March 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!
The Law of Regulatory Investigations in Canada | Field Law’s Professional Regulatory Group is pleased to announce the publication of a new book, “The Law of Regulatory Investigations in Canada” by James Casey, KC, Jason Kully, and Michelle Casey.
Changes to Alberta’s Occupational Health and Safety Code | Changes to Alberta’s Occupational Health and Safety Code come into effect March 31, 2023. Employers need to be mindful of how these changes affect their organization and assess whether practices need to be changed or implemented to ensure compliance.
Employer Cannot Change Termination from Without Cause to With Cause | The Court found that an employer could not recharacterize a without cause dismissal of one of its employees as termination for cause when the material circumstances were known to the employer before the dismissal.
How Much Personal Information is Your Employer Entitled to? | Personal information belonging to current and former Indigo Books employees was recently compromised in a massive hacking incident. To learn more about what information employers should and should not be collecting, Edmonton AM was joined by Jason Kully, who works in the area of privacy breaches and data integrity and is the newest member of their Wise Counsel legal column.
Strict Disclosure Requirements for Purchasing Condominiums | The Court found that a condominium developer's failure to provide a separate "occupancy date statement" was grounds for the purchaser to rescind her purchase agreement and have her deposits returned to her.
Costs + Damages Entitlement for Wrongfully Registered Liens | If a person wrongfully registers a lien, the property owner is entitled to costs and damages incurred resulting from the wrongfully registered lien. The specific award will depend on the circumstances of the case, but may include reasonable legal fees and party-and-party of costs for lien litigation.
Priority Between Builders' Liens + Trustee Fees in a Bankrupt Estate | Usually, secured claims against a bankrupt estate (such as builders' liens) are paid out before any other claims, including a bankruptcy trustee's fees. But fairness is the most important consideration when administering a bankrupt estate. It would be unfair if a secured claim ate up the entire bankrupt estate, leaving the trustee with unpaid expenses.
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries | There are many opportunities for a beneficiary to be treated unfairly or for their entitlement to a share of an estate to be depleted. Knowing your rights and the general trends in estate administration principles will allow you to make more informed decisions on behalf of your organization.
People, Pets + Parking: Aging Condominiums - Repair or Terminate? | Join Erin Berney and John Gilbert for a complimentary webinar series designed for Property Managers based on the challenges seen most frequently: people, pets and parking. This session covered aging condos, including what to consider when deciding to wind down or terminate a condominium, best practices to manage large capital repair projects, and much more.