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.
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's Immigration team also regularly collaborates on litigation matters to provide one-stop service to clients with international operations.
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
- Construction
- Corporate and Business Disputes
- Debt Recovery and Restructuring
- Defamation
- Energy
- Estate Litigation and Dispute Resolution
- Indian Residential School Claims
- Intellectual Property and Technology
- Immigration
- Media
- Metis and First Nations
- Pensions and Benefits
- Personal Injury
- Privacy
- Products Liability
Field Law is proud to be recognized in The Globe and Mail’s Canada’s Best Law Firms 2022 List in the area of Dispute Resolution. 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 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 - 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 ... 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 ... 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... 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 ... 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... December 3, 2021 Civil Procedure for Legal Support Staff LESA Legal support staff play a critical role in the civil litigation process. On December 3rd, Julie Shepherd joins a group of lawyers for a live on in-person session of the Civil Procedure for Legal Support Staff presented by LESA. Click here to regi... 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... 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 ... 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... 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... 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 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. ... 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 - 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... 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 ... 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 ... April 2020 The Liability of Long-Term Care Facilities: COVID-19’s Projected Impact Canadian Underwriter 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... September 2017 A. Danielle Bourgeois honoured by University of Alberta Field Law lawyer and former Pandas hockey player inducted into the Sports Wall of Fame A. Danielle Bourgeois, '05 BA, '09 LLB, will be inducted in the University of Alberta Sports Wall of Fame for her leadership in university sport. President David H. Turpin presented Danielle with her award on September 25, 2017 at the Northern Alberta ... 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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