January/February 2024

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!

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Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.

Kristin Yarish , based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant milestone as homegrown talents within the firm. Additionally, Field extends a warm welcome to Justine Blanchet , who joined the Calgary office as part of the Health Law Group.

2023 - A Year in Review: Labour + Employment (Part 1) | Steve Eichler , Jo?l Michaud , Frank Molnar, KC and Jason Kully kicked off our annual Labour + Employment Year in Review with a session focused on Labour and Occupational Health + Safety. Click here for a link to the complimentary recording.

2023 - A Year in Review: Labour + Employment (Part 2) | Part 2 of our Labour + Employment Year in Review covered Privacy, Employment and Human Rights, and was presented by Kelly Nicholson , Marc Yu , Geoffrey Hope , Matt Vernon , Caitlyn Field and Austin Ward . The complimentary recording is now available.

Unionized Employee: Grievance or Human Rights Complaint? | The Alberta Human Rights Commission and labour arbitrators hold concurrent jurisdiction over human rights issues in unionized workplaces, as highlighted by a recent decision from the Chief of the Alberta Human Rights. When faced with a human rights complaint by a unionized employee, Tessa Gregson recommends employers to consider if it is necessary to apply to the Director of the Commission for a dismissal of the human rights complaint.

The Fine Line in Construction Lien Errors | Anthony Burden and Ben Civil reviewed a recent decision out of Ontario that found that prejudice to the owner is key to determining which errors in lien documents can be fixed. The case has implications for Alberta, where the Prompt Payment and Construction Lien Act similarly addresses lien validity. In Alberta, as in Ontario, liens that substantially comply with registration requirements may still be considered valid unless errors prejudice another party.

Construction Liens: Resolving Costs in Default Actions | In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses for the noting in default but not for broader legal costs. The Changs challenged the motion, questioning the Construction Act's allowance for lien validation through default judgments and the jurisdiction of associate judges. As Anthony Burden and Jordan Lalonde explain, the court’s decision to not award costs for the default judgment motion indicates that when matters are resolved by consent, courts may be reluctant to award costs for steps taken. This underscores the need for parties to carefully consider what will happen with costs when agreeing to settle disputes.

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. Anthony Burden and Aidan Nicholson reviewed a recent BC Court of Appeal that found that excessive liens may be justifiably reduced or outright cancelled.

Important Professional Regulatory Cases of 2023 | What are the key legal trends in professional regulation? What are the strategic and operational implications for regulators? Presented by Katrina Haymond, KC, Gregory Sim?and?James Casey, this popular annual webinar is a comprehensive review of key cases from across Canada.

Beyond TENS + Hot Packs: Physiotherapy's Role in Insurance Files | In the dynamic field of physiotherapy, understanding the nuances of AB-2 and AB-4 reports is crucial for effective treatment and legal documentation. Presented by Christian Boivin , this lunch and learn reviewed the essentials of interpreting these reports and provided insights into advanced physiotherapy practices and their role in insurance files.