January 2023
Welcome to the January 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!
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries (February 28) | Join Field Law’s Wills, Estates + Trusts Group for a complimentary lunch?seminar designed to assist charities and non-profit organizations and their staff with an understanding of estate administration laws and procedures so as to better assess their rights when the charity is named as a beneficiary of an estate in a will.
2022 A Year in Review (January - February) | Join members of our Labour + Employment Group for our annual Year in Review, which focuses on legal updates for management and employee groups. Part 1 of this series will cover?Labour,?Occupational Health + Safety?and?Immigration.?Part 2 of this series will cover Privacy, Employment and Human Rights.
The Legislature is considering increasing the civil claims limit from $50,000 to $200,000. If approved, the new limits are meant to reduce pressure on courts and allow more Albertans to file claims in Provincial court. But what other effects will it have?
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Important Professional Regulatory Cases of 2022 (February 7)?| Learn about the most important professional regulatory court cases of 2022. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by?James Casey,?KC?and?Katrina Haymond,?KC, this popular annual webinar is a comprehensive review of key cases from across Canada.
Does a Subcontractor Have a Claim for Unjust Enrichment Against the Owner? | The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in a valid unjust enrichment claim.?
Court Provides Clarity on Substituting Lien Bonds for Cash in Court | The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legislation. Substituting a lien bond for cash in court after a certificate of substantial performance has been posted would disrupt the flow of funds within the construction pyramid. Parties to construction projects should be aware of requests to substitute lien bonds for cash in court, particularly where prejudice may result.
Addressing Complaints and Mental Health Issues in Condominiums: Strategies for Board Members | According to the?Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime.?Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably face a situation involving a resident who is experiencing such issues. Condominium boards must therefore be prepared to deal with and address mental health disorders among their residents.
How a Woman Uses an Obscure Legal Tool to Expose Online Trolls in Court | When a woman turned to leaders at The Meeting House megachurch in southern Ontario with allegations that her former pastor had sexually abused her, the ensuing investigation forced the pastor to resign and resulted in a reckoning that led to a drop in church attendance.
But for the woman who took the name Hagar in the media – her identity has been kept secret by the Church and is now protected by a publication ban – another painful saga was about to begin. Some of the pastor’s followers began threatening to reveal their identities, a court filing said. Soon someone posted a YouTube video sharing Hagar’s real name, and pseudonymous accounts surfaced on multiple online platforms threatening to out them.
Alberta Court Finds Defendant Breached 2003 Agreement to Sell Land | The Alberta Court of King’s Bench has ruled that a sale of land contract in which it was stipulated that time was of the essence is enforceable, whether or not the parties are ready or willing to close the deal.