Field Law

Interim Canadian Drone Rules Launched

As the recreational and commercial use of drones expands, the calls for a regulatory framework have grown louder. The Canadian federal government has, until last week, taken the simple approach of prohibiting the use of UAVs:…more
| Transportation

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
| Civil Remedies, Commercial Law & Contracts, International Law & Trade, Labor & Employment Law

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES B.

In an action by homeowners against a chimney sweep, it was held that deficiencies in the plaintiffs’ expert Investigation and reports deprived the court and the other trial experts from being able to determine what actually…more
| Civil Procedure, Personal Injury, Real Estate - Residential

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having been…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Criminal Law, Insurance

Defence & Indemnity - February 2017: III. QUANTUM/DAMAGES ISSUES

A. Regarding the defence of inevitable accident due to a medical condition, certain circumstances give rise to a presumption that the defendant drove negligently and the defendant needs expert medical evidence that causally…more
| Civil Procedure, Personal Injury

Defence & Indemnity - February 2017: II. LIABILITY ISSUES

1. The Motions Judge (Dow, J.) set aside the Default Judgment awarding the Plaintiff thrown away costs of $10,000.00 and issued a publication ban on consent of all parties.   a. The Court summarized the factors to be considered…more
| Civil Procedure, Civil Remedies, Personal Injury, Privacy

Experimental Use of an Invention

Inventors must take care that their invention is “new” for it to be patentable. That means the invention hasn’t been disclosed to the public. Trade show announcements, press releases, publications, offering the invention for…more
| Intellectual Property, Science, Computers, & Technology

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)…more
| Commercial Law & Contracts, Insurance, Real Estate - Commercial

Defence & Indemnity - February 2017: I. INSURANCE ISSUES A.

I. INSURANCE ISSUES A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

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
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Workwise: 5 Tips to Avoid Constructive Dismissal Claims

A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee, the employee feels as though they are…more
| Commercial Law & Contracts, Labor & Employment Law

Another Canadian Decision Reaches Outside Canada

This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in…more
| Civil Procedure, International Law & Trade, Privacy, Securities Law

VCC vs. VCC: Where’s the Confusion?

When we’re talking about trademarks, at which point do we measure whether there is confusion in the mind of the consumer? We reviewed this issue in 2015. In that earlier decision, Vancouver Community College sued a rival…more
| Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES

Alberta Court of Appeal confirms an obligee/trustee under labour and material payment bond has no legal duty to disclose the existence of such a bond to potential bond claimants until specifically asked about its…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance
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2500 - 10175 101 ST NW
Edmonton, AB T5J 0H3, Canada

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