Field Law

2000, 10235 - 101 Street NW
Edmonton, AB T5J 3G1 , Canada

  • 780-423-3003
  • 780-428-9329

Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees

Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his…more

Canada, Former Employee, Television Broadcast Stations, Unions

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Employee Relief Causes Employer Grief: The ability to perform employment-related duties is an integral part of an employment contract

Recently, two employers who provided notice of termination, and at the same time relieved employees of their duties, were held instead to have at that time terminated those employees, which lead to financial consequences for…more

Canada, Constructive Discharge, Employment Contract, Hiring & Firing, Severance Pay

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Utility Models, Petty Patents & Innovation Patents: Efficient IP Protection for SMEs

For small to medium sized enterprises (SMEs), patent protection can be complex and costly. And yet, for many of them, patent protection is a must to maintain their competitive edge. A fast and cheap option for protecting…more

Innovation Patent, Patent Applications, Patents, SMEs

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Computer and Software Related Innovation – Is There A Rationale For Filing Software Patent Applications in Canada?

Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and maintaining…more

Canada, Patent Filings, Patents, Software

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Reasonable Notice and the Older Worker

There was once an expectation that workers would retire by age 65. That expectation is changing. For a variety of reasons, many workers now want or expect to work later in life. As it can no longer be assumed that employees…more

ADEA, Age Discrimination, Employer Liability Issues

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The Top 10 "Tips and Traps" for Tribunal Member Conduct

...I created The Top 10 “Tips and Traps” for Tribunal Member Conduct. While some of the tips may seem like common sense, on many occasions problems arise due to the failure by both new and experienced Hearing Tribunal members to…more

Canada, Tribunals

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Disasters and Property Leases - Don't get hit twice

Hurricane Sandy wreaked havoc in New York and New Jersey recently, and attracted worldwide attention. The collapse of a portion of the rooftop parking lot at the Algo Centre Mall in Elliot Lake, Ontario earlier this year caught…more

Commercial Leases, Hurricane Sandy, Natural Disasters

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Heartbleed Virus Causes Heartburn: Information Security Implications

News reports regarding the so-called Heartbleed computer virus sparked concerns regarding cyber security and digitally-stored personal information. The Canada Revenue Agency announced that the virus caused a security breach…more

Canada, Cybersecurity, Heartbleed, Personally Identifiable Information

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Advanced Payments by Automobile Insurers

Automobile liability insurers in Alberta have long been permitted to offer advanced payments to injured claimants in part settlement of claims without admitting that the insurer or its insured has any liability. This bulletin…more

Auto Insurance, Insurers, Payment Plans, Settlement

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What’s The Risk Of Not Foreseeing Safety? In Today’s Industry, One Must Endeavour To Pinpoint Workplace Hazards And Then Strive To Eliminate Them

It’s commonplace to say that “careful planning” is an obvious and vital element of any construction project, but it’s only the first foreseeable step in prevention. As all involved in 21st century construction are (or should be)…more

Canada, Compliance, Employer Liability Issues, OHSA, Workplace Hazards

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Update on Family Status Accommodation: Federal Court Finds that Childcare Not a "Choice"

The Federal Court of Canada has upheld a decision of the Canadian Human Rights Tribunal which found that employers have a duty to accommodate an employee’s childcare obligations in certain circumstances on the basis of “family…more

Discrimination, Duty to Accommodate, Employee's Childcare, Family Status Accommodation, Human Rights

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Canada’s New Trademark Law and What it Means for Business

Through sweeping legislation smuggled in by means of an omnibus budget bill, Canada’s trademark registration regime will be changed more dramatically than at any time in the last 50 years. The changes are giving trademark…more

Canada, Madrid Protocol, New Legislation, Popular, Trademarks

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Municipalities Can Make Mistakes Significantly Impacting Land Developers

This summer the Alberta Court of Appeal in the case of 1694192 Alberta Ltd. v. Lac La Biche County (Subdivision and Development Appeal Board), was asked to grant 1694192 Alberta Ltd. leave to challenge a decision made by the Lac…more

Canada, Land Developers, Municipalities

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Paving The Way Forward: Automobile Claims and Diminished Value

The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several…more

Auto Insurance, Diminution in Value

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The Condominium Corporation and the Developer Board

Upon the registration of a condominium plan at Land Titles (or the first phase of a condominium plan in the case of a phased development), a condominium corporation is created. The condominium corporation is the vehicle by which…more

Condominium Corporation, Condominiums, Land Titles

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Case Comment: Penner v. Niagara (Regional Police Services Board), 2013 SCC 19: Did the SCC Flip Flop on Finality?

Can issues that have already been determined by an administrative tribunal in one forum be revisited in another forum? In its earlier decision in British Columbia (Workers’ Compensation Board) v. Figliola, the S.C.C. suggested…more

Canada, Disciplinary Proceedings, Police, SCC

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If The Whistle Sounds, Is a Penalty Coming? - Alberta's New Whistleblower Legislation

Introduction - On June 1, 2013, Alberta’s first ever Whistleblower legislation came into effect. The Public Interest Disclosure (Whistleblower Protection) Act is intended to protect employees in the public sector who act…more

Canada, New Legislation, Public Interest Disclosure Act, Public Officials, Whistleblower Protection Policies

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Relative Priorities of Planning Instruments Governing National Park Towns

Municipalities located within national parks are subject to unique development constraints. The federal National Parks Act and provincial Parks Towns Act enable agreements between the federal and provincial governments for…more

Bylaws, Canada, Government Land, Municipalities, National Parks

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Protection By Design: Industrial Design Law In Canada

Bodum – a maker of popular coffee-press and glass products – wanted to protect their design for a double-walled drinking glass in a competitive marketplace. Apple wanted to protect the design of their popular handsets like the…more

Design Patent, Industrial Design, Infringement, Prior Art, Registration

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Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s decision…more

Alcohol Testing, Canada, Drug Testing, Employer Liability Issues, Employment Policies

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New Weapons to Combat Counterfeit Products

Brand owners face the ever growing problem of counterfeit products imported into and sold in Canada. Compared to the “real thing”, counterfeit products are often inferior in quality and may even pose a potential health or safety…more

Canada, Counterfeiting

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The Legal Perils of 3D Printing

3D printing refers to the techniques also known as “additive manufacturing”. This process uses a digital model to create a three-dimensional object by adding successive layers of materials in the shape of the object…more

3-D Printing Technology, Copyright, Copyright Infringement, Patents

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Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s decision…more

Alcohol Testing, Canada, Drug Testing, Employer Liability Issues, Employment Policies

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Business Owners: What Happens to Your Closely-Held Shares on Divorce?

As an owner of a closely-held private business you likely hold voting shares in your corporation. These shares allow you to exercise some control over the corporation by giving you the right to vote for corporate directors and…more

Canada, Closely Held Businesses, Divorce, Matrimonial Property Act

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Case Comments: Interpretation of Standards of Practice and Standard of Review

Hunter v College of Physicians & Surgeons of Alberta, 2014 ABCA 262 (Alta CA), upholding the decision of the Council for the College and dismissing the appeal. A physician who married his former patient challenged his…more

Canada, Code of Conduct, Physicians

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Terminating Fixed-Term Contracts on Your Terms

The Court of Appeal of Alberta recently upheld a finding of constructive dismissal of an employee, who although paid to the end of his one year fixed-term contract, was not allowed to work during the final month of the contract…more

Canada, Constructive Discharge, Employer Liability Issues, Employment Contract

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Insane in the Do-main: The New gTLDs and the Trademark Clearinghouse

ICANN (the entity that essentially controls the worldwide domain name system) is in the final stages of processing approximately 1,900 applications for new gTLDs (generic Top Level Domains – like ".com") many of which are…more

Brand, gTLD, ICANN, Registration, Trademark Clearinghouse

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To Adjourn or Not to Adjourn, That is the Question

Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be…more

Adjournment, Canada

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Guarantees in Alberta

A guarantee is a deed or written agreement in which a person enters into an obligation to answer for a default or omission of another person. Creditors commonly require guarantees from third parties before loaning money to…more

Canada, Contract Drafting, Creditors, Debtors, Loans

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Promissory Notes: Who are you Promising to Pay?

Promissory notes are often issued in the course of business arrangements and financial transactions to record indebtedness and financial obligations. People who use these instruments, however, should be aware of the specialized…more

Assignments, Canada, Promissory Notes

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Alter Ego and Joint Partner Trusts: Estate Planning Beyond a Will

For many, estate planning begins and ends with the preparation and execution of a legally valid Will. Certainly, a valid Will, together with an Enduring Power of Attorney and a Personal Directive, allows an individual to…more

Alter Ego, Estate Planning, Executors, Inter Vivos Trust, Trusts

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B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853

The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s academic…more

Canada, Healthcare Professionals, Private Schools

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Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called “right to be forgotten” in connection with a Canadian trade-secret…more

Canada, Misappropriation, Right to Be Forgotten, Trade Secrets

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Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked

Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights Tribunal…more

Canada, Disability Discrimination, Ontario Human Rights Tribunal, Reasonable Accommodation, Reinstatement

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Important Changes to the Foreign Worker Program

Employers seeking to employ foreign workers must often obtain a positive labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) before a foreign worker will receive a work permit. If you are an…more

Canada, Corporate Counsel, Employer Liability Issues, Foreign Workers, Human Resources Professionals

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Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have…more

Canada, Public Schools, School Districts, Sexual Abuse, Teachers

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A Lovely Review of Employment Contract Principles

In Lovely v. Prestige Travel Ltd., 2013 ABQB 467, the Alberta Court of Queen’s Bench ordered an employer to pay an executive level employee one year’s base salary, after it terminated his employment one year into a two-year,…more

C-Suite Executives, Canada, Contract Drafting, Contract Interpretation, Employment Contract

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Paving The Way Forward: Automobile Claims and Diminished Value

The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several…more

Auto Insurance, Diminution in Value

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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
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Locations
Other Countries
  • Canada
Number of Attorneys

100+ Attorneys

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