Field Law

Alberta Legislation Curtailing the Right to Strike is Struck Down

In the wake of the Supreme Court of Canada’s decision that established a constitutionally protected right to strike, the Alberta Court of Queen’s Bench has struck down legislation that prevents certain classes of Alberta workers…more

Canada, Canadian Charter of Rights and Freedoms, Labour Code, Right to Strike, Supreme Court of Canada

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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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Drilling Down: Oil Prices and Innovation

Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). …more

Canada, Innovation, Layoffs, Oil & Gas, Oil Prices

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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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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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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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Thou Shalt Not Deceive: The New Commandment for Canadian Business

In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be…more

Canada, Contract Disputes, Contract Interpretation, Duty of Honest Performance, Good Faith

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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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"Full and final settlement of any and all claims" – not so, says the Alberta Human Rights Tribunal

The Alberta Human Rights Tribunal (“Tribunal”) released a decision this month that considered whether the terms of a Release Agreement constituted a valid and enforceable settlement of an employee’s allegations of human rights…more

Canada, Discrimination, Human Rights, Private Right of Action, Release Agreements

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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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Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act

As of December 11, 2015, gender identity and gender expression are prohibited grounds of discrimination under the Alberta Human Rights Act. Under section 7 of the Act employers cannot refuse to employ or to continue to employ…more

Canada, Employer Liability Issues, Gender Discrimination, Gender Identity, Human Rights

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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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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 You Should Act Now to Protect Your Intellectual Property in Canada

Significant amendments to Canada’s Trademarks Act (the “Act”) have been passed, but are not yet in effect. The legislative changes are rumored to come into effect sometime in early 2018, which – if filed soon - may be sufficient…more

Canada, Corporate Counsel, Intellectual Property Protection, Popular, Trademark Act

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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

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Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings

Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits?…more

Canada, Disciplinary Proceedings, Witnesses

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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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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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What’s to Come….

There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused on…more

Canada, Citizenship, Family Reunification, Immigration, Legislative Agendas

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Thou Shalt Not Deceive: The New Commandment for Canadian Business

In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be…more

Canada, Contract Disputes, Contract Interpretation, Duty of Honest Performance, Good Faith

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The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs

In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer…more

Appeals, Bylaws, Canada, Colleges, Incentives

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What’s to Come….

There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused on…more

Canada, Citizenship, Family Reunification, Immigration, Legislative Agendas

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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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Commercial Contracts Include an Implied Duty of Good Faith

There has long been an implied duty that an employer must act in good faith when terminating employment contracts. Until now, such a duty was not necessarily implied in other commercial contracts. However, all companies should…more

Canada, Commercial Contracts, Good Faith

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Case Summaries: Expired Appeals

Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned…more

Accountants, Appeals, Appeals Tribunals, Canada, Delays

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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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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

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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

See All Updates »

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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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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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, Settlements

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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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The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs

In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer…more

Appeals, Bylaws, Canada, Colleges, Incentives

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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, Settlements

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Social Media Defamation: the #creeper decision

A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. The Facebook posts suggested that the plaintiff was a “nutter” and a “creep” who deployed a system…more

Canada, Defamation, Facebook, Online Platforms, Popular

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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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"Employed" in Name Only – An Employer’s Duty to Provide Work

Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The…more

Appeals, Canada, Constructive Discharge, Employment Contract

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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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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

See All Updates »

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

See All Updates »

Contact

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

  • 780-423-3003
  • 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
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  • Securities Law
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  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other Countries
  • Canada
Number of Attorneys

100+ Attorneys

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