Litigation Overview Experience People News + Views + Events Client Guides Client Stories Field Law has a multifaceted background in providing advice and counsel within all areas of litigation. We represent clients before all levels of court in Alberta as well as the Federal Court and the Supreme Court of Canada, and before a wide variety of tribunals, boards and commissions.
Sometimes, clients face disputes where immediate action is crucial. Waiting for the usual legal process could result in irreparable harm, or the other side might be pushing for injunctive relief without meeting the complex evidentiary requirements. In these high-stakes situations, with significant evidence to manage, swift and strategic action is essential. At Field Law, we understand the legal landscape, quickly identify the key facts, and use our experience and judgment to effectively protect and advance our clients' positions.
We work closely with clients to find practical and economical solutions to disputes utilizing alternative methods such as mediation, arbitration and mini-trials to resolve a wide range of legal disputes.
Field Law has a skilled and knowledgeable group of litigators who provide assistance to clients in numerous areas including:
- Alternative Dispute Resolution
- Appeals and Judicial Reviews
- Class Actions
- Commercial Injunctions
- Construction
- Corporate and Business Disputes
- Debt Recovery and Restructuring
- Estate Litigation and Dispute Resolution
- Intellectual Property
- Pensions and Benefits
- Personal Injury
- Privacy
- Products Liability
Rollingson Racing Stables Ltd v Horse Racing Alberta, 2019 ABQB 632Rollingson Racing Stables Ltd v Horse Racing Alberta, 2020 ABCA 419The Alberta Teachers' Association v Buffalo Trail Public Schools Regional Division No 28, 2022 ABCA 13Twin Creek Dairy Ltd. v. CNH Industrial Canada, Ltd., 2021 SKQB 57Appeal court decision confirming public sector pension administrator’s interpretation and application of governing pension plan legislation. Field Law represented administrator at trial and on appeal. ALIA re: Sylvia Lapaschuk and Andrew Tanasychuk Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73Harun-ar-Rashid v Royal Canadian Mounted Police (RCMP), 2019 ABQB 54KBR Industrial Canada Co v Air Liquide Global E&C Solutions Canada LP, 2018 ABQB 257Direct Horizontal Drilling Inc v North American Pipeline Inc, 2017 ABQB 653Keyland Development Corporation v Rocky View (Municipal District No 44), 2016 ABQB 735Prestigious Properties Inc v. Cold Lake Estates Inc, 2016 ABQB 632Sticks and Stones Communications Inc v. Hole's Greenhouses & Gardens Ltd, 2015 ABQB 7741126592 Alberta Ltd. v. Condominium Corporation No. 0425913 (New Cambridge Lofts), 2014 ABPC 183Condominium Corporation No. 042 5636 v. Chevillard, 2012 ABQB 131Toronto-Dominion Bank v. Suitel Canada Executive Suites Corporation, 2012 ABQB 699Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2011 ABQB 178Toronto-Dominion Bank v Suitel Canada Executive Suites, 2011 ABQB 519Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2010 ABQB 718E. Gruben’s Transport Ltd. v. Alberta Surplus Sales Ltd., 2010 ABQB 244Toronto-Dominion Bank v. Suitel Canada Executive Suites Corporation, 2010 ABQB 355Swagger Construction Ltd. v. ING Insurance Co. of Canada, 2005 CarswellBC 2127, British Columbia Supreme Court [In Chambers] re Electoral Boundaries Commission Act (Alberta), 86 D.L.R. (4th) 447, Alberta Court of Appeal May 2025 - 4 min read The Price of Appeal: A Closer Look at Cost Awards Defence + Indemnity Newsletter
The Alberta Court of King's Bench recently reaffirmed that appellate proceedings should remain efficient and cost-effective to support access to justice. Barbara Fodor, initially awarded damages for a faulty driveway installation, ... May 2025 - 5 min read Arbitral Awards Remain Enforceable Despite Pending Appeals Constructive Thoughts Newsletter
Parties to a contract can agree that disagreements get resolved by arbitration instead of through the Courts. They can also, of course, agree to resolve a dispute by arbitration regardless of what their contract says or, for that matte... May 2025 - 5 min read Stepping Stones to Settlement: Avoiding Disclosure of Settlement Discussions Constructive Thoughts Newsletter
Settlement privilege is a protective measure to encourage parties in a dispute to settle ahead of full-force litigation. Born out of public policy objectives, settlement privilege has been relied on to ensure the confidentiality of com... April 2025 - 3 min read Alberta Court Awards 45% Solicitor-Client Costs in Employment Injunction Case Workwise Newsletter
In Southwest Design & Construction Ltd v Janssens, the Alberta Court of King’s Bench awarded 45% of solicitor-client costs to the successful respondents who defended against an interim injunction aimed at restricting client s... March 2025 - 4 min read Not So Fast: When Courts Push Back on Summary Dismissal Defence + Indemnity
Summary dismissal is not appropriate when there are material facts in dispute. A full trial is essential to resolve these issues properly. Moreover, it is crucial to consider all evidence available, not merely evidence that supports a ... March 2025 - 4 min read Are You Protected? Property Owner + Property Management Strategies for Limiting Slip + Falls
Alberta’s freeze/thaw cycles create icy conditions that increase slip and fall risks for property owners, managers, and businesses. Under the Occupier’s Liability Act, multiple parties can be held responsible for accidents.... March 11, 2025 Canadian Legal Lexpert® Directory Rankings Congratulations to the 15 lawyers who have been listed in the 2025 Canadian Legal Lexpert® Directory. A special congratulations to Jason Kully and Renée Gilead for being recognized as Lawyers to Watch for 2025.Edmonton:
M... November 2024 Who Has Priority Over Adjudication Awards? Constructive Thoughts Newsletter
Westport Insurance v. BDA Inc. considers the interplay between a surety’s general indemnity agreement and an adjudication award under Ontario’s Construction Act. While noting that a surety may, in theory, have priority over... August 2024 The Best Lawyers™ in Canada 2025 Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ... July 2024 - 4 min read Fore! The Perils of Procrastination
The case of Hourie-Peebles v. Dinosaur Trail Golf underscores the importance of timely legal actions. Martha May Hourie-Peebles' personal injury claim was dismissed due to inordinate and inexcusable delays, which significantly prej... July 2024 - 6 min read First Court Decision Interpreting New Streamlined Trial Rules in Alberta
In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employer ... June 2024 - 7 min read Don’t Hold Me To It! Where Contractual Intention Overrides Statutory Conditions Constructive Thoughts Newsletter
This case highlights that prudency when drafting or agreeing to an exclusion clause in a purchase agreement is critical. Wording isn’t everything - a court will analyze each party’s intentions and the facts surrounding the ... June 2024 - 4 min read Truth on Trial: The Impact of Unreliable Expert Witnesses
The Ontario Court of Appeal case R v Hason highlights the critical issue of unreliable expert testimony. The conviction of Richard Hason was influenced by the testimony of Dr. Scott Woodside, whose credibility was later questioned due ... May 2024 - 4 min read Judge, Jury + Mediator: The One-Stop Shop of Binding JDR In the landscape of legal dispute resolution, binding judicial dispute resolution (binding JDR) presents a compelling alternative to traditional litigation, merging judicial authority with the flexibility of mediation. This method is particularly benef... 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... 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 ... August 2023 The Best Lawyers™ in Canada 2024 42 Lawyers Recognized Field Law is pleased to announce that 42 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 - 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 ... 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... 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... 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 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.
... 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 - 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 ... 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... 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... 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 - 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... 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... 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 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 ... 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... 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 - 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... 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... 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 ... 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 ... 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... ALIA re: Silvia Lapaschuk and Andrew Tanasychuk
- Where we began: As defence counsel, we frequently face allegations that paint a negative picture of the defendant even though there is a good defence. In one such case, the plaintiff was convinced the defendants had defrauded an elderly relative. The relative, who could not read or write, sold land to the defendants for much less than market value, soon before his death.
- Our approach: Our strategy was to focus on the defendants’ good character and relationship with the landowner before the land transfer. In Questioning, the defendants revealed themselves as kind people who would not take advantage of the landowner.
- The result: Despite initial concerns about liability exposure exceeding a million dollars, we were able to settle the case without any payment, based on discontinuance without costs. We negotiated a settlement after the plaintiffs’ counsel questioned the defendants and saw for his own eyes that these were decent people, despite the nature of the allegations against them.
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