Field Law

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

  • 780-423-3003
  • 780-428-9329

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
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

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
| Administrative Law, Civil Procedure, Education

Intellectual Asset Management Best Practices – Part 2

In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property

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
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Intellectual Property, International Law & Trade

CASL 2.0: The Computer Program Provisions (Part 3)

The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada’s Anti-Spam Law (CASL). Software vendors should review the CASL Requirements for Installing Computer Programs for…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Indirect Patent Infringement in the US

In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Civil Remedies, Education, Labor & Employment Law, Personal Injury

The Troubles with Patent Inventorship

Determining inventorship is answering the question: who contributed enough to an invention to be named as an “inventor” on the patent application? It’s critical, as reviewed by my colleague Shohini Bagchee in her article Whose…more
| Civil Procedure, Intellectual Property

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by the…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,…more
| Civil Procedure, Communications & Media Law, Personal Injury, Privacy, International Law & Trade

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Alberta Privacy Law Update: PIPA on Death’s Door

About a year ago on November 15, 2013, Alberta’s Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order for…more
| Administrative Law, Constitutional Law, Consumer Protection, Privacy

CASL 2.0: The Computer Program Provisions (Part 1)

It’s mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

What, exactly, is a browsewrap?

Browsewrap, clickwrap, clickthrough, terms of use, terms of service, EULA. Just what are we talking about and how did we get here? In Nguyen v. Barnes & Noble, Inc., 2014 WL 4056549 (9th Cir. Aug. 18, 2014) the US Ninth…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack, 2014…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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