Field Law

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2500 - 10175 101 ST NW
Edmonton, AB T5J 0H3, Canada
Phone: 780-423-3003
Fax: 780-428-9329
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

Workwise: Don't Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause

The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful when it comes to drafting termination clauses as a…more

Appeals, Canada, Contract Drafting, Damages, Dismissals

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Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause

At common law, a non-unionized employee may be dismissed without cause or reasons if he or she is given reasonable notice of termination or pay in lieu. However, for non-unionized federal employees, the Supreme Court of Canada…more

Canada, Common Law Claims, Federal Employees, Just Cause, Labor Code

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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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Post-Grant Patent Amendment – Canadian and US Options

On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if…more

Canada, Canadian Patent Office, Clerical Errors, Disclaimers, Ex Partes Reexamination

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Are Restrictive Covenants in Sale Agreements Enforceable?

The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45). …more

Canada, Employment Contract, Hiring & Firing, Non-Compete Agreements, Non-Solicitation Agreements

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Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of Alberta 2016 ABQB 61

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to…more

Appeals, Canada, Colleges, Competency Requirements, Discrimination

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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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Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts

The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the…more

Construction Contracts, Contract Formation, Contract Interpretation, Contract Terms, Exceptions

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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, Insurance Industry, Payment Plans, Settlement

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When is an Employee’s Disability a Factor in his Dismissal?

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer terminated…more

Adverse Action, Burden of Proof, Canada, Disability, Disability Discrimination

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Alberta’s Minimum Wage is on the Rise

Effective October 1, 2016, Alberta’s minimum wage will increase from $11.20 per hour to $12.20 per hour. This is the first step in the Provincial government’s plan to increase the minimum wage in Alberta to $15.00 per hour by…more

Canada, Minimum Salary, Minimum Wage, Wage and Hour

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Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act

There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were employees of Brinks Canada Limited (“Brinks”). The vehicles in question were owned by PHH Management…more

Apportionment, Auto Lease, Canada, Car Accident, Indemnification Clauses

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Why Every Parent in Alberta Should Have a Will

As a young, healthy parent, you may believe that having a Will is the last thing on a long priority list. However, while a Will is vital for everyone, those with children should be particularly mindful of the primary importance…more

Beneficiary Designations, Canada, Intestate Succession, Surviving Spouse, Wills

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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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Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act

There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were employees of Brinks Canada Limited (“Brinks”). The vehicles in question were owned by PHH Management…more

Apportionment, Auto Lease, Canada, Car Accident, Indemnification Clauses

See all updates »

Perspectives for the Professions: Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given

In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted…more

Agency Deference, Canada, Criminal Prosecution, Discipline Tribunals, Joint Submissions

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Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt with…more

Appeals, Canada, Contract Terms, Employment Contract, Good Faith

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Promising Updates to Royalty Programs - Energy Industry at a Crossroad

HIGHLIGHTS: In early July the Alberta Department of Energy (Alberta Energy) announced two new royalty programs – the Emerging Resources Program and Enhanced Hydrocarbon Recovery Program– to stimulate oil & gas…more

Alberta Energy Regulator (AER), Canada, Department of Energy, EHRP, Energy Sector

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Texas Justice Provides an Evidence Solution

Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in-hand? This article discusses a procedure under…more

Depositions, Evidence, Infringement, Intellectual Property Litigation

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Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts and…more

Canada, Controlled Substances Act, Criminal Code, Decriminalization of Marijuana, Drug & Alcohol Abuse

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Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts

The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the…more

Construction Contracts, Contract Formation, Contract Interpretation, Contract Terms, Exceptions

See all updates »

Professional Regulatory Alert: If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use

Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered…more

Accountants, Appeals, Business Associations, Canada, Consumer Confusion

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Thinking of Immigrating to Canada?

To the astonishment of many around the globe Donald Trump has been elected as the 45th President of the United States of America; and for the second time this year, the Government of Canada’s immigration website crashed due to a…more

Canada, Family Sponsorship, Immigration Procedures, Lawful Permanent Residents, Presidential Elections

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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

3D Printing, Copyright, Copyright Infringement, Patents

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An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to…more

Appeals, Canada, Car Accident, Company Vehicles, Conditional Offers

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Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents…more

Accident Reports, Canada, Criminal Convictions, Criminal Investigations, Criminal Prosecution

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One Small Step… Alberta Energy Regulator Makes Change to Interim Measures

HIGHLIGHTS - The Alberta Energy Regulator (AER) has considered feedback on the interim measures put in place in Bulletin 2016-16 and issued revisions and clarifications in Bulletin 2016-21.…more

Alberta Energy Regulator (AER), Canada, Energy Policy, Interim Rule, Liability Management Rating (LMR)

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Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"

In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are…more

At-Will Employment, Canada, Hiring & Firing, Labour Code, Non-Union

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Reviews of Workplace Legislation Underway in Alberta

In Alberta, the Employment Standards Code establishes the minimum standards for employment relationships. Relatedly, the Labour Relations Code governs the relationships between unions and management…more

Canada, Labour Relations Boards, Paid Leave, Proposed Legislation, Unions

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Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as a…more

Accreditation, Administrative Authority, Administrative Hearings, Agency Deference, Appeals

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CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties

Although Canada’s anti-spam legislation (CASL or the Act) has been in force since July 1, 2014 and a number of substantial penalties have been imposed under its terms, the Canadian Radio-Television and Telecommunications…more

Administrative Monetary Penalties, Anti-Spam Legislation, Canada, Conspicuous Publication Rule, CRTC

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Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt with…more

Appeals, Canada, Contract Terms, Employment Contract, Good Faith

See all updates »

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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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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Professional Regulation and Ungovernability

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal upheld a…more

Attorney Disbarrment, Attorney Misconduct, Canada, Disciplinary Proceedings

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Minor Settlements – Beware of the Pitfalls

Claims involving minors require special consideration. In order to settle a claim without fear of the minor setting aside the settlement once he or she turns 18, a Court Order approving the settlement is required…more

Canada, Consent, Legal Guardian, Minors, Settlement

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One Number to Rule Them All: The New Common Business Number Act

On April 30, 2015, Bill 12: the Common Business Number Act (the “Act”) came into force in Alberta. The Act created the authority for Alberta to adopt the Canada Revenue Agency’s (“CRA”) Business Number system (“BN”). The BN is a…more

Canada, Canadian Revenue Agency, Common Business Number Act, Corporate Taxes, Exports

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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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Energy Alert: The Court of Appeal Upholds the Redwater Decision

Field Law’s Energy Group continues to follow developments regarding the Redwater Energy case. This Energy Alert summarizes the Alberta Court of Appeal’s recent decision on the matter…more

Alberta Energy Regulator (AER), Appeals, Bankruptcy Court, Canada, Conflicts of Laws

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Professional Regulatory Alert: If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use

Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered…more

Accountants, Appeals, Business Associations, Canada, Consumer Confusion

See all updates »

CPP Disability Benefits: To Deduct or Not to Deduct

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an eligible…more

Appeals, Canada, Canadian Pension Plan (CPP), Car Accident, Deduction Limitations

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Copyright Infringement on a Website: the Risks of Scraping and Framing

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…more

Canada, Copyright, Copyright Infringement, Copyright Litigation

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Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike

In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of…more

Canada, Right to Strike, Unions

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Dependent Contractors Awarded 26 Months’ Reasonable Notice

Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale. In the case of Keenan v…more

Appeals, Canada, Damage Caps, Employer Liability Issues, Hiring & Firing

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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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Sit Back and Relax – Is there a Duty to Mitigate after Termination of a Fixed-Term Contract?

The Ontario Court of Appeal recently issued its decision in Howard v. Benson Group Inc. 2016 ONCA 256, relating to the termination of a fixed-term employment contract. The Plaintiff, Mr. Howard, was a Truck Shop Manager who…more

Breach of Contract, Calculation of Damages, Canada, Contract Terms, Duty to Mitigate

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An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to…more

Appeals, Canada, Car Accident, Company Vehicles, Conditional Offers

See all updates »

CPP Disability Benefits: To Deduct or Not to Deduct

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an eligible…more

Appeals, Canada, Canadian Pension Plan (CPP), Car Accident, Deduction Limitations

See all updates »

Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images of…more

Canada, Damages, Invasion of Privacy, New Legislation, Photographs

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