June 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!
What Happens When Your Trademark Evolves? | Trademarks often evolve as part of a brand refresh or rebrand, raising important questions about maintaining trademark rights. Before undertaking a brand refresh, Richard Stobbe recommends you consult your trademark agent to determine if a new trademark application is necessary. Minor adjustments may not require a new application, but cumulative changes over time might. Filing a new application can be a cost-effective way to protect your brand from expungement risks.?
Non-Competition Covenants in Alberta | Last month the U.S. Federal Trade Commission banned non-competition covenants ("Non-Competes") in employment contracts. Similarly, Ontario prohibited Non-Competes for most employees in 2021. These changes present an opportunity to revisit Alberta’s laws respecting Non-Competes, and whether this trend of limiting their use is coming our way.
Currently, courts in Alberta are reluctant to enforce Non-Competes, requiring employers to prove their necessity and reasonableness. Employers should draft narrowly tailored Non-Competes to ensure they are enforceable or simply consider implementing a non-solicitation clause instead. Read more in this month's edition of our Workwise newsletter, written by David Di Gianvittorio .
Effective Concussion Treatments: Separating Fact From Fiction | The therapeutic treatment modalities available for the relief and improvement of concussion related symptoms have ballooned in recent years. But, which ones work? Which are scientifically supported by the available research and which are not? Field Law's Christine Pratt was joined by neuropsychologist Dr. Martin Mrazik and Dr. Kathryn Schneider, world-renowned researcher on concussion treatment, for a complimentary webinar where they looked into various concussion treatments and their efficacy and effectiveness for improving the functionality of a person suffering from various degrees of concussion.
Does an IP Address Qualify as Personal Information? | In a recent 5:4 decision, the Supreme Court of Canada ruled that IP addresses carry a reasonable expectation of privacy and should be considered personal information. This landmark decision means that requests for IP addresses by law enforcement now constitute a "search" under Section 8 of the Charter. As Richard Stobbe explains, the ruling has significant implications for Canadian businesses and public-sector organizations that collect and store IP addresses, requiring them to review their practices and policies to ensure compliance.
Don’t Hold Me To It! Where Contractual Intention Overrides Statutory Conditions | A recent Supreme Court of Canada ruling determined that clear contractual intentions, expressed through exclusion clauses, can override statutory conditions under the Sale of Goods Act. Anthony Burden and Grant Szelewicki reviewed the decision in this month's edition of our Constructive Thoughts newsletter. The case involved a dispute where the court upheld that the specific terms of a purchase agreement took precedence over the general statutory conditions, highlighting the importance of precise contract drafting. For the construction industry, this decision underscores the need for meticulous contract management to prevent disputes and protect against liabilities.
Sludgy Pleadings: The Test for Withdrawing Admissions | Anthony Burden reviewed an Ontario case where the Court allowed Wessuc to withdraw critical admissions in its dispute with Todd Brothers over lagoon cleaning. This case underscores the importance of precise pleadings in construction contracts. Wessuc agreed not to seek extra payment for sludge removal beyond 6,100 cubic meters but removed over 13,000. Their pleading errors almost lost their claim for additional payment. The Court stressed the need for careful document review, especially with amendments. Both parties faced criticism, highlighting the importance of consulting legal experts in complex construction disputes.
领英推荐
Judicial Review of MAiD | In 2016, Canada legalized Medical Assistance in Dying (MAiD), sparking debates on patient eligibility and judicial oversight of medical decisions. In March 2024, a pivotal case, WV v MV, addressed these issues.
MV, a 27-year-old was approved for MAiD, but her father, WV, sought an injunction to prevent it. The Alberta Court of King's Bench ruled that only medical professionals, not the courts, could assess MAiD eligibility, reinforcing the importance of personal autonomy and independence of clinical decision making.
Justine Blanchet wrote a comprehensive summary of the decision, in which the Court concluded WV had no legal standing to challenge MV's healthcare decisions but had a genuine public interest in the issue. This case helps to clarify the role of the Courts in MAiD cases and reinforces the rights of individuals to make informed healthcare choices.
Supply Chain Legislation + Sustainability: Understanding the Risks | Global supply chain experts Achilles Information Limited joined Erika A. Carrasco and Renée Gilead for a discussion centered on the global wave of supply chain legislation, its connection to ESG principles and the risks and the opportunities for Canadian businesses.
Field Law's Professional Regulatory Group held two workshops for regulatory colleges. The first, Discipline Tribunal Essentials: Fundamental Skills , was designed to provide tribunal members with limited experience with the tools needed to serve in their role effectively in any Canadian jurisdiction.
The second workshop, Reviews of Registration + Practice Permit Decisions Under the Health Professions Act , provided Council members with the foundational knowledge needed to conduct effective reviews of registration and practice permit decisions.
We will be hosting two more workshops in the fall. Stay tuned for more information!
Congratulations to Field Law articling student G. Elizabeth Bergman , the 2024 recipient of the Horace Harvey Gold Medal in Law which is the most prestigious accolade for a graduating JD student from the University of Alberta Faculty of Law, recognizing the student with the highest-grade point average over their three years in the program.
We also congratulate Tayler Tallent , our previous summer student who will be joining Field Law as an articling student in the summer of 2025, who was recognized with the George Bligh O’Connor Silver Medal in Law this year, awarded to the student from the University of Alberta Faculty of Law with the second highest marks in their convocating class.
“We are thrilled to have such exceptional legal minds joining the firm and we look forward to working with these talented individuals as they embark on their legal careers,” Jason Kully Field Law partner and member of Field Law’s Student Committee.