's fee simple registere...
November 17, 2023
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
November 16, 2023
Bow Valley Business Series: Intellectual Property 101
Lunch + Learn
As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...
November 16, 2023
Beyond Borders: When Business Takes You Across the Border
Webinar
Join Saul Abrams and Stephen Doyle for a complimentary webinar series designed to provide you with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. From understanding how to operate...
November 2023 - 6 min read
Third-Party Beneficiary of a Contract Bound by Mandatory Arbitration Clause
Constructive Thoughts Newsletter
The Court had to determine whether an owner, as third-party beneficiary of a subcontract, could litigate contractual warranty claims against a subcontractor, when the subcontract required “all disputes” under the subcontrac...
October 26, 2023
Bow Valley Business Series: Employment 101
Lunch + Learn
As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...
October 26, 2023
Unpacking Concussion Injuries with Dr. Martin Mrazik
Webinar
In the ever-evolving landscape of insurance law, staying up to date on developments in the areas of concussions, mild traumatic brain injuries, and post-concussive syndrome is vital. Understanding recent cases and their outcomes is crucial for making i...
October 25, 2023 - 1 min read
Field Law Partner Ayla Akgungor Appointed to Alberta Court of King’s Bench
Edmonton – October 25, 2023 – Field Law congratulates firm partner Ayla Akgungor on her appointment as a Justice of the Court of King’s Bench in Edmonton. Federal Minister of Justice and Attorney General the Honourable Arif Virani ann...
October 2023 - 2 min read
Canada's Underused Housing Tax: Implications for Foreign + Canadian Property Owners
Underused Housing Tax (“UHT”) is an annual federal tax payable by registered owners of vacant or underused housing in Canada, that took effect on January 1, 2022.  The purpose of the UHT is to tax non-Canadians who own residential prop...
October 2023 - 4 min read
Lien on Me: Consequences of Excessive Liens
Constructive Thoughts Newsletter
Courts have the discretion to determine the security amount required to vacate a lien, which can be less than the claimed lien amount. In a recent BC case, a lien was allowed to be vacated by posting security for half of the disputed a...
October 2023
IP Explained: 5 Common Copyright Myths
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
October 2023 - 7 min read
Liability in Construction Contracts: Negligence + The Corporate Veil
A majority shareholder faced potential personal liability due to negligence during project oversight; however, the Alberta Court of Appeal clarified that such liability isn't easily established, emphasizing that the corporate veil ...
October 5, 2023
Make Your Voice Heard: Field Law Community Fund Program Now Open for Voting
Members of the public can vote for funding for their favourite local community projects by visiting fieldlawcommunityfund.com. Starting today, voting is open for residents of Alberta and the Northwest Territories (NWT) to support their fav...
October 2023
Top 10 Influential Northern Canada and Arctic Business Law Lawyers 2023
Business Today
October 2023 - 6 min read
Corporate Names: The Importance of Knowing Who You’re Dealing With
For small business owners, you take a serious risk if you fail to include the full corporate name on all contracts, invoices, negotiable instruments and orders for goods or services. Using a trade name by itself is not sufficient. ...
October 2023 - 2 min read
Navigating the Intersection of Canadian and EU Privacy Laws
Cyber security and complying with the General Data Protection Regulation (GDPR) are essential for businesses in this digital age. Having a strong cyber security policy goes hand in hand with the management of personal information and u...
September 2023 - 4 min read
New Tax Law Amendments That May Affect Employers
Workwise Newsletter
Recent changes to the Income Tax Act may affect how employers approach settlement. Under these new amendments, any transaction that meets the updated definition of an “avoidance transaction” must be reported and filed with ...
September 2023
Legal Notes: Correct names on Both Contracts and Liens can Save Headaches
Daily Commercial News
September 2023
Field Law Community Fund Program Helping You Make a Difference in the Bow Valley
Rocky Mountain Outlook
September 2023
Field Law Community Fund Program Opens to Applicants
Canadian Lawyer
September 2023 - 6 min read
Addressing the Legal Issues Arising from the Use of AI in Canada
In September 2023, the Canadian government released new guidelines highlighting the increasing impact of Artificial Intelligence (AI) on businesses. Intellectual property, liability, data privacy, bias, transparency, ethics, and govern...
September 15, 2023
People, Pets + Parking: Board Member Duties + Dealing with Dysfunction
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for condominium managers, board members and unit owners based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what othe...
September 14, 2023
Right-Touch Regulation: What Does It Mean + How Can Professional Regulatory Organizations Apply It?
Roundtable
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our fall roundtable.  The concept of “right-touch regulation” was developed in 2010, and remains relevant today in establishing the...
September 2023
Legal Notes: Indemnity Awards are Based on Proportionality and Court Conduct
Daily Commercial News by ConstructConnect
September 2023 - 5 min read
Get Me Out: Interpleader Orders + Ongoing Contractor Litigation
Constructive Thoughts Newsletter
The Court found that where the amount owed to the general contractor exceeded the principal debts owed to subcontractors, it was appropriate to pay the full amount owed to the general contractor into court to fully secure subcontractor...
September 2023
North Edmonton Condo Evacuation Will Last Months
CTV News Edmonton
Renters and owners with units in an evacuated condo in Castledowns will likely be out of their homes for months. During that time, they're still on the hook for mortgages and condo fees. Erin Berney weighs in on condo ...
September 5, 2023
Field Law invites applications for its Community Fund Program, $75,000 in funding available
Field Law is now accepting applications for its 11th annual Field Law Community Fund Program. Charitable organizations, community associations and individuals located in Alberta and the Northwest Territories (NWT) are encouraged to apply. Applications ...
August 2023 - 4 min read
Human Rights Claims After Termination of Employment: A Valid Release Puts the Past in the Past
Workwise Newsletter
Signing a release – or requiring an employee to sign one – should never be taken lightly. Nearly 25 years ago, the Alberta courts clarified that while an employee cannot contract out of their human rights protections, an em...
August 2023
The Best Lawyers™ in Canada 2024
43 Lawyers Recognized
Field Law is pleased to announce that 44 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2023 - 11 min read
Navigating Freedom of Speech + Professional Regulation: The Jordan Peterson Case
The Jordan Peterson case serves as a significant reminder for professional regulatory organizations to delicately balance the constitutional right to freedom of speech with the imperative to uphold professional standards. This case emp...
August 17, 2023
Yellowknife Evacuation Notice
Our thoughts are with everyone affected by the ongoing wildfires in the Northwest Territories.Due to the escalating situation, the authorities have issued an evacuation order for Yellowknife, and as a result, our physical office will be temporarily clo...
August 2023 - 4 min read
Substantial Indemnity Costs in the Context of Liens
Constructive Thoughts Newsletter
Parties to construction contracts should be attentive to the potential for substantial indemnity costs in lien proceedings, recognizing the significance of recoverable litigation costs. The courts have the authority to award costs on...
August 2023 - 5 min read
Trying to Dissolve the Corporate Veil? Not Likely.
Condominium Corporation No. 0828219 v Carrington Holdings Ltd. is a recent decision reinforcing the long-standing principle that parent corporations and subsidiaries are separate legal entities and damage caused by a subsidiary ...
August 2023
IP Explained: Timing Considerations for Filing a Patent Application
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
August 2023 - 9 mins
Russian Association Claims Exclusion from Edmonton Heritage Festival is a Human Rights Violation
Edmonton AM with Mark Connolly, Tara McCarthy
The Edmonton Heritage Festival has made the decision to bar the Russian pavilion from the annual event due to "safety concerns." Now, the Russian association says the exclusion is a human rights violation. Jason Kully joined Edmonto...
July 2023 - 5 min read
Employer Liability When Using Staffing Agencies to Hire Foreign Workers
Workwise Newsletter
Many employers rely on staffing agencies to assist with hiring employees. Despite this, employers remain liable and may be subject to sanctions if foreign workers are on site without proper authorization. As an employer, you must confi...
July 2023 - 6 min read
Lien Bonds Are as Good as Cash
Constructive Thoughts Newsletter
The Manitoba Court of Appeal reversed a chambers Justice's decision which held that a lien bond was not as good as cash for vacating liens on a Crown project. In doing so, the Court of Appeal noted that in situations where neither ...
July 2023
Amendments to the Competition Act and What Can Happen if You Don’t Comply
Law Camera Action: Field Law Talks Law
What are the new amendments to the Competition Act, and what can happen if you don't comply?Amendments to the Competition Act prohibit companies from entering into no-poach agreements and wage-fixing agreements with respect to employees. Lee C...
July 2023
IP Explained: Is My Invention Patentable?
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
July 2023 - 4 min read
Who is Responsible for Defective Design?
Constructive Thoughts Newsletter
The Court in Seagate Construction v Halifax Regional Municipality held that when a contractor is hired to carry out a design created by others, it is not responsible for faulty aspects of the intended design if its workmanship is sound...
July 2023 - 6 min read
Extending the Limitation Period: When Does an Action Warrant Proceeding?
July 2023 - 4 min read
Determining Validity of Contractor Claim of Lien
Constructive Thoughts Newsletter
Understanding engagement relationships and responsibilities regarding subcontractors is crucial for construction company owners. A recent decision ruled that a lien was valid, even though the property owners were unaware of the subco...
July 2023
Legal Column - Side Gigs
Edmonton AM with Mark Connolly, Tara McCarthy
An education assistant in BC with a racy OnlyFans account has been fired for what her employer calls 'egregious' conduct. Jason Kully joined Edmonton AM with Mark Connelly, Tara McCarthy to explain just how much control an employ...
July 2023 - 3 min read
Screening Stage Showdown: Increased Odds of Complaints Going to Hearing
Workwise Newsletter
This ruling implies that human rights complaints are more likely to proceed to a hearing when credibility is a significant factor. It is crucial for employers to be prepared for such situations and ensure they gather sufficient evidenc...
June 20, 2023
Legal Fundamentals for Manufactured Home Communities
Workshop
Understanding the legal aspects of manufactured and modular home management is crucial for anyone involved in the day-to-day operation of these communities.  Join Field Law’s Paul Kolida and Trina Jackson for an in-d...
June 2023 - 4 min read
Mistakes on Builders' Liens: Can They Be Cured?
Constructive Thoughts Newsletter
Two recent cases in Alberta and British Columbia examined the validity of construction liens with mistakes. In Alberta, a court ruled that liens with substantial compliance and no prejudice can be valid, even with certain mistakes. I...
June 2023 - 5 min read
How Should a Court Settle the Terms of a Release in Contentious Settlements?
Constructive Thoughts Newsletter
Haider v Rizvi highlights the Court's role in resolving disagreements when parties fail to agree on the terms of a release following a settlement. In this case, the Court determined the contents of a full and final mutual release...
June 13, 2023
Coffee + Counsel: Common Pitfalls to Avoid with Employment Contracts
Q+A Session
Join us for Coffee + Counsel, a complimentary webinar series where you can connect with our lawyers for an unscripted discussion about legal issues relevant to organizations operating in Alberta and the Northwest Territories. We'll be sharing our l...
June 2023
IP Explained: Who Owns a Company's Intellectual Property?
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
June 2023 - 3 min read
The Cost of Keeping Separate Suites
June 2023 - 8 min
The Right to Work from Home
Edmonton AM with Mark Connolly, Tara McCarthy
After allowing employees to work from home for most of the pandemic - more and more employers are mandating a return to the office, at least for part of the week. That has some employees asking: is there a right to work from home? Jason Kully ...
June 1 , 2023 - 6 min read
Non-Solicitation Covenant in Employment Contract Enforced
Workwise Newsletter
Non-solicitation covenants are clauses that prohibit employees from soliciting clients or employees from their former employer after leaving the company. The courts have generally upheld these covenants when they are reasonable in scop...
May 2023 - 2 min read
The Hidden Costs of De-Condominiumizing
May 2023 - 3 min read
Your Divorce Is Finally Complete, but What About Your Will?
Any time you experience a significant life change or substantial change in your assets, you should review your Will, Personal Directive, and Enduring Power of Attorney to ensure that they accurately reflect your current wishes. This ...
May 2023
IP Explained: The Basics
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
May 24, 2023 - 4 min read
Surety Liability Under a Performance Bond
The Court faced a situation where it had to determine whether a surety had any liability under a performance bond. The Court found that even where it could not conclusively determine whether certain damages were due to the principal...
May 2023
Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs?
Law Camera Action: Field Law Talks Law
Is Alberta’s Rural Renewal Immigration Stream the right option for your workforce needs? Alberta’s Rural Renewal Immigration Stream is a lesser-known and used avenue for quickly bringing eligible workers to smaller communities in Alber...
May 12, 2023
People, Pets + Parking: Understanding Condo Bylaws vs. Condo Rules
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
May 4, 2023
Current Issues in Registration
Roundtable
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.  At this roundtable, we will discuss strategies to manage the registration processes, mitigate risks, and maintain ...
April 25, 2023
Mid-Year Checkup: Trends + Challenges for Insurers
Seminar
The insurance industry is facing a rapidly evolving climate with new challenges emerging every day. Insurers must navigate a complex legal landscape with constantly changing regulations and case law. These challenges require a proactive approach and an...
April 2023 - 2 min read
Overtime Pays Off: Court Expands Employees' Ability to Seek Unpaid Overtime
Workwise Newsletter
The Court recently determined that employees can claim more than six months of overtime pay in wrongful dismissal actions. Employers should ensure they have enforceable overtime agreements to avoid potentially significant awards for ...
April 2023 - 6 min read
Employer’s Claim of After-Acquired Cause Denied
Canadian HR Reporter
Can a without-cause dismissal be recharacterized later as for cause - even if the material circumstances were known to the employer before the dismissal?Francesca Ghossein weighs in on a recent case that confirms employers can’t change their mind...
April 2023 - 7 min
Know the Limits of Private Information
Edmonton AM with Mark Connolly, Tara McCarthy
A tight rental market in Alberta has led to some landlords asking for a lot of personal information from prospective tenants. CBC heard from some tenants who said landlords they dealt with were asking for their social insurance numbers, copies of drive...
April 2023 - 3 min read
Get Me Out of This Mess! Partial Settlement in Multi-Party Litigation
The cost and delay in litigation has, in many cases, become undefendable. The involvement of multiple parties, each with their own counsel and interests, can further delay and increase litigation costs for all parties. Partial settlement may simplify l...
April 2023 - 3 min read
Immovable Security: Lien Eligibility for Mobile Structures
The Ontario Superior Court of Justice confirmed that portable classrooms are characterized as "improvements" and are therefore eligible for a lien under the Ontario Construction Act. The same conclusion would like...
April 2023 - 5 min read
Interim Orders: A Difficult Decision
Perspectives for the Professions
Legislation for many regulatory processes provides that interim orders, including an interim suspension, may be imposed before the conclusion of the investigation and adjudicative process. An interim order may be essential to protect the public while t...
April 2023 - 4 min read
Labour Mobility Proclaimed
Perspectives for the Professions
Field Law covered Alberta’s new Labour Mobility Act when it was first introduced in the legislature in October 2021. The Labour Mobility Act and the new Labour Mobility Regulation were proclaimed into force...
April 11, 2023
Costs Orders in Professional Regulation: Navigating the Latest Developments
Webinar
On March 30, 2023, the Supreme Court of Canada denied application for leave to appeal of two decisions of the Alberta Court of Appeal where the Court addressed a regulator’s authority to order costs: Tan v. Alberta Veterinary Medical Associa...
April 2023 - 3 min read
Suspension + Publication Order Constitute Irreparable Reputational Harm
Perspectives for the Professions
In Tan v Alberta Veterinary Medical Association, the Court of Appeal agreed to stay some of the sanctions imposed by a Hearing Tribunal against a veterinarian until after the appeal on the merits was heard by the Court of Appeal. The Court fo...
March 2023
The Law of Regulatory Investigations in Canada
Field Law’s Professional Regulatory Group is pleased to announce the publication of a new book, “The Law of Regulatory Investigations in Canada” by James Casey, KC, Jason Kully, and Michelle Casey. Most administrat...
March 2023
Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023
Law Camera Action: Field Law Talks Law
What changes to Alberta’s Occupational Health and Safety Code should you be aware of?Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their or...
March 2023 - 3 min read
Employer Cannot Change Termination from Without Cause to With Cause
Workwise Newsletter
The Court found that an employer could not recharacterize a without cause dismissal of one of its employees as termination for cause when the material circumstances were known to the employer before the dismissal.  ...
March 2023 - 4 min read
Changes to Alberta’s Occupational Health and Safety Code
Workwise Newsletter
Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their organization and assess whether practices need to be changed or implemented ...
March 17, 2023
People, Pets + Parking: Aging Condominiums - Repair or Terminate?
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
March 2023 - 4 min read
Priority Between Builders' Liens + Trustee Fees in a Bankrupt Estate
Usually, secured claims against a bankrupt estate (such as builders' liens) are paid out before any other claims, including a bankruptcy trustee's fees. But fairness is the most important consideration when administering a ba...
March 15, 2023
How Much Personal Information is Your Employer Entitled to?
Edmonton AM with Mark Connolly, Tara McCarthy
Personal information belonging to current and former Indigo Books employees was recently compromised in a massive hacking incident. To learn more about what information employers should and should not be collecting, Edmonton AM was joined by Jason...
March 2023 - 3 min read
Strict Disclosure Requirements for Purchasing Condominiums
The Court found that a condominium developer's failure to provide a separate "occupancy date statement" was grounds for the purchaser to rescind her purchase agreement and have her deposits returned to her.  ...
March 2023
Costs + Damages Entitlement for Wrongfully Registered Liens
If a person wrongfully registers a lien, the property owner is entitled to costs and damages incurred resulting from the wrongfully registered lien. The specific award will depend on the circumstances of the case, but may include rea...
February 28, 2023
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Seminar
Join Field Law’s Wills, Estates + Trusts Group for a complimentary lunch seminar designed to assist charities and non-profit organizations and their staff with an understanding of estate administration laws and procedures so as to better ass...
February 28 - 3 min read
Doth ‘Proclaim’ Too Much: Collective Agreement Gives the Word Special Meaning
Workwise Newsletter
A statement from the Prime Minister was not enough to "proclaim" the National Day of Mourning for Queen Elizabeth II's passing a holiday under a collective agreement in Ontario. The word "proclaim" used i...
February 2023
The Importance of Clear Language in Employment Contracts
Law Camera Action: Field Law Talks Law
What should you look out for as an employer when creating employment contracts?As an employer, you are responsible for creating employment contracts, so what happens when a dispute arises from the interpretation of an employment agreement? Austin Ward ...
February 2023 - 3 min read
Unfinished Business: The Importance of a Flawless Bid in the Tender Process
If a submitted tender does not strictly comply with all the mandatory requirements of the tender package, the owner can and should reject that tender. This ensures that all bidders are treated fairly – the overarching...
February 2023
2022 - A Year in Review: Labour + Employment (Part 2)
Seminar + Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Employment and Human Rights. To view the recording for Part 1, whic...
February 2023 - 5 min read
The Consequences of Fraud + Wilful Falsehood in Auto Insurance Claims
The Court confirmed that a willfully false statement made by an insured to the insurer can result in the insurer denying all types of recovery to the insured.  The Alberta Court of Appeal describes its new decis...
February 8, 2023
Field Law Expands into the Bow Valley with the Acquisition of Hicks Intellectual Property
The acquisition is aligned with the firm’s strategic plan for growth through industry specialization and regional focus.CALGARY – February 8, 2023 -  Field Law is bulking up its intellectual property services by acquiring the Canmore-b...
February 7, 2023
Important Professional Regulatory Cases of 2022
Learn about the most important professional regulatory court cases of 2022. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Katrina Haymond, KC, this popular annual...
January + February 2023
2022 - A Year in Review: Labour + Employment (Part 1)
Seminar + Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series will cover Labour, Occupational Health + Safety and Immigration. To view the ...
January 2023
Proposed Increase in the Provincial Court Civil Claims Limit
Law Camera Action: Field Law Talks Law
How will the proposed increase of the Provincial Court civil claims limit affect you?While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Cou...
January 2023 - 4 min read
Does a Subcontractor Have a Claim for Unjust Enrichment Against the Owner?
The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in a v...
January 2023 - 6 min read
How a Woman Uses an Obscure Legal Tool to Expose Online Trolls in Court
Canada Today
When a woman turned to leaders at The Meeting House megachurch in southern Ontario with allegations that her former pastor had sexually abused her, the ensuing investigation forced the pastor to resign and resulted in a reckoning that led to a drop in ...
January 2023 - 4 min read
Court Provides Clarity on Substituting Lien Bonds for Cash in Court
The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legislat...
January 2023 - 4 min read
Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members
January 2023
Meet Our Newest Partner
Field Law welcomes Erin Berney to its partnership.Field Law is pleased to welcome Erin Berney as a firm partner, starting January 1, 2023.“Erin has done a remarkable job establishing her vibrant law practice and we are happy she has accepted our ...
January 2023 - 3 min read
Alberta Court Finds Defendant Breached 2003 Agreement to Sell Land
The Lawyer's Daily
December 2022 - 4 min read
Push it to the Limit: Amendments to the Provincial Court Act
While the increased civil claims limit will not be effective until designated by regulation, the proposed increase from $50,000 to $200,000 opens up the Provincial Court to larger and more complex cases. This gives litigants more flexi...
December 2022 - 3 min read
Determining Quorum + Retaining Jurisdiction in Disciplinary Proceedings
Perspectives for the Professions
In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been other...
December 2022 - 5 min read
Aging Condominiums: Repair or Terminate?
December 2022 - 3 min read
When Worlds Collide: The Interplay Between Liens and Adjudication Orders
Alberta’s prompt payment and adjudication provisions are based heavily on Ontario’s Construction Act, but a major difference is the extent of trust provisions. In Alberta, a trust only arises when a certificate of sub...
December 2022
The World of Digital Assets is Not a Lawless One
Law Matters
December 15, 2022
Legal + Financial Check-Up for Construction + Trades Business Owners
Webinar
What legal issues should construction and trades business owners be aware of throughout all stages of a project? What financial processes should be in place to help owners operate successfully?  Join Field Law's Anthony Burden and KWB Chart...
December 13, 2022
Investigation Tales: Strategies + Tips for Challenging Investigations
Roundtable
Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for a special holiday roundtable.  At this roundtable, our seasoned guest panelists with discuss anticipating and responding to challenging issues ...
December 2022 - 3 min read
Mitigation Obligation Clarified: Employee Not Required to Seek Lesser-Paying Job
Workwise Newsletter
The Ontario Court of Appeal has clarified that a terminated employee is obligated to mitigate damages by seeking comparable employment to her previous job, not lesser jobs.  The Court set aside a previous decision to reduce ...
December 7, 2022
Field Law Community Fund Program Donates $75,000 to Community Projects Across Alberta and Northwest Territories
This year, Field Law received 130 applications from organizations and individuals with “pay-it-forward” ideas for their communities. Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Progr...
December 2022
Employer Liability at Events
Law Camera Action: Field Law Talks Law
How can you minimize your legal exposure when serving alcohol at work events?It’s the most wonderful time of the year, the holiday season, and you’re probably getting ready to host some fun events to celebrate. However, if you choose to ser...
December 2, 2022
Legal Obligations of Condo Board Members: Financial Update
Webinar
With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations.Join Field Law's Erin Berney and Nationa...
November 2022 - 5 min read
Regulatory Reform in Alberta: A Status Update
Perspectives for the Professions
The implementation of the Health Professions Act ("the HPA") on December 31, 2001 introduced major regulatory reform to Alberta, and for the next 17 years there was an extended period of legislative stability. Then, in 2018, the &qu...
November 2022 - 3 min read
Arbitration and Litigation and Bankruptcy, Oh My!
What happens when a party who has agreed to arbitrate its dispute goes bankrupt? If the arbitration process compromises the efficiency of the receivership process, the Court may decide to deal with the dispute and the entire bankrupt e...
November 18, 2022
People, Pets + Parking: A Potpourri Q+A Session for Property Managers
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
November 2022
Getting a Grip on Slip-and-Fall Cases: Nelson (City) v. Marchi
Canadian Lawyer
November 16, 2022
Occupiers’ Liability: Refresher on Key Issues + How to Use Biomechanical Evidence
Webinar
Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide clari...
November 2022
Complete or Not Complete: When is Substantial Performance Attained?
In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite t...
November 2022
Right to Disconnect
Law Camera Action: Field Law Talks Law
What does the "right to disconnect" mean, and how does this affect Alberta employers? Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Albert...
October 2022 -1 min read
Alberta Legislative Session Prorogued: Bill 23 Will Die on Order Paper
Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legislati...
October 27, 2022
An Employer's Guide to Hybrid Work Arrangements
Workshop
Employers have been navigating the COVID-19 pandemic longer than we anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote or...
October 2022 - 3 min read
Two Words Too Many? Drafting Termination Provisions in an Employment Contract is Delicate Work
Workwise Newsletter
A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions. In Bryant, three employees whose employment was terminated on 60 days’ notice argued they had...
October 2022 - 5 min read
Alberta’s Top Court Re-Writes Rules for Costs Orders in Professional Discipline
The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in investig...
October 6, 2022
Field Law Community Fund Program Invites Public to Vote on Local Community Projects for Chance at Funding
All members of the public can support community-minded projects by casting their vote online at fieldlawcommunityfund.com. October 6, 2022 - Starting today, Alberta and Northwest Territories residents are invited to vote for their favourite communi...
September 30, 2022
National Day for Truth and Reconciliation
The Federal legislation declaring September 30 as the National Day for Truth and Reconciliation a statutory holiday represents a valuable and important continuation in the truth and reconciliation process. It provides an opportunity to commemorate and ...
September 2022 - 4 min read
Can Surety Bonds be Rescinded Due to a Contractor's Fraudulent Conduct?
Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...
September 2022 - 2 min read
Excess Patent Claim Fees are Coming to Canada - Keep Calm and Carry On
Amendments to Canada’s Patent Rules, coming into force on October 3, 2022, will introduce excess claim fees into Canada’s patent regime (amongst other changes). If examination of a Canadian patent application is requested on or after Octobe...
September 2022
Privacy Torts + Vicarious Liability: What Can Organizations Do?
Over the last two decades, we have slowly realized that our personal information is not nearly as personal or private as it used to be. It seems that someone or something is attempting to collect and use our personal information at every turn. Both the...
September 16, 2022
People, Pets + Parking: Your Condo Building Insurance Questions Answered
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
September 2022 - 3 min read
Court Provides Important Ruling on Pre-Judgment Interest
In a September 9, 2022 decision, the Court of King's Bench provided the first ruling on pre-judgment interest since Insurance (Enhancing Driver Affordability And Care) Amendment Act, 2020, SA 2020, c 36 (the "Insurance Amendment Act"...
September 6, 2022
Field Law Community Fund to Award $75,000 to Community Projects – Applications Are Now Open
Registered and non-registered charitable organizations, community associations, and individuals are encouraged to apply September 6, 2022 - Field Law is now accepting applications to receive this year’s funding through the Field Law Community ...
September 2022 - 4 min read
Exposure for Developers: Potential Liability for Dangerous Defects
In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...
August 2022 - 5 min read
Court Clarifies Indirect Loss Claims and Class Proceeding Definitions
A recent case from the Alberta Court of Appeal demonstrates that claims in pure economic loss can be difficult and that there needs to be sufficient directness or relatedness of relationship and damage for a party to succeed. In addition, individual pr...
August 25, 2022
The Best Lawyers™ in Canada 2023
39 Lawyers Recognized
Field Law is pleased to announce that 39 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2022 - 4 min read
Final Countdown: Top 5 Things to Keep in Mind for Prompt Payment
The Prompt Payment and Construction Lien Act (“PPCLA”) comes into force on August 29, 2022, nearly two years after Bill 37 was first tabled. With only five days left, here are the top five things for all construction companies and...
August 17, 2022
Employment Law Fundamentals
ASBA Taps + Tips
Join Kelly Nicholson and the Alberta Small Brewers Association for a presentation and Q+A session on employment law fundamentals.Topics covered will include: Why employers should have a written employment agreement Most important provisions to in...
August 2022 - 2 min read
Constructive Dismissal: Silent Acquiescence = Acceptance
Workwise Newsletter
The Alberta Court of Appeal confirmed the test for constructive dismissal and reaffirmed that the onus is on the employee to decide whether they accept the new terms of employment within a reasonable timeframe - in this case, ten business days.  ...
August 2022 - 3 min read
The Artificial Intelligence and Data Act… Coming Soon to AI Near You
In June 2022, the Government introduced Bill C-27, an Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. A major component of this propose...
August 2022 - 3 min read
Do You Own a Business? You Need a Good Estate Plan
Up Here Business Magazine
Estate planning isn’t a fun topic, but it’s essential. That’s especially true for business owners, from sole proprietorships to corporations. Be sure your final plans meet your hopes and expectations for your business—for the sa...
August 2022 - 7 min read
Delay in Professional Discipline Proceedings
The Supreme Court of Canada just released a decision of critical importance to professional regulators addressing when delay in administrative proceedings constitutes an abuse of process justifying a stay of proceedings: Law Society of Saskatchewa...
July 2022 - 3 min read
Alberta Court Releases First Decision Regarding Masking Policies + Constructive Dismissal
Workwise Newsletter
The Alberta Court of Queen’s Bench recently held that the employee was not constructively dismissed when placed on an indefinite unpaid leave for failing to comply with a mandatory mask policy. This decision suggests that when an employee re...
July 2022 - 5 min read
Connected + Protected? Lien Rights on Different Lands
Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following qu...
July 2022 - 3 min read
Accessing Venture Capital: Five Practical Tips for Start-Ups
Introduction It is often exciting to embark on a new business venture which aims at providing solutions and products that could potentially "change the world". However, in the course of developing and executing a new business idea, it beco...
June 2022 - 5 min read
Employment Contracts: Leave No Room for Interpretation!
Workwise Newsletter
What You Need To Know In the case of Rice v Shell Global Solutions Canada Inc, the majority of the Alberta Court of Appeal emphasized the importance of clearly identifying the term of an employment contract and the parties’ obligations and e...
June 23, 2022
People, Pets + Parking: How to Avoid + Address Pet Problems
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property man...
June 15, 2022
Evidence Documentation in Forensic Investigations
Lunch + Learn
Join Field Law and Collision Analysis Ltd.'s Craig Good and Steve Thannhauser for a complimentary lunch and learn that will provide insurance professionals with a general overview of forensic investigations and guidelines f...
June 14, 2022
Call the Expert! What Regulators Need to Know About Retaining + Instructing Expert Witnesses
Roundtable
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for our first lunch time roundtable in a couple of years! This roundtable is designed to help complaints directors and other regulatory professionals better un...
June 14, 2022
Selling Your Business: Legal + Financial Considerations
Webinar
Whether you're currently considering selling your business, or you want to ensure your business is in optimal shape and attractive to potential future buyers, as a business owner you should be aware of strategies that will set you up for success.Jo...
May 27, 2022
Getting Ready for Bill 23: Alberta’s Professional Governance Act
Workshop
Bill 23 was introduced by the Alberta Government on May 2, 2022. As we previously reported, the Bill will bring major changes for 22 professional regulatory organizations in Alberta.Join James Casey, KC, Katrina Haymond, Gregory Sim...
May 2022 - 6 min read
Eight Securities Law Mistakes to Avoid as a Private Corporation
Introduction If you have a private corporation looking to raise capital, here's a list of common pitfalls to watch for. Securities laws are a collection of laws, regulations, policy statements, instruments and rules that regulate, among other th...
May 2022 - 3 min read
Like a Light Switch: Court Examines Consent + Vicarious Liability
A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability.  Facts Pinksen owned a car, and her husband allowed Rampersad t...
May 2022 - 6 min read
What Happens if a Condominium Does not Enforce its Bylaws?
May 6, 2022
People, Pets + Parking: Condo Manager Regulation Update
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues ...
May 2022 - 10 min read
Bill 23: A Major Overhaul for Professional Regulatory Legislation in Alberta
On May 2, 2022, the Alberta Government introduced Bill 23, the Professional Governance Act. Bill 23 represents a major overhaul for professional regulatory legislation in Alberta. The Bill would repeal the governing statutes for 22 professions and...
May 2022 - 3 min read
Don’t Sit Still: Is Your Company Ready to Cope with the Current Pace of Change?
Up Here Business Magazine
Inflation. Climate change. A lingering pandemic. Risk abounds for business as we reach the mid-point of 2022. Here are 10 issues business leaders should be reviewing as they prepare for the hard-to-predict months ahead. Throughout the COVID-19 pande...
April 28, 2022
Assessing + Preventing Unconscious Bias in Professional Regulation
Workshop
The concept of unconscious or implicit bias has become prominent in recent years. Professional regulatory organizations are attempting to understand how unconscious bias can impact decisions and what can be done to mitigate the risks of the impact of u...
April 2022 - 2 min read
Prematurity: Challenges to the Hearing Tribunal’s Jurisdiction
Perspectives for the Professions
In Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177, the Court of Queen's Bench provided a clear statement on prematurity and the timing of judicial reviews from administrative bodies. In this case, the regulated membe...
April 2022 - 3 min read
Alberta's New Umbrella Legislation: Streamlining the Regulation of Non-Health Professions
Perspectives for the Professions
The Government of Alberta recently announced a timeline for its "Streamlining Professional Legislation" project, which will introduce new umbrella legislation for the regulation of 22 non-health professions in Alberta. The Government is expec...
April 2022 - 3 min read
Priority of Lien Claims in a Post-Redwater World
The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...
April 2022 - 3 min read
Back to the Office: Legal Considerations for Employers
Workwise Newsletter
On March 1, 2022, the Province of Alberta entered stage 2 of the Government’s three-stage process for easing COVID-19 restrictions, which resulted in the lifting of nearly all remaining public health restrictions, including Alberta’s mandat...
April 2022 - 4 min read
Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums
April 20, 2022
The Degenerative Spine in Injury with Dr. Richard Hu
Seminars
Join Field Law and orthopedic surgeon Dr. Richard Hu MD, FRCSC, for an interactive seminar about: IME Reports: Differing perspectives on the Degenerative Spine  Case Presentations: A question and answer period with a discussion of ...
April 8, 2022
Financial Responsibilities of Condo Corporations
With all the legislation changes in recent years, it has grown increasingly challenging for condominium corporation boards to understand their financial responsibilities. How can board members ensure they have the right resources in place to manage the...
April 7, 2022
Coffee + Counsel: Employer Considerations for the Removal of Vaccination Policies
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
April 2022 - 1 min read
Delayed: Alberta Condominium Dispute Resolution Tribunal
March 2022 - 4 min read
Prompt Payment + Consultants: What You Need to Know
The upcoming changes to Alberta's construction law regime should be top of mind for all parties in the construction industry, with both the Prompt Payment and Construction Lien Act (the "PPCLA") and the Prompt Payment and A...
March 2022 - 2 min read
Bill 10: Prohibiting the Practice of Female Genital Mutilation
On March 24, 2022, the Government of Alberta introduced Bill 10, the Health Professions (Protecting Women and Girls) Amendment Act, 2022. Bill 10 amends the Health Professions Act to address female genital mutilation.  The Bill...
March 29, 2022
Coffee + Counsel: Insurance Industry Insights - What's in Store for 2022?
Q+A Session
Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to insurers in Alberta. Your questions guide the discussion, and we pr...
March 24, 2022
Cocktails + Counsel: Benefits + Implications of Cross-Border Trusts
Q+A Session
Join Field Law for Cocktails + Counsel, a complimentary series where your questions will guide the discussion, and our lawyers provide their legal perspectives. This dynamic virtual Q+A session lets you ask questions and hear legal perspectives on i...
March 2022
Inflation, COVID, and How it Can Impact a Small Business
Calgary Citizen
March 23, 2021
Legal + Financial Checkup for Small Businesses
Webinar
What legal issues should small and mid-sized business owners be aware of? What financial processes should be in place to support the business's health?  Join Field Law's Lyndon Thiessen and KWB Chartered Professional Accountants' Al...
March 2022 - 3 min read
Fire Distinguisher: Court Clarifies Liability for Third-Party Arsonists
A recent decision determined that construction companies cannot be liable for the actions of third-party arsonists. So long as the property owner is making “normal and ordinary use of the property” in that there is “no unusual danger ...
March 2022 - 10 min read
In Good Faith: Seven Cases Impacting Your Contracts
In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...
March 2022 - 3 min read
Coming Out of COVID: What Can Businesses Expect From Their Lenders?
It is no secret that many companies in Alberta are in financial distress due to COVID-19. While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreading the "call from the bank." ...
March 2022 - 5 minute read
Accumulated Risk: The Dangers of Negligent Road Maintenance
What You Need to Know The Alberta Court of Queen’s Bench held that the City of Calgary (the “City”) bore some liability for an accident caused by negligent road maintenance. This decision highlights the legal exposure that can ar...
March 2022 - 4 min read
Ding Dong! Your Doorbell Camera Must Come Down
The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through th...
February 24, 2022
2021 - A Year in Review: Labour + Employment (Part 2)
Webinar
Join members of our Labour + Employment Group for our annual Year in Review webinar, which focuses on legal updates for management and employee groups.Part 2 of this series will cover Privacy, Human Rights and Employment. To view the recordin...
February 2022 - 3 min read
Recent Corporate Battle Carries a Legal Lesson for Business
Up Here Business Magazine
The recent family feud at Rogers Communications made for great drama. But don’t overlook the issue at the heart of the dispute. It’s a reminder that business law—not corporate practices—carry the day in court. The closing mon...
February 2022 - 2 min read
Are Commercial Tenants Required to Pay Back Missed Rent During COVID-19?
COVID-19 has wreaked havoc on businesses across Canada, and many commercial tenants have faced enormous revenue shortfalls. Some of them are wondering whether COVID and its business destruction are legitimate reasons to not pay rent. Are they?Well folk...
February 2022  - 3 min read
Which Parties Must Be Sued to Enforce a Builders’ Lien?
Builders’ liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.In Alberta, a Statement of Claim and Certificate of Lis Pe...
February 2022 - 3 min read
Substantial Damages Awarded for Refusal to Use Proper Pronouns
Workwise Newsletter
What You Need to Know A recent British Columbia Human Rights Tribunal (BCHRT) decision awarded $30,000 in damages to a restaurant employee due to the actions of a co-worker who repeatedly and deliberately misgendered them by referring to them using ...
February 3, 2022
Financial + Legal Checkup for Medical Practitioners
Webinar
What legal issues should medical practitioners be aware of when operating a private practice? What financial processes should be in place to support the business's health?  Join Field Law's Britt Tetz and Marc Yu and KWB Chartered Profe...
February 1, 2022
Important Professional Regulatory Cases of 2021
Webinar
Learn about the most important professional regulatory court cases of 2021. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, KC and Katrina Haymond, this popular annual webi...
January 2022 - 4 min read
Significant Changes to Union Dues + Union Financial Statements
Workwise Newsletter
On July 7, 2020, the Government of Alberta introduced Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020. The intent of Bill 32 was to support economic recovery, restore balance in the workplace, and get Albertans back to work.Whil...
January 2022 - 4 min read
Discharging a Builders' Lien: Is Cash King?
Posting either a lien bond or cash as security to discharge a builders' lien is standard practice in Alberta. Seemingly, this is because the lien claimant is not prejudiced by the posting of one form of security over the other.  But is a ...
January 25, 2022
2021 - A Year in Review: Labour + Employment (Part 1)
Webinar
Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups.Part 1 of this series covered Labour and Occupational Health + Safety. To view the recording for Part 2,...
January 2022 - 4 min read
Factoring Arrangements and Builders’ Liens: How to Take Them Into Account
Payment disputes on construction projects are extremely common. With margins being low to begin with, contractors often find themselves financially strained and unable to cash flow their business operations to complete projects. One common form of reli...
2020-2023
Barry McGuire
Real Estate Industry Insights
I'm taking on new clients. Please consider me and ´╗┐Field Law when you write your next deal. These emails are aimed at giving real estate professionals short, sharp and easily digestible comments on issues that come up frequently. Here ...
January 2022
Meet Our Newest Partners
Field Law welcomes Jill Bishop and Richard Stobbe to its partnership.Field Law is pleased to welcome Jill Bishop and Richard Stobbe as firm partners, starting January 1, 2022.“Both Richard and Jill have demonstrated leadership and commitment to e...
December 2021
Court of Appeal Adopts the "Plausible Inference" Approach to Discoverability
Is a plaintiff's understanding of the law, and how it might apply to their claim, relevant to an assessment of when a limitation period expires? In Lafferty v Co-operators General Insurance Co, 2021 ABCA 359, the Alberta Court of Appeal r...
December 13, 2021
Direct Compensation for Property Damage Coming to Alberta
Canadian Underwriter
December 2021
Power of Attorney and Probate
Alberta Real Estate Association - Podcast Episode 40
In this episode, Lisa Statt Foy helps to clear up some of the misconceptions associated with the topic on the probate process, Power of Attorney, and enduring power of attorney relating to real estate. As these issues affect REALTORS®...
December 12, 2021
Alberta Employment Lawyer Believes More Cases Challenging Vaccine Mandates to Come
Edmonton Journal
December 2021
AGMs The Importance of Proper Notice
Canadian Condominium Institute - Northern Alberta
Has your condominium corporation convened an Annual General Meeting (AGM) since the COVID-19 pandemic began in March 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find ...
December 7, 2021
Mandatory Vaccination Policies: What Case Law is Telling Us So Far
As we all learn to live with COVID-19 and as workers move back into the workplace, many employers have implemented various types of policies regarding COVID-19 vaccination. A few months have passed, some specific legal cases have started to slowly...
December 2, 2021
Crazy Indians Brotherhood Earns $8,000 Prize from Law Firm
Yellowknifer
Field Law has announced the recipients of its 2021 Community Fund Program and the Yellowknife chapter of the Crazy Indians Brotherhood is a beneficiary. Click here to read the full story. 
December 1, 2021
Field Law Announces 2021 Community Fund Recipients, Distributing $75,000 Across Alberta and NWT
A record-breaking 140 applications were received from diverse community organizations
Dec. 1, 2021 – Field Law is proud to reveal the selected recipients of this year’s Field Law Community Fund Program, distributing $75,000 to deserving organizations across Southern Alberta, Northern Alberta and the Northwest Territories.Fro...
November 2021 - 3 min read
Back to Basics: How Mining and Indigenous Rights Work in the North
Up Here Business Magazine
Before any mining outfit can swing a geologist’s hammer, it needs to understand how Indigenous rights will shape their work. And the rules are different across the territories. That’s just the way it is, so it helps to get a little guidance...
November 2021
Case Law Update: Are Mandatory Vaccination Policies Allowed in the Workplace?
Workwise Newsletter
Various questions arise from the competing interests of employees and employers when dealing with mandatory vaccination policies. While there were labour arbitration decisions relating to influenza and other vaccines, until very recently, there were ...
November 2021 - 6 min read
Frustration + Force Majeure in Commercial Leases: Is COVID a Valid Reason to Not Pay Rent?
When the COVID-19 pandemic started, governments worldwide reacted to this unprecedented health crisis with similarly unprecedented public health measures, including orders for non-essential businesses to close their doors to the public.Many businesses ...
November 2021 - 4 min read
When Will Employers Be Liable for the Off-Duty Conduct of Their Employees?
Workwise Newsletter
The ability of employers to monitor and control the actions of their employees is limited. However, employers can be vicariously liable for the actions and omissions of their employees. This means that employers will be liable for acts or omissions, ...
November 22, 2021
Coffee + Counsel: COVID-19 + Professional Regulatory Organizations - A Potpourri of Legal Issues
Q+A Session
Join us for Coffee + Counsel, a complimentary webinar series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to professional regulatory organizations across Canada. Your questions guide the discuss...
November 19, 2021
People, Pets + Parking: How to Avoid + Address Parking Issues
Q+A Session
Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing pr...
November 17, 2021
Coffee + Counsel: Family Status Accommodation - Where Are We Now?
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
November 16, 2021
Field Law Recognized in The Globe and Mail’s Canada’s Best Law Firms 2022 List
At Field Law, we continually aim to provide the best legal advice and client service in western and northern Canada; receiving recognition for work we are passionate about is simply a bonus. We are proud to announce we have been recognized as one ...
November 2021 - 2 minute read
Exemptions Announced for Condo Manager Licensing
November 2021 - 3 min read
Halting Vexatious Litigants in Their Tracks
Perspectives for the Professions
Many regulators have to deal with vexatious litigants. Some complainants or registrants commence baseless legal proceedings against the regulator if they disagree with its decisions. Responding to these proceedings is time-intensive and expensive, es...
November 10, 2021
4 Key Questions About New OHS Rules in Alberta
Canadian HR Reporter
For employers operating in Alberta, Dec. 1 will bring a brand new occupational health and safety regime, as the province enforces its new OHS act.Canadian HR Reporter recently spoke with Steve Eichler, partner at Field Law in Calgary, about w...
November 2021 - 4 min read
Careful Not to Colour Outside the Lines: Court Limits Ability to Add Allegations During a Hearing
Perspectives for the Professions
In Alsaadi v. Alberta College of Pharmacy, 2021 ABCA 313, a majority of the Alberta Court of Appeal adopted a very narrow interpretation of language common to professional regulatory statutes. The case involved a pharmacist, Alsaadi, fou...
November 2021 - 5 min read
How Long It Takes to Buy a Foreclosed Property
In Canada (and jurisdictions with similar laws), foreclosure is when someone defaults on their mortgage payments, and the lender takes control of the property. Lenders will try to sell the property to recuperate the mortgage money. Foreclosures are reg...
November 2021 - 3 min read
Direct Compensation for Property Damage is Coming to Alberta
The Superintendent of Insurance has approved amendments to the Standard Auto Policy Form No. 1 (“SPF No. 1”) that will take effect January 1, 2022. The most significant amendments relate to Bill 41: Insurance (Enhancing Driver Affordab...
November 2, 2021
Field Law Community Fund Competition Highlights Worthy Causes in Alberta and Northwest Territories
Canadian Lawyer Magazine
November 2021
Court Clarifies Test for Core Policy Immunity of Municipalities 
The concept of government liability in negligence for policy vs. operational decisions has existed for some time. Core policy decisions are exempt from liability, whereas operational decisions are subject to the usual common law liability consideration...
October 2021
Field Law has been Named as a Recipient of the 5-Star Insurance Law Firm Award
Insurance Business Canada
Field Law is proud to be honoured in the Insurance Business Canada magazine and website as a recipient of the 5-Star Insurance Law Firm Award. The Award is a result of 15-weeks research, surveying insurance leaders and a wide r...
October 2021 - 4 min read
Just in Time for the Holidays! The New and Improved OHS Act Takes Effect on December 1, 2021
Avid Field e-blast readers will recall our reporting that on December 9, 2020, the Government of Alberta passed Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, which amended various work-related statutes, including Alberta’s&nbs...
October 2021 - 3 min read
Human Rights in Unionized Workplaces: Do Arbitrators Have Exclusive Jurisdiction?
Workwise Newsletter
In a decision released last Friday, the Supreme Court of Canada affirmed the exclusive jurisdiction of labour arbitrators to consider all matters falling under a Collective Agreement, including human rights claims. In Northern Regional Health Auth...
October 2021 - 9 min read
Bill 49 - The Labour Mobility Act: Implications for Regulations
On October 26, 2021 the Government introduced Bill 49, the Labour Mobility Act (the “LMA”), and proceeded to give the new Bill first reading. Given that the Fair Registration Practices Act (the “FRPA”) was introduced by the Gove...
October 2021
Interesting Insights on Intellectual Property
Alberta Real Estate Association - Podcast Episode 38
In this episode, Lisa Statt Foy, brings her wealth of legal knowledge to our discussion to help REALTORS® understand the potential pitfalls and best practices related to the use of images, trademarks, copyrighting, and more. With the expl...
October 2021
Alberta Awards First Damages for Public Disclosure of Private Facts
Until recently, a person’s ability to sue for privacy concerns in Canada has been limited to traditional torts such as defamation, negligent/intentional infliction of mental distress, breach of confidence or harassment. This has not been satisfac...
October 15, 2021
People, Pets + Parking: A Property Manager's Guide to HOAs
Q+A Session
Join Erin Berney and John Gilbert for a special edition of People, Pets + Parking! As it becomes more and more common for condominium Property Managers to also manage Homeowners' Associations (HOAs), it's important to be aware of the simil...
October 2021 - 1 min read
Can a Power of Attorney Change a Beneficiary on a Life Insurance Policy?
A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney i...
October 2021 - 4 min read
Untangling a Web of Lien Claims
Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...
October 7, 2021
Field Law Community Fund Launches Public Voting for Local Community Projects
Residents of Alberta and the Northwest Territories have a unique opportunity to support local charities, groups and organizations by casting their vote for recipients of this year’s  Field Law Community Fund Program (the Community Fund).Fiel...
October 7, 2021
Recent Developments in the Alberta Insurance Industry
Webinar
In the insurance industry, circumstances can – and often do – change in the blink of an eye. Join Brian Filips, Jill Bishop and Angela Beierbach of Field Law's Insurance Group for a complimentary webinar on recent developments in t...
September 27, 2021
Prompt Payment Legislation: The Impact on the Alberta Construction Industry
Webinar
While the Alberta Builders’ Lien Act has been in force and essentially unchanged for several decades, it will soon evolve with the enactment of the Prompt Payment and Construction Lien Act. This new legislation will introduce significant changes ...
September 2021 - 2 min read
COVID-19 Vaccination Mandates: Who Qualifies for Exemption
Workwise Newsletter
As COVID-19 infection rates and corresponding hospitalizations continue to climb in Alberta, employers are increasingly implementing mandatory vaccination policies to keep workers safe. Failing to comply with mandatory vaccination policies often result...
September 22, 2021
Biomechanics + Human Factors in Personal Injury Litigation
Webinar
Understanding the forces and motions experienced during injury causing events can be an important consideration when evaluating causation in the context of personal injury litigation. Whether it's a slip and fall or a motor vehicle collision, human...
September 2021 - 3 min read
Prompt Payment Legislation in Alberta: Is Your Invoicing "Proper"?
Prompt payment legislation has been in force in the United Kingdom for almost 30 years. Notwithstanding its reported effectiveness overseas, it has been slow to gain traction in Canada. In July 2018, Ontario enacted the "modernization" of its...
September 2021 - 3 min read
Registering Builders’ Liens: When Does the Clock Start Ticking?
The Builders’ Lien Act (“BLA”) sets out deadlines for registering builders’ liens. However, determining if a lien has been registered out of time can be tricky. Whether the work performed by a contractor or subcontract...
September 17, 2021
People, Pets + Parking: Condo Manager Regulation
Q+A Session
Join Erin Berney and Niall Burke for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property mana...
September 2021 - 5 min read
COVID-19 + Alberta Corporations: Shareholder Disputes, Oppression and Remedies
The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly, only the most fortunate of businesses have not been adversely impacted. As waves of the virus have strained our healthcare system, it has also caused signifi...
September 15, 2021 - 2 min read
Annual Field Law Community Fund Program Open to NWT Residents
NNSL Media
September 7, 2021
Field Law Community Fund Offering $75,000 in Community Grants
SEPTEMBER 7, 2021 - Field Law, a western and northern regional law firm, is pleased to formally launch applications for its Field Law Community Fund Program, which will distribute $75,000 in funding between Northern Alberta, Southern Alberta and the No...
September 2021
Private Members Bill Creates Unique (and Momentary) Tax Planning Opportunities
The Income Tax Act (Canada) (the "Act") was recently amended by private member's Bill C-208 (the "Bill") to address an inequity disadvantaging intergenerational transfers of businesses to family members. It is common for busines...
August 2021
The Best Lawyers™ in Canada 2022
38 Field Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2021 - 3 min read
Can You Transfer Your Business to Your Family Tax-Free?
The capital gains exemption is not dying completely, but there is a broader way to use it now than there has been before, or likely, ever will be again. Canadian-resident individuals have long faced an unfair scenario when trying to pass along their fa...
August 16, 2021 - 2 min read
Field Law Announces Sponsorship of Alberta Esports Association (AESA)
CALGARY – August 16, 2021 –Field Law’s Emerging Technology group is pleased to announce a new alliance with the Alberta Esports Association (AESA), a not-for-profit organization established in 2020 that serves as the governing body fo...
August 2021 - 4 min read
Returning to the Office: Your COVID-19 Questions Answered
Canadian Lawyer
July 22, 2021
Abandoned Manufactured Homes: The Court Process Clarified
Q+A Session
Abandoned homes have been an issue for landlords of manufactured home communities for a long time. They can be rather complicated, and knowing when a Quit Claim and Release by the tenant is appropriate, and when to bring a court application can be conf...
July 2021
Legal Costs for Condominium Corporations: A Refresher
July 2021 - 7 min read
Clarity From Confusion: Court Confirms Test for Family Status Discrimination
Workwise Newsletter
Jonathan Swift once observed that there is nothing constant in the world but inconsistency. The truth of that statement is nowhere more apparent than in the Canadian law governing family status accommodation, where the legal test applied to a...
July 2021 - 5 min read
Can Temporary Layoffs Due to COVID-19 be Considered Constructive Dismissal?
Workwise Newsletter
During the COVID-19 pandemic, all Canadian provinces and territories declared a state of emergency and implemented strict measures to help curb the spread of the virus. Consequently, many businesses were directly or indirectly forced to lay off employe...
July 2021 - 5 min read
Contract Drafting Secures Millions in Pre-Judgement Interest
Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision high...
July 9, 2021
People, Pets + Parking: Pandemic Problems - Part 2
Q+A Session
Join Erin Berney and Niall Burke for the second installment of our complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issue...
June 2021 - 5 min read
SCC to Revisit the Issue of Delay in Administrative Proceedings
Perspectives for the Professions
“Justice delayed is not always justice denied.” (Abrametz at para 171) For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the lea...
June 2021 - 3 min read
What's in a Name? Restricted Titles Revisited
Perspectives for the Professions
In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the &ld...
June 22, 2021
Discipline Tribunal Essentials: Fundamental Skills
Virtual Workshop
Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes. Join James Casey, KC, Katrina Haymond, Jason Kully and others from Fiel...
June 2021 - 2 min read
New COVID Legislations. New Protections.
What is Bill 70? Multiple provinces across Canada have implemented legislation to create liability protection against COVID-19 for employers and their workers in health sectors. As of June 17, 2021, Alberta joins these provinces with Bill 70, more comm...
June 2021
CERB’ing Your Enthusiasm: Court Deducts COVID Wage Replacement Amounts From Notice Period
Despite the breadth and depth of the effects of the pandemic, we have not seen many reported court decisions considering the impact of federal emergency pandemic payments on termination pay. In fact, to date, only two reported decisions appear to have ...
May 19, 2021
Coffee + Counsel: Employers, Are You Ready for the COVID-19 Vaccine?
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
May 2021 - 3 min read
Builders’ Liens: Where does the Lien Line Lie?
The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determining...
May 13, 2021
Coffee + Counsel: How to Protect Your Business Against Phishing Attacks
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
May 2021
Gone Phishing? Cybersecurity Issues Are a Recurring Struggle for Organizations
The prevalence of fraudulent activity has increased during the COVID-19 pandemic. In 2020 alone, the Canadian Anti-Fraud Centre reported 70,948 cases of fraud, with $108.8M lost to fraud. Between March 6, 2020, and March 31, 2021 alone, $7.25...
May 6, 2021
COVID Curveball: Legal Considerations for Amateur Sports Organizations
Webinar
The COVID-19 pandemic has shut down, postponed and otherwise significantly impacted amateur sports in Alberta. For the foreseeable future, amateur sports organizations will need to alter the delivery of their programs to comply with shifting regulation...
May 2021 - 4 min read
Constructing the Right Adjudication System for Alberta
How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constructi...
May 5, 2021
The Modernization of Canadian Privacy Law: Where Are We Heading?
Seminars
Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legis...
April 30, 2021
People, Pets + Parking: Pandemic Problems - Part 1
Q+A Session
Join Erin Berney and Niall Burke for a complimentary new webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. Have a legal question? Want to learn what other issues are plaguing property ...
April 2021 - 3 min read
Why You Should Avoid Using a Will Kit
Will kits are inexpensive, but that may be their only redeeming quality. It can be very tempting to pick up a $30 fill-in-the-blanks Will kit rather than retaining a lawyer, but before you do, you should consider the risks involved.A Will kit can be pu...
April 24, 2021
Short-Term Rentals: Legal Clarifications + Bylaw Considerations
Alberta Condo Expo 2021
With the development of apps and companies that specialize in direct marketing of short-term rental accommodations, the phenomenon of short term rentals in condominium complexes has become a hot topic. Join lawyer Erin Berney to hear about things to ke...
April 2021 - 3 min read
No Control, No Liability? Clarification on Liability of Owners of Rented/Leased Vehicles
What happens when the owner isn't covered by the Workers' Compensation Act? A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability of...
April 2021
Canadian Treatment of Construction and Builders Liens On Crown Lands
Author: Anthony Burden
April 2021 - 3 min read
Saskatchewan Condominium Invests in Bitcoin
Real Estate Blog
April 2021 - 10 min read
How to Maintain Control Over Difficult Regulatory Hearings
Perspectives for the Professions
Serving on a professional regulatory tribunal is one of the highest forms of service to your profession. It is also a big responsibility. As regulatory hearings become more complicated, tribunal members may find themselves involved in longer and more d...
April 2021 - 3 min read
The Duty to Cooperate: Who Makes the Rules?
Perspectives for the Professions
In Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4, the British Columbia Court of Appeal made a strong statement about the duty to cooperate and offered a reminder of who makes the rules whe...
April 2021 - 8 min read
Changes to Post-Secondary Compensation
Alert
Reform of Agencies, Boards and Commissions (Post-Secondary Institutions) Compensation Regulation Extended to More Post-Secondary Executives as of April 1, 2021 On March 24, 2021, the Alberta Government passed an amendment to the Reform o...
March 2021 - 2 min read
Condo Update: Electronic Meetings Now Authorized
Real Estate Blog
July 2021 - 3 min read
Government Procurement: Nice Work… When You Can Get It
Up Here Business Magazine
If you have questions about government procurement, we’ve got some answers. Government spending in local communities is the backbone of economies across the north. Governments know that and they’ve developed policies to steer as much spendi...
March 2021 - 4 min read
Important Development Regarding Racial Slurs in the Workplace
Workwise Newsletter
Ontario Arbitrator finds that one instance of racial slurs creates the rebuttable presumption that termination is within the range of reasonable disciplinary responses. The Ontario arbitration case of Levi Strauss & Co. v Workers United C...
March 2021 - 7 min read
Coming Soon? Virtual Meetings for Condominiums
Real Estate Blog
March 2021 - 3 min read
Let’s Make a (Good) Deal: Want to Buy or Sell a Business? Remember This
Up Here Business Magazine
Congratulations! You’ve decided to acquire a brand new business or pass on the one you’ve built over the years. That’s great news but be prepared. You’re getting down to some serious brass tacks.  Here are some pointers to ...
March 16, 2021
Coffee + Counsel: Alberta Automobile Insurance, Recent Reforms + Case Law
Q+A Session
Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to automobile insurers in Alberta. Your questions guide the discussion...
February 24 + March 10
2020 - A Year in Review Webinar Series
Did you miss the Field Law Labour + Employment Group's annual Year in Review? The recordings are now available! Is employer-friendly OHS legislation coming to a worksite near you? What are the impacts of COVID-19 on employment legislation a...
March 2021
Canada’s new privacy regime in Alberta
Canadian Bar Association
March 2021 - 4 min read
Facial Recognition: A Privacy Law Perspective
Humans love to look at faces – our families, our friends, complete strangers. In some ways, our brains are optimized for facial identity recognition. We’re good at it, so of course we want to teach machines how to do it even bette...
February 2021 - 7 min read
Understanding Board Member Duties: When Condo Boards Fail
Real Estate Blog
February 2021 - 1 min read
Beer Brand Battle at the 100th Meridian
A Canadian band, The Tragically Hip, has sued a brewer for the use of a beer name that mimics the title of one of the band’s popular songs.Mill Street Brewery, a brand owned by Anheuser-Busch InBev (the world’s largest brewer), has a beer b...
February 2021 - 5 min read
Discretionary Powers in Contracts: The Duty to Act in Good Faith
Since 2014, Canadian courts and tribunals have struggled with the application of the duty to act honestly in the performance in contractual obligations, recognized by the Supreme Court of Canada ("SCC") in Bhasin v Hrynew. In attempts to...
February 2021 - 1 min read
New Canadian Entry Requirements
Prime Minister Trudeau announced new legal requirements for entry into Canada in an effort to further curb the spread of COVID-19 and protect Canadians.  Cancellation of Flights  As of January 31, 2021, Canadian airlines have agreed to ca...
February 2, 2021
Important Professional Regulatory Cases of 2020
Webinar
Learn about the most important professional regulatory court cases of 2020. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Leanne Monsma, this popular annual webinar in...
January 2021 - 3 min read
"I Quit!" - When is a Verbal Resignation Valid?
Workwise Newsletter
In Conway v. Griff Building Supplies Ltd., 2020 CarswellBC 3112, an employee was found to have resigned verbally during a meeting, despite failing to provide a formal resignation letter. The Court considered the matter from the ‘perspec...
January 2021 - 6 min read
Deception + the Honest Performance of Contracts
In 2014 the Supreme Court pronounced that good faith contractual performance is a general principle in the common law of contracts and that there is a common law duty applicable to all contracts to act honestly in the performance of obligations; B...
January 2021 - 2 min read
New Year, New Travel Rules, New US Immigration Policy
Canadian Travel Requirements Travel into Canada continues to be regulated and the monthly extension of restrictions remains without any end in sight. In late December 2020 the federal government announced a new measure to be enforced as of Ja...
January 2021
Field Law Announces Five New Partners
The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ...
January 2021 - 2 min read
Home Rule: How to Mix Corporate Governance + Social Distance
Up Here Business Magazine
The idea of gathering around a boardroom table in the era of COVID-19 seems off, given current public health advice. Still, corporate directors must continue to do their jobs—even if they must do them from their dining room tables. These five tip...
December 2020 - 3 min read
New Year, New Privacy Amendments?
What May be in Store for Alberta’s Public and Private Sectors
This year has been marked by accelerated efforts to amend existing federal and provincial privacy legislation.  As anticipated, the Alberta Information and Privacy Commissioner (Commissioner) has proposed a number of amendments to the Freedom of I...
December 2020 - 25 min read
Case Summary: Tokio Marine & Nichido Insurance Company v Security National Insurance Company
Defence + Indemnity
The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation.  Tokio Marine & Nichido Insurance Company v. ...
December 2020 - 10 min read
Case Summary: Hannam v Medicine Hat School District No. 76
Defence + Indemnity
The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to gra...
December 2020 - 7 min read
Case Summary: Der v Zhao
Defence + Indemnity
The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao, 20...
December 2020 - 9 min read
Case Summary: In re Capital One Consumer Data Sec. Breach Litig.
Defence + Indemnity
A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E Va....
December 2020 - 6 min read
Case Summary: ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry)
Defence + Indemnity
The Alberta Court of Queen’s Bench considered the rules for admissibility of affidavit evidence at length. ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, per Topolniski, J. Facts + Issues This case concerned ...
December 2020 - 5 min read
Alberta Government Announces New Funding Rules for Sexual Abuse and Misconduct Counselling
Perspectives for the Professions
When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abuse ...
December 3, 2020
Cocktails + Counsel: Setting Your Business Up for Success in Uncertain Times
Q+A Session
Join Field Law for another edition of Cocktails + Counsel, this time co-presented with PARK. This complimentary series brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to local business owners in th...
December 2, 2020
Navigating the Maze of Psychological + Brain Injuries
Webinar
Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficult ...
November 2020 - 1 min read
Why you Need to Talk to Your Estates Lawyer About Your Personal Directive
A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.   The types of personal decisions that an a...
November 26, 2020
Forensic Evidence: How to Prevent + Protect Against Spoliation
Webinar
Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:•    An overview of the law on spoliation   •    Knowing when to engage th...
November 2020 - 3 min read
Largest Costs Award in Alberta Human Rights History Upheld on Appeal
In Facey v Bantrel Management Services Co., 2020 ABQB 719 Rob Rakochey and Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case.  The respondent to the appe...
November 23, 2020
Understanding + Implementing Bill 46: A Guide for Colleges
Webinar
Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Bill 46 also represents the fourth major reform to the regulation of he...
November 20, 2020
Safer Communities and Neighbourhoods Act Webinar
Join Field Law, in conjunction with the Alberta Sheriff’s Department, for a webinar on how landlords can deal with undesirable behaviours of tenants located in their communities.Safer Communities and Neighbourhoods (SCAN) is a confidential, compl...
November 2020
The Importance of Notice
Real Estate Blog
November 2020
Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?
Real Estate Blog
November 2020 - 4 min read
Weir in Agreement: Alberta Court of Appeal Confirms Summary Rule
In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (“Hannam”), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decision a...
November 2020
Bill 46: Regulatory Reform Comes to Alberta (Part IV)
The proclamation of the Health Professions Act in 2001 was the culmination of 7 years of policy analysis as well as broad-based repeated consultation with the public, other stakeholders, and regulatory colleges. This lengthy and careful process of regu...
November 2020
Alberta's Health Information Act: What is Changing?
Bill 46: Health Statutes Amendment Act, 2020 (Bill 46) was recently introduced in the Alberta Legislature. The omnibus bill amends a number of pieces of health legislation, including the Health Information Act (HIA). As the Minister of Health...
November 2, 2020 - 3 min read
How much Northbridge could pay out in COVID claims
Canadian Underwriter
November 2020 - 5 min read
European Influence and the Modernization of Canadian Privacy Law: Is Alberta Next?
Canada’s privacy laws have arguably lagged behind the European Union for years. The EU’s General Data Protection Regulation (GDPR) has incorporated a human rights-based approach to privacy within its data protection legislati...
October 2020 - 5 min read
Case Summary:  Ewashko v Hugo
Defence + Indemnity
The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228 Facts + Issues Plaintiff Ewashko, represented by his mother, suffered a significant birth inj...
October 30, 2020
How to Purchase a Foreclosure
Presentations
Mogul Mastermind
October 30, 2020
Creative Real Estate Deals & AFS Strategies
Presentations
Mogul Mastermind
October 2020 - 5 min read
Case Summary: LDS v SCA
Defence + Indemnity
Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586 Fa...
October 2020 - 6 min read
Case Summary: National Ink & Stitch, LLC v. State Auto Property & Casualty Insurance Company
Defence + Indemnity
The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the word...
October 2020 - 3 min read
Prompt Payment in Alberta: One Big Step Closer
On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...
October 2020 - 4 min read
UPDATE – Ministerial Order 009/2020 Expired: Condos Once More Required to Convene AGMs
Real Estate Blog
October 2020 - 6 min read
Major Win for York on Copyright: York University v. Access Copyright Case Review
Update: On October 15, 2020 the Supreme Court of Canada (SCC) granted the applications for leave to appeal. The judgment of the Federal Court of Appeal, in York University v. The Canadian Copyright Licensing Agency (“Access Copyright”), Num...
October 2020 - 2 min read
Asserting Privilege in the Condominium Context
Real Estate Blog
October 2020 - 8 min read
Regulating the Use of Social Media by Professionals
The use of social media is widespread in today's world. It is used by nurses, doctors, lawyers, engineers, and other professionals to communicate with friends and others in both their professional and private lives. Social media use by professional...
October 7, 2020
Cocktails + Counsel: Workplace Accommodation in the COVID Era
Q+A Session
Join Field Law for the second installment of a complimentary new webinar series that brings you together (virtually) with a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal pers...
October 2020 - 2 min read
Simple as Pie? Not Exactly
Up Here Business Magazine
Employment contracts don’t have to be difficult, but do take care. Making a new hire can be a happy time for a business. That said, it’s important to take the long view and make sure your employment contract covers the issues that are impor...
September 16, 2020
Privacy for Condo Corporations: Understanding + Complying with PIPA
Webinar
Condominiums in Alberta are defined as organizations which are subject to the requirements of the Personal Information Protection Act (PIPA). This means that condo corporations must develop and adhere to policies and practices that comply with PIPA whe...
September 8, 2020
Field Law Community Fund Program Announces 2020 Winners
CALGARY – September 8, 2020 – Supporting our community has never been more important. Field Law is proud to announce the 2020 winners of the Field Law Fund Community Program, distributing $60,000 in funding to local charities and organizati...
September 8, 2020
Three Calgary Community Organizations Receiving Donations From Field Law
Calgary Herald
September 2020 - 2 min read
Workplace Bullies: An Employer's Duty to Respond
Workwise Newsletter
The importance of a prompt and meaningful investigation into a workplace complaint was highlighted in Bassanese v German Canadian News Company Limited. An employer was ordered to pay $50,000 in aggravated damages for failure to properly ...
August 2020
The Best Lawyers™ in Canada 2021
38 Fielders Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2020 - 1 min read
UPDATE: CERB Extension and Changes to Employment Insurance
The Federal government has announced a four-week extension to the Canada Emergency Response Benefit (CERB).As explained by the Government of Canada, the CERB is being extended from 24 weeks to 28 weeks for workers who: stopped working due to COVID-...
August 2020 - 10 min read
Case Study: Apps v. Grouse Mountain Resorts Ltd.
Defence + Indemnity
Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract exper...
August 2020 - 6 min read
Case Study: Pembridge Insurance Company of Canada v. Chu
Defence + Indemnity
The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not sufficient...
August 2020 - 5 min read
Case Study: Burns v. RBC Life Insurance Company
Defence + Indemnity
The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith.Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The Plaint...
August 2020 - 3 min read
Case Study: Fuller v. Aphria Inc.
Defence + Indemnity
The Ontario Court of Appeal reiterated its disapproval of distributive cost orders but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to the case....
August 2020 - 9 min read
Case Study: Laridae v. Co-operators
Defence + Indemnity
An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC 219...
August 2020 - 5 min read
Working from Home: Beyond the COVID-19 Pandemic
In March 2020, the world shifted and many employees had to adapt to working from home. Now several months on, many employees are hoping to make this arrangement permanent. Having your employees work from home may benefit and be feasible ...
August 2020 - 3 min read
Stress-Testing Your Asset and Corporate Structure
A tumultuous new reality has spread across the international economy. While some will weather troubled times well, or even profit from them, others will experience a more negative impact. Competent financial planners will consider different scenarios t...
July 22, 2020
Field Law Community Fund Offering $60,000 in Community Grants
Local support towards community organizations struggling with COVID-19 pandemic
FOR IMMEDIATE RELEASE JULY 22, 2020 - Field Law, a western and northern regional law firm, has opened applications for its Field Law Community Fund Program (the Program), which will distribute $60,000 in grant funding between Northern Alberta, Southern...
July 30, 2020
Regulatory Reform Comes to Alberta
Webinar
Join Field Law’s professional regulatory lawyers and your colleagues from other health regulators for a free webinar on July 30 from 4:00 PM - 5:30 PM. Alberta Health’s discussion paper “Proposals to Amend the Health Professions...
July 2020 - 4 min read
Upcoming Clarifications to Contractual Good Faith
Last December, the Supreme Court of Canada heard two appeals concerning contractual good faith issues. The first involved an appeal of the British Columbia decision Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BC...
July 2020 - 4 min read
COVID-19 and the Impact on the Cannabis Industry
Keeping Up With Cannabis
Cannabis retail outlets, producers, manufacturers, distributors and warehouses were deemed to be essential services by the Alberta Government on March 30, 2020. As a result, cannabis businesses and services can and have continued to serve Albertans thr...
July 23, 2020
Coffee + Counsel: Mitigating Risk as Employees Return to Work
Q+A Session
Field Law presents a new series that brings together you and a few of our lawyers for an unscripted chat about legal issues. Your questions guide the discussion, and we provide our legal perspectives. As businesses open up again, and employees retur...
July 2020 - 4 min read
8 Tips for When the Bank Calls
It is no secret that, due to COVID-19 and the collapse in oil prices that many companies in Alberta are in financial distress.  While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreadi...
July 2020 - 1 min read
Update: Proposed Changes to the Canada Emergency Wage Subsidy (CEWS)
UPDATE: Bill C-20 passed Royal Assent on July 27, 2020. As a result, the changes to the Canada Emergency Wage Subsidy program, described in detail below, came into force on July 27, 2020. On July 17, 2020, the Canadian government proposed changes to...
July 2020 - 5 min read
Highlights of Bill 32: Restoring Balance in Alberta’s Workplaces Act
Workwise Newsletter
UPDATE: Bill 32 passed Royal Assent on July 29, 2020. As a result, the changes to the Employment Standards Code and the Labour Relations Code, described in detail below, will begin to come into force. The now passed legislative amendments com...
July 2020 - 38 mins
Is Your Condo Safe + Secure?
Presentations
CCI Webinar
July 2020 - 1 min read
Bill 30: Increased Public Participation in Professional Regulation
On Monday, July 6, 2020, the Government of Alberta tabled Bill 30, the Health Statutes Amendment Act, 2020. This proposed legislation amends a number of existing Acts, including the Alberta Health Professions Act. The Health Professions Act e...
July 8, 2020
WFH: Policies + Considerations Beyond the Pandemic
Webinar
The COVID-19 pandemic forced many employers and their employees to abruptly adopt work-from-home arrangements. Although the relaunch of the Alberta economy is underway, employers and employees have become accustomed to remote work and “Zoom&rdquo...
July 7, 2020
Privacy for Health Care Organizations: What Has Changed and What Hasn’t?
Webinar
Health care organizations have had to adapt quickly during the COVID-19 pandemic. In addition to managing an unknown disease and focusing on patient care, day to day operational life has changed- videoconferencing, fit for work screening, and liab...
June 2020 - 2 min read
Bill 24: A Further Extension of the Temporary Layoff Period to 180 Days
As we reported in April, the Government of Alberta previously announced an extension of the temporary layoff period in Alberta’s Employment Standards Code (the “Code”) from 60 days to 120 days.Recently, the Government of Alberta intro...
June 2020
2020 Field Law Community Fund Program - Now Open
Over the last seven years the Field Law Community Fund Program has awarded funds to support 96 organizations and charitable initiatives throughout Alberta and the Northwest Territories. With $550,000 donated in support of these local charities to date,...
June 2020 - 3 min read
Disruptive Behaviour is a No-No!
Perspectives for the Professions
The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct. The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians and...
June 25, 2020
How Amendments to the MHSTA Impact Landlords of Manufactured Home Communities
Webinar
Enforcing rental arrears and other tenant breaches under a Lease are an important aspect of a Landlord’s business and recently proclaimed amendments to the Mobile Home Sites Tenancies Act are going to have a direct impact on how Landlord’s ...
June 2020 - 4 min read
Bill 21: An Act to Protect Patients from Past Conduct of Health Care Professionals
Perspectives for the Professions
On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA&rd...
June 2020 - 2 min read
CERB Extension – What Does This Mean for Employers?
The Federal Government recently announced an extension to the Canada Emergency Relief Benefit (CERB). The program, set to expire at the end of June, will now be available to support Canadians unable to work due to the COVID-19 pandemic till the end of ...
June 2020 - 6 min read
Ready for Re-Launch! – Practical Advice for Employer “Return to the Workplace” Planning Amidst COVID-19
As endless as these past few months have seemed, it was not so long ago that most workplaces had to abruptly wrestle with how to scale down and make sometimes drastic changes to the way that their work gets done in the face of the COVID-19 pandemic. Wh...
June 2020 - 2 min read
What to do When an Employee Resigns after Being Recalled to Return to Work
Employers Asked, We Answered
As restrictions begin to lift, many employers are recalling employees from temporary layoff. In some cases, employees are responding to the request to return to work by resigning. As a result, many employers are wondering whether they are complicit in ...
June 2020
Return to Play – Legal Considerations
As we begin to find a new normal and economies undergo the re-opening process, the return of amateur sports is now emerging on the horizon.  This is a happy development that will have a profound positive impact on the physical and mental health of...
June 10, 2020
Condominium Quicksand
Presentations
Edmonton Real Estate Investors Assoc - ZOOM Series
June 2020
A Provincial Twist on the Emergency Suspension of Limitation Periods
Canadian Underwriter
June 2020 - 9 min read
Case Study: Arconti v. Smith
Defence + Indemnity
Courts are granting opposed orders for video hearings, including discoveries by video conference as necessary in the modern age, especially in light of restricted court operations due to the COVID-19 pandemic.   Arconti v. Smith, 2020 ONSC 27...
June 2020 - 7 min read
Case Study: Grossman v. Nissan Canada
Defence + Indemnity
An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...
June 2020 - 6 min read
Case Study: Mann v. Jefferson
Defence + Indemnity
The Court set out how to analyze whether or not the exacerbation of pre-existing injury would exceed the minor injury threshold under Ontario legislation, which provides guidance for the same issue under Alberta’s minor injury cap. Mann v. Jeffe...
June 2020 - 7 min read
Case Study: G&G Oil Co. of Indiana v. Continental Western Insurance
Defence + Indemnity
The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...
June 2020 - 11 min read
Case Study: WM Morrison Supermarkets plc v. Various Claimants
Defence + Indemnity
An employer may be vicariously liable for a data breach caused by the tort of an employee depending on the circumstances.WM Morrison Supermarkets plc v. Various Claimants, 2020 UKSC 12, per Lord Reed rev’g 2017 EWHC 3113 (Q.B.) and 2018 EWCA Civ ...
June 2020
Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”
Real Estate Blog
May 2020 - 4 min read
Virtual Witnessing of Wills in Alberta Not so Clear
In Alberta, as in most other provinces, generally wills, powers of attorney and personal directives need to be signed and witnessed in person for the documents to be legally valid.  Our wills legislation allows certain departur...
May 2020
The Limits of Insurance Coverage in a Pandemic
CBA National Magazine Online
May 2020 - 1 min read
Remote Witnessing of Wills, Enduring Power of Attorneys, and Personal Directives Arrives in Alberta
Alberta’s Ministry of Justice and Solicitor General has announced a process for remote witnessing and signing of wills, enduring power of attorneys, and personal directives during this time of public emergency. Temporary amendments have been...
May 2020 - 4 min read
The ABTraceTogether App - Key Privacy Considerations
In a bid to help combat the spread of the novel coronavirus (COVID-19), Alberta has become the first Canadian province to launch a contact tracing app to track community transmission of COVID-19.Alberta released the app, ABTraceTogether, on May 1, 2020...
May 2020 - 2 min read
Employees are Afraid to Return to Work. Now What?
On May 13, 2020 we hosted a webinar about pandemic-related work refusals as Alberta and other governments enable businesses and other organizations to reopen and call employees back to work. The most frequently asked question was: What do I do with an ...
May 2020 - 5 min read
Returning to Campus During a Pandemic: Privacy Issues
This week, as this article went to press, several major Canadian and American universities announced plans to maintain classes online when the fall semester starts in September. Other universities and colleges are making plans to bring students ba...
May 2020
Cybersecurity in the Age of COVID-19 (And Beyond)
May 13, 2020
We said “Back to work!” They said “We refuse!” Now what?
Webinar
The Alberta government announced its "safely staged COVID-19 relaunch" and you’re thinking it’s time to call your laid-off or working-from-home crews back to work. Or you’re carrying on providing essential services and the &...
May 7, 2020
Professional Regulatory: Roundtable
What do you want to know? Version 2.0
´╗┐Professional regulators continue to adapt to the COVID-19 pandemic while their public interest mandates carry-on.   Field Law’s Professional Regulatory group will host a virtual lunch time roundtable discussion focusing on a few of ...
April 2020
Case Summary: MDS Inc. v. Factory Mutual Insurance Company
Defence + Indemnity
An Ontario court held that under an all-risk policy the “physical damage” requirement for coverage may be met by a loss of use, which may have some application for COVID-19 business interruption claims. MDS Inc. v. Factory Mutual Insurance...
April 2020
Case Summary: Li c. Equifax Inc.
Defence + Indemnity
A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses.Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S. Fa...
April 2020
Case Summary: Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company
Defence + Indemnity
For an auto insurer to have any place in the priority list of insurers in a rental/leased car situation, its policy must provide coverage to a relevant insured. Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company...
April 2020
Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
Defence + Indemnity
For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especi...
April 2020
Will the Pandemic Impact Trademarks in Canada? - An Update
With the significant disruptions to civil society, Canadian business owners face a host of immediate concerns. Trademarks and intellectual property are naturally lower on the list, and brand owners should take some comfort that there’s a bit of b...
April 2020
Field Law Lawyers ranked in the 2020 Legal Lexpert® Directory
Field Law is pleased to be listed in the 2020 Legal Lexpert® Directory, with 13 lawyers ranked. The following lawyers have been ranked: Chelsey Bailey - Medical Negligence Roy Boettger, QC - Estate + Personal Tax Planning Jim Case...
April 2020
The Liability of Long-Term Care Facilities: COVID-19’s Projected Impact
Canadian Underwriter
May 2020
Priority Among Insurers in an Alberta Rental/Leased Vehicle Claim
Canadian Journal of Insurance Law
April 2020
Signing Contracts in a Distanced World
When many people think of signing a contract, the traditional picture is a meeting, a pen and paper, and handshakes at the end. With current social and physical distancing protocols in place, all of these traditional images are jarring. Now, every...
April 22, 2020
Lay-offs vs. Canada Emergency Wage Subsidy: Pros + Cons
What are the best options for your organization now, during the pandemic, and post-pandemic? The response to COVID-19 has resulted in a shut-down of the economy. While the operating costs for organizations have remained, revenues have dropped dramat...
April 2020
The Nuts + Bolts of the CEWS for Employers
As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, sp...
April 2020
Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim
Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the ca...
April 15, 2020
Navigating Business Interruption Claims Due to COVID-19
Webinar
COVID-19 will result in a big surge in business interruption claims. Get ahead of the curve by getting up to speed on the key issues you will need to know to deal with those claims. Presented by Mike Doerksen and Angela Beierbach, this webinar will pro...
April 2020 - 4 min read
Suspended: Condo Time Frames and Rights of Entry
Real Estate Blog
April 2020
Roadmap for Employers Navigating COVID-19
Has your company experienced a decrease in work due to COVID-19? Download our comprehensive roadmap to explore the options you have for assistance as well as other frequently asked questions.
April 2020
Eight Things to Know About the Canada Emergency Wage Subsidy
The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020.   On April 11, 202...
April 2020
UPDATE: Alberta Limitations Under the Insurance Act
On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19. We noted that certain statutes were not included in the suspension order including the Insurance Act. Fiel...
April 2020 - 2 min read
No Contractors Allowed: Court Calls Condo Matter “Urgent”
Real Estate Blog
April 2020
Temporary Changes to Alberta Employment Standards Legislation
On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time. What we know about the changes so far, and their po...
April 2020
Ontario Court to Consider Whether a Will can be Witnessed Online
Globe and Mail
April 2020 - 8 min read
Tackling COVID-19 and Minimizing Risk: Considerations for Alberta Condominium Corporations
Real Estate Blog
April 2, 2020
Business Interruption Claims Due to COVID-19
As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be loo...
April 1, 2020
Privacy + Data Management Considerations for Employers in a Pandemic
Webinar
During a pandemic it can be difficult to balance employee privacy rights with the need to collect the information required to make critical decisions. Presented by Katrina Haymond and Kelly Nicholson, this webinar will provide employers with informatio...
April 2020 - 3 min read
Strings Attached
Up Here Business Magazine
Ottawa has unveiled pandemic financial support. That’s good news for struggling businesses. But remember: there’s no such thing as free money. Pay close attention to your obligations before accepting the help. As you’ve likely hear...
April 1, 2020
UPDATE: What Does the 75% Wage Subsidy Mean for Employers?
The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided: The Subsidy is available to companies (including partnerships and sole p...
March 31, 2020
COVID-19: Force Majeure Clauses in Business Agreements
Webinar
Learn about force majeure clauses, and why context is important in interpreting how it might apply to your commercial contracts. Presented by Cameron Hughes and Richard Stobbe, this webinar will review the concept of “frustration” of contra...
March 2020
This Just Tweeted… US Immigration Updates based on COVID-19
Whether you saw it as a tweet or during a press conference over the weekend, President Trump announced that all social distancing must continue for Americans for at least another month, if not longer. While this isn’t the first or last update on ...
March 2020 - 2 min read
A Question of Priorities (If You Want to Administer an Estate)
Appointing a personal representative is one of the first substantive things addressed in a Will and one of the key choices a person can make with respect to their estate plan. When a person dies without a will, someone must apply to the Court to obtain...
March 27, 2020
What Does the 75% Wage Subsidy Mean for Employers?  
On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wag...
March 2020
Virtual Workplace: Employers Can Rely on Electronic Employment Records
Recent changes in legislation permit Alberta employers to use electronic signatures and maintain electronic employment records. These legislative changes are particularly helpful as employers navigate increasingly common work-from-home arrangements and...
March 2020
Patent Issues under Canada’s COVID-19 Emergency Response Act
The Federal Government’s COVID-19 Emergency Response Act contains certain amendments to the Patent Act that permit the Federal Government to authorize anyone to “make, construct, use and sell a patented invention to the extent necessar...
March 25, 2020
Your Guide to the Federal COVID-19 Aid Legislation
Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19. Part of Bill C-13 brou...
March 2020
COVID-19 + The Duty to Report
Perspectives for the Professions
On March 17, 2020, Alberta declared a state of public health emergency “due to pandemic COVID-19 and the significant likelihood of pandemic influenza”.While in the normal course, a patient’s right to privacy is paramount, in the face ...
March 2020 - 4 min
The Force Majeure Hit List – 7 Things You Need to Know
The COVID-19 Pandemic has unprecedented and wide-spread impact on commercial obligations. Many business relationships are being disrupted or suspended, and many business deals are delayed or completely cancelled. The global lock-down has...
March 2020
Construction Claims and COVID-19: What is Still Available?
The status of what businesses can remain open, in what capacity, and with access to whom, is ever-changing in the midst of the COVID-19 pandemic. For ongoing construction projects, or those for which a party has recently performed work, ...
March 2020
COVID-19 and Construction Contract Performance: Frustration When you Don't Have a Force Majeure Clause
The ongoing impacts of the COVID-19 pandemic will likely have many parties looking at their ongoing and future contractual obligations. In the construction context, many contracts will include a force majeure provision outlining what happens when contr...
March 2020
Key Cross-Border Points for Canadians to Consider at this Time
Things are changing every day in the wake of COVID-19. Unanticipated consequences have begun to cause a fury of questions and unknowns.  The below aims to address both the immigration and tax concerns as it relates to those with assets and ties to...
March 19, 2020
New Federal Support for Employees + Employers
As part of a new $82 billion spending package, the federal government today announced that approximately $27 billion would be directed to support for employers and employees affected by the COVID-19 situation. Parliament could be recalled as early as n...
March 18, 2020
UPDATE: Alberta Government Announces Details of COVID-19 Leave
On March 16, 2020, Field Law reported on the Alberta government’s plans to amend the Employment Standards Code to allow employees who are required to self-isolate or care for a family member with COVID-19 to take 14 days of paid leave to cover th...
March 2020
Convening a Condominium AGM Amid Concerns over COVID-19?
Real Estate Blog
March 17, 2020
Field Law - Remote Working  
As the impact of the coronavirus (COVID-19) continues to rise, we are writing to update you on the steps Field Law is taking to ensure the well-being of our employees, clients, and our community. We continue to monitor updates from Alberta Health Servi...
March 16, 2020
COVID-19: An Update for Employers
Changes to Alberta’s Employment Standards Code and an Updated Employer’s Guide to Managing Pandemics in the Workplace
While the risk of contracting COVID-19 in Alberta and the Northwest Territories remains low, the situation is fluid and changing quickly. As a result, employers worldwide are balancing the steps necessary to lessen the effects of COVID-19 with continui...
March 2020
Sticky Situation: Sticky Note Will Accepted by Alberta Court
While our office remains open during the escalating global coronavirus (COVID-19) situation in Alberta, we have taken steps to minimize the potential impact of the virus in accordance with our firm’s business continuity plan and th...
March 13, 2020
Field Law - Response to the Coronavirus (COVID-19)
As the global coronavirus (COVID-19) pandemic continues to unfold, Field Law has taken steps to minimize the potential impact of the virus. As of March 12, all our offices (Calgary, Edmonton and Yellowknife) remain open and fully functioning.  In...
March 2020
Copyright is Great… But it Has its Limits
Proline Pipe, an Alberta company, created certain design drawings for pipe bending machines. A former employee took those drawings with him when he left the company. A rival company obtained copies of the drawings and manufactured the pipe bending mach...
March 2020
Alberta Court Rules Airbnb Rentals are like Hotels, Makes it easier for Condo Boards to Ban Them
Globe and Mail
February 2020
Regulation of Short-Term Rentals Still To Be Decided
Real Estate Blog
February 2020
Bill 3 - Proposed Amendments to the Mobile Home Sites Tenancies Act
On February 26, 2020, the Government of Alberta tabled Bill 3: Mobile Home Sites Tenancies Amendment Act, 2020. When passed, this Bill will change the current dispute resolution regime for mobile home disputes. Currently, all disputes relating to ...
February 2020
Case Summary: Yenovkian v Gullian
Defence + Indemnity
The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J. Facts + Issues ...
February 2020
Case Summary: R v Badrudin
Defence + Indemnity
An insured’s statement to his fire insurance adjuster as required by the policy’s statutory conditions is inadmissible in criminal proceedings against him because it is a statutorily compelled statement.R. v Badrudin, 2019 NLSC 187, per Tho...
February 2020
Case Summary: Malcolm Silver & Co. Ltd, et al. v State Farm Fire and Casualty Company
Defence + Indemnity
The Court held that a fraudster’s unauthorized use of the insured’s online banking system to make payments against her own credit card debts did not qualify as forgery or alteration under the terms of the policy in question.Malcolm Silver &...
February 2020
Just Horsing Around: When Off-Duty Conduct Becomes Cause to Terminate
Workwise Newsletter
The ever pertinent question of when off-duty conduct will constitute just cause dismissal was recently considered by an arbitration board in Prince Edward Island (Canadian Union of Public Employees v A Nursing Home Inc.). An individual was termina...
February 2020
“False Light” Publicity: A New Risk in Data Management
Canadian courts have traditionally been more reluctant than their American counterparts to recognize torts relating to privacy interests. The American Law Society adopted the following four torts protective of individual privacy some time ago in its we...
February 2020
Big Beer Barley Belt Brand Battle Brews
In a story that seems tailor made for alliterative headlines, the recent acquisition of Calgary’s Banded Peak Brewing by Labatt Breweries of Canada has raised questions about the fate of the trademark BARLEY BELT.  Banded Peak Brewing a...
February 6, 2020
Year in Review: Important Professional Regulatory Cases of 2019
Webinar
Learn about the most important professional regulatory court cases of 2019. What are the key legal trends? What are the strategic and operational implications for regulators? This webinar will be presented by James Casey, QC and Leanne Monsma of Field ...
February 2020
Access to Information and Privilege: The Saga Continues
The Alberta Court of Queen’s Bench has provided some much-needed guidance on solicitor-client privilege in the context of access to information requests in Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2020 ...
February 2020
An Employer’s Guide to Managing the Coronavirus in the Workplace
Alert
While the public risk associated with the Coronavirus in Canada is still considered low, employers should prepare antidotes for the various workplaces issues that arise in the wake of large-scale threats to health. Below are some frequently asked quest...
January 28, 2020
How to Protect Your Business Against Cyber Threats
In 2010 the Government of Canada “launched a national effort to defend against [cyber security] threats with Canada’s first Cyber Security Strategy”: National Cyber Security Strategy (the National Strategy). This outlines three t...
January 2020
When a Door in the US Closes, Another in Canada Opens
Immigration Alert
It is not news to anyone that travelling to the US or obtaining a legal US work permit has been increasingly difficult over the last few years. Under the current administration, there have been extensive procedural and policy-related changes which ofte...
Winter 2020
2019 - A Year in Review Seminar Series
Seminars
Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou...
January 2020 - 3 min read
Who You Gonna Call (As a Witness)?
Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live wit...
January 2020
The Annotated Health Professions Act
Published by Thomson Reuters
Written by James Casey, KC, Katrina Haymond, Greg Sim and Jason Kully, The Annotated Health Professions Act is written for both lawyers and members of professional regulatory associations and provides an overview of Alberta’s Healt...
January 2020
Click-Through Agreements
January 2020
Click-Through Agreements
IP Blog
Sierra Trading Post is an Internet retailer of brand-name outdoor gear, family apparel, footwear, sporting goods. Sierra lists comparison prices on its site to show consumers that its goods are competitively priced.Chen, the plaintiff, sued Sierra, cla...
January 2020 - 3 min read
What's Your Business
Up Here Business Magazine
Entrepreneurs have options when it comes to choosing the legal structure for their business. All have advantages and disadvantages. When it comes to making your choice remember: One size does not fit all. A question I am frequently asked is, what bu...
January 2020
Field Law Announces Four New Partners
The Firm welcomes Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu to its partnership.  Field Law is pleased to welcome Trevor Batty, Jennifer Marshall, Scott Matheson and Marc Yu as partners of the Firm. The addition of four lawye...
December 2019
2019 Field Law Post-Secondary Summit Recap
The fourth annual Field Law Post-Secondary Summit was held on November 28 in Calgary and was co-chaired by Frank Molnar, KC and Greg Harding, KC. Brief summaries of the presentations given at the Summit are provided below. Innovative Governance During...
December 2019
Cutting the Red Tape: New Condo Regulations coming to Alberta January 1, 2020
Real Estate Blog
December 20, 2019
Recent Court Ruling Limits Airbnbs in Condos
Presentations
Calgary's Business
December 2019
Cross-Border Workforce Trends in 2020
Workwise Newsletter
As we approach 2020, employers have increasing options for bringing skilled workers into Canada, while opportunities for employees to head south, to the United States, are increasingly limited. Field Law's Immigration Group projects three trends to...
December 2019
Case Summary: Sanderina, LLC v Great American Insurance Company
Defence + Indemnity
An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand...
December 2019
Case Summary: Goodvin v Penson
Defence + Indemnity
Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master Facts + Issues The Defendants Russell and Shell...
December 2019
Case Summary: Bourbonnière v Yahoo! Inc.
Defence + Indemnity
Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ...
December 2019
No Life After Death: Woman Loses Battle to Use Deceased Husband’s Sperm
Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...
December 13, 2019
The Winds of Change in Professional Regulation are Approaching Gale Force
On November 27, 2019, the British Columbia Ministry of Health Steering Committee on Modernization of Health Professional Regulation released a report titled “Modernizing the provincial health profession regulatory framework”. The report ann...
December 2019
Case Summary: Brooks v Nand
Defence + Indemnity
Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B...
December 11, 2019
Human Rights + Professional Regulation: What Every Organization Needs to Know
Webinar
Human rights principles can be at play in many issues faced by professional regulatory bodies. A sound knowledge and understanding of human rights concepts can ensure that regulators are carrying out their functions in a manner that respects and i...
December 2019
Another Case of Beer: Small Craft Brewers + Constitutional Battles
It seems a long way from Alberta’s basement breweries to the halls of the Court of Appeal.  But that line was connected in a long running dispute known as Steam Whistle Brewing Inc. v AGLC.  With enough reading to make any constitutiona...
December 2019
One Bad Apple:  When Can an Employee’s Bad Attitude Justify Termination?
Workwise
The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills...
October 2019
Field Law to be Named 2019 Recipient of the Law Firm Award at Upcoming Women in Law Leadership Awards
Field Law is proud to announce that it will be honoured at the upcoming 2019 Women in Law Leadership Awards with the Law Firm Award, presented by The Counsel Network and The Association of Women Lawyers.  The Law Firm Award is presented to a firm ...
November 28, 2019
2019 Field Law Post-Secondary Summit
Conferences
Join us for our fourth annual Summit to focus and collaborate on legal issues facing Alberta’s post-secondary institutions.Topics to be covered include: Innovative Governance During Challenging Times Update on Recent Labour Relations Board ...
November 2019
Buzz Kill: Cannabis Branding + Packaging Restrictions in Canada
Keeping Up With Cannabis
In the excitement of Canadian cannabis legalization, many overlooked that cannabis legislation is in fact focused on controlling the production, distribution, sale and possession of cannabis in Canada to achieve three objectives: Protect young pers...
November 20, 2019
Edible Cannabis in the Workplace
Seminars
It has been over a year since Canada legalized cannabis.  Although individuals could make cannabis food and drink for personal use under the legislation, such products were initially not able to be produced or sold commercially.  As of Octobe...
November 18, 2019
Insurance Industry Update: What You Need to Know
Seminars
Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so, how much? Why have the rules changed? Are there any benefits to providing advances? Wha...
November 7, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...
November 2019
Bill 21: Key Aspects for Alberta Employers
Alert
The Alberta government introduced Bill 21: Ensuring Fiscal Sustainability Act, 2019 on October 28, 2019. This bill proposes several legislative changes that will impact labour and employment relations in the Province and which raise various considerati...
November 2019
Bill 20 + Bill 21: Key Aspects for Alberta's Post-Secondary Institutions
Alert
On October 28, 2019 the Alberta government introduced two bills (Bills 20 and 21) which propose several legislative changes that will impact post-secondary institutions in the Province, as well as their students. The legislation has various aspects wor...
October 2019 - 2 min read
Think Leaving Equipment On Site Extends Your Lien Period? Think Again.
Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to prov...
October 2019
Get With the Times! The Alberta Court of Appeal Weighs in on Sexual Harassment in the Workplace
Workwise Newsletter
The recent case of Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 from the Alberta Court of Appeal marks an important decision on sexual misconduct in the workplace.   The City of Calgary (the “City”) ...
October 2019
Case Summary: Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd.
Defence + Indemnity
An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.  Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo...
October 2019
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim.  Na...
October 23, 2019
Alberta Legislation Aimed at Combating Domestic Violence Problematic, Say Legal Experts
The Lawyer's Daily
Brian Vail discusses Bill 17, the Disclosure to Protect Again Domestic Violence (Clare's Law) Act and the implications on society with respect to the Charter of Rights and Freedoms.
October 22, 2019
Insurance Industry Update: What You Need to Know
Seminars
The insurance issues surrounding liability for personal injury are always changing. Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so...
October 2019
Election Day Voting Rights
Alert
As most people are no doubt aware, Monday, October 21 is Election Day, and federal law requires employers across Canada to provide employees with paid time off to vote (unless an employee has already exercised the right to vote by casting an advance ba...
October 21, 2019
Field Law’s Competition for Charitable Funds Creates a Unique Pro Bono Opportunity
Canadian Lawyer Magazine
October 17, 2019
Business Succession Planning Webinar
Business succession is a principal and critical component of personal succession for owners of closely held businesses. This is a long-term, complex process that must be managed with a structured approach. Presented by Rob Worthington and J.R. Mac...
October 10, 2019
Registration Issues in Professional Regulation
Webinar
Professional regulatory organizations are responsible for assessing applications for professional licensing and applying registration requirements in a fair and transparent way. This task is made increasingly difficult by the evolving regulatory and le...
September 2019
Immunizations and Immunity Provisions: The Scope of Protection Under the Public Health Act
The Alberta Court of Appeal has issued a decision involving the interpretation of the Alberta Public Health Act, which may have broad implications on limiting liability of public bodies. Frank v. Alberta Health Services, 2019 ABCA 332 involves a medica...
September 2019
The Best Lawyers in Canada 2020
34 Fielders Recognized
Field Law is pleased to announce that 34 of our lawyers are recognized in their respective practice areas in the 14th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of leading lawyers and ...
September 26, 2019
Must Have Policies for Employers: Why, What + How
Seminars
Join Field Law in Edmonton and Calgary and learn tips and tricks to assist with the implementation and enforcement of three workplace policies Employers should have in place in today’s market.We will explore how changes in legislation and culture...
September 25, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of investment i...
September 2019
Can’t Have Your Cake and Eat it Too: No Wrongful Dismissal Damages if Disability Benefits Paid
Workwise Newsletter
In Belanger v Western Ventilation Products Ltd, 2019 ABQB 571, a Master of the Alberta Court of Queen’s Bench found that an employee who became disabled after his notice of termination was not entitled to wrongful dismissal damages because the em...
September 16, 2019
Fair Registration Practices Act:  Implications for Professional Regulatory Organizations
Seminar + Webinar
As we previously reported, on June 19, 2019, the United Conservative Party introduced Bill 11 - Fair Registration Practices Act in the Alberta Legislature. Bill 11 received Royal Assent on June 28, 2019, and will come into force on proclamation.Jo...
September 2019
Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim
The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside ...
September 2019
Lessons Learned from the Legalization of Cannabis
Conferences
RIMS 2019
July 31, 2019
Field Law Announces Northern Alberta Winners of its 7th Annual Community Fund Program
Field Law awards a total of $30,000 to six Northern Alberta organizations
EDMONTON (July 31, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Northern Alberta winners of its Community Fund Program (the Program). Field Law awarded one grand prize and five additional awards...
August 2019
City Moves to License AirBnBs and Other Short-Term Rentals
Field Law Blog
August 2019
Alberta Court of Appeal Confirms the Limitation Period for Statutory Damages Claims under PIPA
Alert
The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act applicable to a statutory claim for damages under the Personal Information Protection Act (PIPA) does not begin to run until a Commissioner&...
August 2019
Case Summary: Merino v. ING Insurance
Defence + Indemnity
The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership. An insurer wishing to get out of an auto policy for misrepresentation must terminate the policy on notice, which d...
August 2019
Case Summary: Stewart et al. v Wood et al
Defence + Indemnity
The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund, J. FACTS + ISSUES The parties settled a personal injury a...
July 2019
Cutting the Red Tape? New Condo Regulations are on Hold for Further Review
Real Estate Blog
July 2019
Fairness is in the Eye of the Beholder in the Tender Process
The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been d...
July 2019
Legal Cannabis and Alberta Condominiums
Considerations for Creating Enforceable Bylaw Amendments
The federal government recently passed Bill C-45, an act that legalized personal consumption and cultivation of cannabis in small amounts. This new law, referred to as the Cannabis Act, came into effect on October 17, 2018. In combination with newly in...
July 12, 2019
Field Law Announces Northwest Territories Winners of its 7th Annual Community Fund Program
$15,000 to be distributed between three organizations
YELLOWKNIFE (July 12, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Northwest Territories grand prize winner and two additional recipients of its Community Fund Program (the Program).The Kole Cro...
July 2019
Reality Check: Can You Contract Out of Being an Employer?
Workwise Newsletter
With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally tips in favour of the employer. Employers are responsible for providing training and supervision to employees, c...
July 4, 2019
Field Law Announces Southern Alberta Winners of its 7th Annual Community Fund Program
$30,000 to be distributed between five organizations
CALGARY (July 4, 2019) – Field Law, a western and northern regional business law firm, is pleased to announce the Southern Alberta grand prize winner and four additional recipients of its Community Fund Program (the Program).The Calgary Women'...
July 1, 2019
Field Law Announces New Managing Partner
Jeremiah Kowalchuk elected as Managing Partner effective July 1, 2019
EDMONTON/CALGARY (July 1, 2019) – Field Law is pleased to introduce Jeremiah Kowalchuk as Field Law’s Managing Partner for a three-year term commencing July 1, 2019.Jeremiah is experienced litigation counsel, having represented medium-to-la...
June 2019
Bill 11 – Fair Registration Practices Act
Alert
As noted in our previous alert, the United Conservative Party’s election platform included a promise to pass a Fair Access to Regulated Professions and Compulsory Trades Act, modelled on similar legislation adopted by the Province of Ontario in 2...
June 2019
Public Communications That Do Not Cross the Line: Dealing with Claims of Defamation
Perspectives for the Professions
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician’s defamation claim against his regulator, his employer, and the government, should be dismissed as a result of the defences of truth and qualified pr...
June 2019
Changing the Health and Safety Culture
Business in Calgary
May 2019
Human Rights Tribunal Renders Landmark Costs Award Against Complainant
Workwise Newsletter
In Facey v Bantrel Management Services Co., 2019 AHRC 4 the Alberta Human rights Tribunal made a watershed costs award against a complainant. Tribunal Chair Langlois-Klassen acknowledged in her decision that costs should only be awarded against a compl...
May 2019
New Canadian Drone Regulations
Effective June 1, 2019, Transport Canada has new rules for flying drones in Canada. These new regulations hope to enhance predictability for businesses and improve the safety from drone operations relating to aviation and the Canadian public. &nbs...
May 2019
Heads Up: Labour + Employment Laws Are Changing Again
Alert
On Monday May 27, the UCP-led Government of Alberta introduced Bill 2: An Act to Make Alberta Open for Business. Bill 2 passed its first reading and is aimed at reversing some of the legislative changes made by the NDP during its time in government. If...
May 2019
What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened
Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of tho...
May 2019
Use of Restrictive Covenants in Residential Developments
Newsletter
Restrictive covenants operate outside of – and in addition to – municipal zoning bylaws. The obligations associated with restrictive covenants “run with the land” and are binding on any future buyer of the property.Historically,...
May 2019
Craft Beer Trademarks: The Ol’ Cease & Desist
Local Alberta breweries Elite Brewing (visited, love the carbon fibre bar) and Bow River Brewing have been on the receiving end of a cease and desist letter from the City of Calgary over a beer label for Fort Cal...
May 23, 2019
Practical Considerations for the Investment Income Rules for Private Companies
Seminars
Canadian private companies have seen much newsworthy tax reform in recent years. Changes to the tax rules on investment income earned by Canadian-controlled private corporations (CCPCs) result in various pitfalls where there is more than $50,000 of inv...
May 2019
Estate Planning for Privacy
The Supreme Court of Canada may soon be considering the intersection between estate and privacy law as well as the public policy behind the “open court” principle.  The personal representatives of the estates of murdered Canadian billi...
May 2019
New Challenges to Free Speech on Campus
Alert
Last week the new provincial government announced its intention to require Alberta post-secondary institutions to enact policies about free speech on campus. While no specific proposals were released, and the Minister of Advanced Education said he inte...
May 2019
Act On Your Legal Obligations to Avoid Post-Death Disputes
A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligati...
May 29, 2019
Understanding Financial Statements with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: The types of financial statements that a lawyer and or adjustor will be provided in suppo...
May 2019
Update on Cannabis
Conferences
AAIA Convention
April 24, 2019
Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math
Client Events
The Women's Intellectual Property Networking Group of the Intellectual Property Institute of Canada presents:Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math    Date: Wednesday, Apr...
April 3, 2019
Staying Current with Auto Liability Claims in Alberta
Seminars
Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing:  Reserving Rights and Alberta Auto Coverage Defences  An overview of the major types of coverage defences of the auto insurer under Alberta's stand...
April 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 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 2019
New Alberta Case Law
Seminars
Alberta Insurance Institute
February 2019
Case Summary: Enterprise Rent-A-Car v Intact Insurance
Defence + Indemnity
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r...
February 2019
Case Summary: Modisette v. Apple Inc.
Defence + Indemnity
In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...
February 2019
Did You Sell Your Home in 2018? What You Need to Tell the CRA
Real Estate Blog
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 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 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 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
Tick-Tock Goes the Lien Clock
Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, ...
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 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, KC and Kim Precht...
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 bet...
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: 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 ...
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.Dion v Security National Insurance Company, 2018 ABPC 242 FACTS AND ISSUES: The Plaintiff Dion was in...
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.  Layes...
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...
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
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...
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 Context  A “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in th...
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 2018
Freedom of Speech + Professional Discipline: Striking the Balance
Perspectives for the Professions
In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professiona...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
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...
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
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: 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...
August 2018 - 13 min read
Six Circles of Hell: Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim
Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy...
July 2018
Consequential Consequences: Contractually Excluding Damages for Lost Profits
Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situation...
June 2018
Probate for Paddington: Michael Bond, CBE (1926-2017)
One year ago, Michael Bond, CBE the creator of the beloved literary character, Paddington Bear, passed away in London, England at age 91. Though I recall seeing snippets of Paddington Bear on the television when I was young, I never actively watched th...
June 2018
Pay Attention to What You Pay For
It is fairly rare for judges to directly criticize lawyers in written decisions relating to estate matters, at least in my experience. When I do run across it, it sends a strong signal because there is usually an important lesson in the criticism. The ...
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
A Star Extinguished: Anton Yelchin (1989-2016)
Two years ago to this day, a promising young actor's life was cut short by a tragic accident at his Los Angeles home. Anton Yelchin, age 27, was killed in his driveway when his SUV rolled back and pinned him against his security fence and mailbox. ...
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 ...
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, KC and Gregory Sim of the Field L...
April 2018
Is Spousal Support Available After Death?
Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support. Stalzer ...
March 2018
Rolling the Dice on Costs of Estate Litigation
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s...
March 2018
Mo’ Money, Mo’ Administration
Today marks the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death ...
March 2018
Double Duty: Executors’ Tax Filing Obligations
If you dread doing your own taxes, then think twice about becoming an executor of an estate. One of the core duties of a personal representative is to deal with the deceased’s taxes. In Alberta, the duty is contained right in the Surrogate Rules,...
February 2018
You May Have to Keep Your Promises
Some people are good for their word. Others are not. Depending on the circumstances, a promise you make may not be legally enforceable. However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judg...
January 2018
An Unconscionable Bargain
Generally speaking, the law will not protect you from making a bad bargain. However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may ...
January 2018
The Blockchain Patent Gold Rush
The blockchain technology underlying BitCoin and other cryptocurrencies was originally designed and conceived as an open protocol that would not be owned by any one centralized entity, whether government or private. Just like other foundational pr...
January 2018
North of 60 Series: Estate Administration in the Northwest Territories
I have been on quite the hiatus since last year!  I apologize – I have found that a wills and estates practice inevitably ramps up in the last month of the year on both the planning and litigation sides and last December was no exception. I...
January 2018
Contractor Know Thyself: If You Don’t, You May Lose Your Lien
Builders' liens are "creatures of statute". A builders' lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory frame...
January 2018
Fatal Errors: The Small Mistakes That Can Have a Big Impact On Your Lien Claim
The scenario is a fairly common one: a contractor doesn’t get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien. It could be a typo in the name of the Owner; or it could be a failur...
December 2017
A Different Kind of Joint Problem
Parents who intend to transfer their assets into joint names with some or all of their adult children need to carefully consider that decision before implementing the transfers. A series of recent Court cases in Western Canada highlight the need f...
November 2017
The Devil is in the Drafting: Is an Estate Entitled to Spousal Support Payments?
The recent Alberta Court of Queen’s Bench decision in Marasse Estate (Re), 2017 ABQB 706 is yet another reminder that drafting legal documents must be done carefully and with a view to their long-term effect. The main issue in this case was wheth...
November 2017
It’s Your Funeral, but Who Calls the Shots?
If you have a will, you may have spelled out your detailed wishes for your funeral in the document. Would you be surprised to know that your personal representative does not have to follow them? You may have also heard that funeral expenses g...
November 2017
My Last Will and Textament
What would you look for in a document to determine if it was a legally valid will? An Australian man’s estate recently made headlines when the Queensland Supreme Court admitted an unsent text message into probate as his valid last will.The d...
October 2017
(Don’t) Live Together, Love Together
A frequent area of estate litigation involves claims by adult interdependent partners against the estates of their deceased partners. An adult interdependent partner is roughly the Alberta equivalent of a common law spouse, but may include other t...
October 2017
You Can Ask for Advice and Directions
Acting as an executor or personal representative is a challenging job. A personal representative is expected to follow the terms of a will, trust document or Court order and to do so prudently and competently. Sometimes, the testator or the s...
June 2017
Define Your Children in Your Will
Clarity matters when preparing your will and estate plan in Alberta. Even a seemingly simple direction to divide your estate equally between your children may run into unexpected problems if you have a complex family structure and are not clear enough ...
June 2017
The King of Pop on Death and Taxes
Today is the eighth anniversary of the death of Michael Jackson, the undisputed King of Pop. Albertans preparing wills and estate plans should look beyond the sensational headlines about the singer’s life and the circumstances of his death a...
June 2017
US Drone Registry is Shot Down
IP Blog
In response to the proliferation of recreational drones in American skies, the Federal Aviation Administration (FAA) introduced a rule known as the “Registration Rule” in 2015. The rule required drone owners to register their drones with th...
June 2017
Copyright in Seismic Data is Confirmed
IP Blog
In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in...
May 2017
Copyright Infringement on a Website: the risks of scraping and framing
IP Blog
If photos are available on the internet, then… they’re free for the taking, right?Wait, that’s not how copyright law works? In the world of copyright, each original image theoretically has an “author” who created the imag...
April 2017
Defamation with the Click of a Mouse: Assessing Damages
In the midst of a challenging period for a condominium owners association in a property located in Costa Rica, the president of the association resigned in frustration. Someone had overheard a rumour that the president resigned because he had been accu...
April 2017
Patent Infringement for Listing on eBay?
A patent owner notices that knock-off products are listed for sale on eBay. The knock-offs appear to infringe his patent. When eBay refuses to remove the allegedly infringing articles. The patent owner sues eBay for patent infringement, claiming that e...
March 2017
Canadian Copyright & Breach of Technological Protection Measures (TPMs): $12.7 million in Damages
It’s always exciting when there’s a new decision about an obscure 5-year old subsection of the Copyright Act! Back in 2012, Canada changed its Copyright Act to try and drag it into the 21st century. Among the 2012 changes were provisions to...
March 2017
Interim Canadian Drone Rules Launched
As the recreational and commercial use of drones expands, the calls for a regulatory framework have grown louder. The Canadian federal government has, until last week, taken the simple approach of prohibiting the use of UAVs: “No person shall ope...
March 2017
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...
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...
Professional Regulatory Webinar: Tips + Traps for Hearing Tribunal Members
Field Law Attendee Confirmation
  Field Law would like to confirm how many people are planning to watch our webinar. **Group pricing is available to attendees from the same business or organization watching the webinar together in the same room** W...
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