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
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional 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
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
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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Perspectives for the Professions Newsletter - September 2017: The Relationship Between Council and the Chief Executive Officer

The Chief Executive Officer of a professional regulatory organization is the senior staff person responsible for the overall operations of the organization. Typically, the CEO will report to Council which is responsible for…more

Canada, CEOs, Corporate Governance, Professional Disciplinary Actions

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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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Bill 30 Overhauls Alberta's Occupational Health and Safety Act

On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete…more

Canada, Employee Rights, OHSA, Proposed Legislation, Workers Compensation Reform

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If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation, You Need to Read This!

Important changes to Alberta’s Employment Standards Code (the “Code”) come into effect in just a few short weeks. In order to align the Employment Standards Regulation with these changes, on December 7, 2017 the Government of…more

Amended Regulation, Canada, Employer Liability Issues, Employment Policies, Employment Standards Act

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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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Perspectives for the Professions Newsletter - September 2017: Importance of Clear Guidelines and Policies

Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the…more

Appeals, Canada, Ethics, Physicians, Policies and Procedures

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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 (DOE), 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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If You Haven't Heard About the Upcoming Changes to the Alberta Employment Standards Regulation, You Need to Read This!

Important changes to Alberta’s Employment Standards Code (the “Code”) come into effect in just a few short weeks. In order to align the Employment Standards Regulation with these changes, on December 7, 2017 the Government of…more

Amended Regulation, Canada, Employer Liability Issues, Employment Policies, Employment Standards Act

See all updates »

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: No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements

The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the…more

Appeals, Canada, Customer-Loyalty Programs, Discretionary Functions, Inducements

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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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Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope

Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable? Based on recent cases in the United States, the answer is:…more

Abstract Ideas, Canada, CLS Bank v Alice Corp, Computer-Related Inventions, DDR Holdings v Hotels.com

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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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Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies

Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and…more

Canada, Conditions or Restrictions on Practice, Conflicts of Interest, Disclosure Requirements, Ethics Commission

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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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Perspectives for the Professions Newsletter - September 2017: Standing of Complainants on Judicial Review

Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint…more

Attorney Misconduct, Bar Associations, Canada, Disciplinary Proceedings, Dismissals

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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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Terminated Employee Awarded Aggravated Damages for Employer's Conduct

Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB…more

Aggravated Damages, Canada, Contract Terms, Employer Liability Issues, Employment Contract

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Workwise Newsletter - June 2017: Case Update for Styles v. Alberta Investment Management Corporation

On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.1 This leaves the Alberta Court of…more

Bonuses, Canada, Contract Terms, Dismissals, Employee Incentive Plans

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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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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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Bill 30 Overhauls Alberta's Occupational Health and Safety Act

On November 27, 2017 the Alberta Government introduced Bill 30 – An Act to Protect the Health and Well-Being of Working Albertans. Bill 30 proposes updates to Alberta’s Workers Compensation Act while offering a complete…more

Canada, Employee Rights, OHSA, Proposed Legislation, Workers Compensation Reform

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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: No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements

The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the…more

Appeals, Canada, Customer-Loyalty Programs, Discretionary Functions, Inducements

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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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Trademark Evolution: Part 1 (When Trademarks Change)

The famous Toblerone bar is so distinctive in shape and design that it serves as a great example of a “distinguishing guise” trademark. It has been used as a trademark since 1910 in Canada, and during that time has maintained…more

Intellectual Property Protection, Trademark Registration, Trademarks

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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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Workwise: Certain Earnings During Notice Period Not Considered Mitigation

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain…more

Appeals, Calculation of Damages, Canada, Constructive Discharge, Duty to Mitigate

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Privacy Alert: Government of Canada Suspends CASL's Private Right of Action Provisions

By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised by…more

Anti-Spam Legislation, Canada, CASL, Delays, Electronic Communications

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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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Failure to Investigate Not Fatal to Just Cause Termination

The Alberta Court of Queen’s Bench’s recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centers around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also…more

Canada, Failure to Investigate, Hiring & Firing, Just Cause, Sexual Harassment

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Defence & Indemnity - August 2017: V. SURETY AND BOND ISSUES: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd., 2017 MBQB 27 per Simonsen, J. [4237]

V. SURETY AND BOND ISSUES - A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims after…more

Canada, Construction Contracts, Construction Liens, Duty to Mitigate, General Contractors

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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 »

R v Jarvis: Is There a Reasonable Expectation of Privacy in Schools?

In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment…more

Appeals, Arrest, Canada, Criminal Prosecution, Dismissals

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