October 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!

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Field Law Partner Ayla Akgungor Appointed to Alberta Court of King’s Bench | Field Law congratulates firm partner Ayla Akgungor on her appointment as a Justice of the Court of King’s Bench in Edmonton. Federal Minister of Justice and Attorney General the Honourable Arif Virani announced Justice Akgungor’s appointment on October 23.

Justice Akgungor began with Field Law as a summer student and was called to the Bar in 2000 after clerking at the Alberta Court of Appeal and Court of Queen’s Bench. She joined the Field Law partnership in 2010. She has been a leading practitioner in human rights, labour, and employment and professional regulation law, serving as Field’s Labour + Employment Practice Group Leader from 2014 through 2022.

Bow Valley Business Series: Employment 101 | Steve Eichler presented at the inaugural Bow Valley Business Series lunch and learn. This session, held on October 26, covered everything from hiring practices and workplace standards to employee rights and navigating local regulations.

Unpacking Concussion Injuries with Dr. Martin Mrazik | In the ever-evolving landscape of insurance law, staying up to date on developments in the areas of concussions, mild traumatic brain injuries, and post-concussive syndrome is vital. Understanding recent cases and their outcomes is crucial for making informed decisions in your claims management. Marc Yu joined Dr. Mrazik for this complimentary webinar designed for adjusters and claims examiners.

Canada's Underused Housing Tax: Implications for Foreign + Canadian Property Owners | Underused Housing Tax (“UHT”) is an annual federal tax payable by registered owners of vacant or underused housing in Canada, that took effect on January 1, 2022.? As Kristin Yarish explains, the purpose of the UHT is to tax non-Canadians who own residential property in Canada that is not being used efficiently, to try to address Canada’s affordable housing shortage. This tax, which is 1% of the value of the property, generally applies to foreign (non-Canadian, non-resident) residential property owners, however, as in some situations, it can apply to Canadians.?

Lien on Me: Consequences of Excessive Liens | Courts have the discretion to determine the security amount required to vacate a lien, which can be less than the claimed lien amount. In a recent BC case, a lien was allowed to be vacated by posting security for half of the disputed amount, due to insufficient evidence supporting the contractor's additional fee claims. This approach is consistent across various Canadian provinces, such as Alberta, where courts have also permitted liens to be discharged for lesser amounts. As Anthony Burden and Aidan Nicholson explain, the case also underscores the risks of informal, text message-based contracts that lack clarity in work scope and payment terms. Properly drafted contracts can prevent costly disputes and save time.

Liability in Construction Contracts: Negligence + The Corporate Veil | Jill Bishop and Ben Civil reviewed a case where a majority shareholder faced potential personal liability due to negligence during project oversight. The Alberta Court of Appeal clarified that such liability isn't easily established, emphasizing that the corporate veil isn't readily pierced. This case underscores the importance of distinguishing between personal and corporate responsibilities in construction projects, shedding light on the rarity of personal liability, particularly in cases involving economic loss.?

IP Explained: 5 Common Copyright Myths | Laura MacFarlane dispels common copyright myths surrounding copyright ownership, author/creator attribution, partial use of a copyrighted work, works in the public domain, and the need for formal copyright registration.

Corporate Names:?The Importance of Knowing Who You’re Dealing With | For small business owners, you take a serious risk if you fail to include the full corporate name on all contracts, invoices, negotiable instruments and orders for goods or services. Matthew Turzansky explains why using a trade name by itself is not sufficient.

Navigating the Intersection of Canadian and EU Privacy Laws | Cyber security and complying with the General Data Protection Regulation (GDPR) are essential for businesses in this digital age. Jarett Schaumberger elaborates on why having a strong cyber security policy goes hand in hand with the management of personal information and understanding GDPR, even for Canadian businesses.

Make Your Voice Heard: Field Law Community Fund Program Now Open for Voting | Voting is open for residents of Alberta and the?Northwest Territories (NWT) to support their favourite community-minded projects. A total of $75,000 in funding from the Field Law Community Fund Program is available to go towards?projects, and the public’s voice will help determine where funds will go. This year, 151?applications were received, the most ever in the history of the Community Fund Program, from?organizations and individuals with some incredible ideas to build and better their communities.?