December 2023
Welcome to the latest edition of FieldNotes, a monthly roundup of our recent articles, webinars, and events.
As you may be aware, we release publications covering various legal topics, from labour + employment to construction to emerging technology and everything in-between. Enjoy the articles below and click through to our website for more!
Understanding Canada's Bill S-211: Combating Forced and Child Labour in Supply Chains | Bill S-211 mandates businesses in Canada, specifically those meeting certain criteria such as significant assets, revenue, or employee count, to annually report their efforts to prevent forced and child labour in their supply chains. Given the hefty fines and potential personal liability for directors and officers in cases of non-compliance, Jared Hubbard and Renée Gilead recommend qualifying businesses thoroughly review their practices and ensure they align with these new legislative requirements.
‘Tis the Season to be Jolly… But be Careful! | Holiday celebrations offer a fantastic opportunity for team bonding and reflecting on the year's achievements. However, they also entail certain legal obligations, particularly when alcohol or cannabis is involved. It's crucial to focus on safety and conscientious hosting to reduce risks and protect your organization. Austin Ward advises employers to be vigilant about not overserving guests, providing safe transportation options, and keeping an eye out for any instances of harassment or accidents. These measures are key to ensuring a safe and enjoyable event for everyone.
Navigating OHS Compliance Post-Sudbury | Ben Civil and Steve Eichler wrote a comprehensive review of the Supreme Court of Canada's ruling in R. v. Greater Sudbury (City), which redefines employer obligations under the Occupational Health and Safety Act. Despite a split decision and no tie-breaker due to a justice's retirement, the court affirmed the Ontario Court of Appeal's finding of Sudbury's guilt for not meeting employer duties, irrespective of direct workplace control. This landmark decision, crucial for construction owners and employers across Alberta and beyond, indicates potential OHS liabilities even without direct oversight. It underscores the need for due diligence and clarity in OHS compliance and contractual agreements in large-scale projects.
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Production of a Plaintiff’s Medical Reports from a Prior Accident | In a personal injury matter, a dispute arose over the production of a plaintiff’s independent medical examination records and reports from a prior action. Jill Bishop reviewed the Alberta Court of King’s Bench decision, which found that such records are almost always relevant and material and are not subject to litigation privilege, provided that the prior action has been resolved.
How Much is Too Much: Extraordinary Remedies for Excessive Liens | Determining the proper amount of a builders’ lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter before a court to decide whether the lien should be reduced or cancelled. The BC Court of Appeal recently found that excessive liens may be justifiably reduced or outright cancelled. Anthony Burden and Aidan Nicholson suggest that parties to construction contracts should ensure they have detailed documentation and evidence to support their lien amounts to avoid the risk of liens being deemed excessive.
Navigating Mental Health Challenges in Multi-Housing Communities | Earlier this month Erin Berney and Lauretta Enders of Emerald Management & Realty Ltd. held a complimentary webinar, which covered the duty to accommodate within condo corporations and property management companies, strategies for encouraging early disclosure of mental health issues, learnings from recent legal proceedings involving condominium disputes and mental health and more.
Beyond Borders: Year-End Checklist for Cross-Border Matters | Saul Abrams and Stephen Doyle, CPA, CA held the second session in their Beyond Borders webinar series, designed to provide attendees with invaluable insights and strategies to confidently navigate the world of cross-border tax issues. On December 14 they went through a checklist of Canadian and US considerations to organize and simplify your next tax season.