Field Law (JD Supra Canada)

A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses. Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S.

For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especially where an agency is involved.

With the significant disruptions to civil society, Canadian business owners face a host of immediate concerns. Trademarks and intellectual property are naturally lower on the list, and brand owners should take some comfort that there’s a bit of breathing room for any approaching deadlines. CIPO deadlines have now been extended to May 15, 2020.

Case Name: York University v. The Canadian Copyright Licensing Agency (“Access Copyright”), 2020 FCA 77 - On April 22, 2020, the Federal Court of Appeal released a long-awaited decision in the ongoing dispute between York University and Access Copyright – a dispute that has turned into an epic copyright battle. In a nutshell, the case overall represents a major win for York University, although...

When many people think of signing a contract, the traditional picture is a meeting, a pen and paper, and handshakes at the end. With current social and physical distancing protocols in place, all of these traditional images are jarring. Now, everything has shifted and electronic contracting is not only more convenient, it’s essential.

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired. But, in the case of a project with a performance bond, things can sometimes become more complex...

This is only a summary of the options available to provincially-regulated employers in Alberta as at April 14, 2020. It is important to keep in mind that this situation is fluid, and the government’s response to COVID-19 is developing rapidly. Please see full Chart below for more information.

As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, specifically - getting employees back on payroll or keeping them there. By keeping employees connected during this crisis, the return to employers’ normal...

Condominium corporations face particularly unique challenges due to the effects of COVID-19 restrictions on public gatherings, among other things. In response to these public health restrictions, the Minister of Service Alberta, the Honourable Nate Glubish, issued a Ministerial Order on April 9, 2020 that temporarily suspends a host of time frames and other requirements under various statutes,...

The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020. Field law has previously explained what the Subsidy means for employers.

We provided our most recent update on the Canada Emergency Wage Subsidy on April 1, 2020. On April 8, 2020, the Government of Canada announced changes which relax the eligibility requirements for the Canada Emergency Wage Subsidy (the “Subsidy”).

The Ontario Superior Court has just ruled that unit owners allowing third party contractors access to a condominium property to perform non-urgent work in their unit constitutes a matter of urgency. Last week, in York Condominium Corporation No. 419 v Black, 2020 ONSC 2066, a condominium corporation in Ontario sought an emergency court injunction against two unit owners when it discovered they...

On March 30, 2020, Ministerial Order 27/2020 from the Minister of Justice and Solicitor General suspended limitation periods and periods of time within which any step must be taken in any proceeding or intended proceeding, from March 17 to June 1, 2020, due to COVID-19. However, this Ministerial Order and the associated suspension of relevant timelines does not apply equally to all labour and...

On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time.

In the current state of the world where travel is essentially non-existent, employers who rely on any foreign workers are lost in a sea of unanswered questions. Field Law’s Immigration lawyers have many of the same queries and in an effort to help their own understanding and that of their clients, have gone right to the sources: Immigration, Refugee and Citizenship Canada (“IRCC”) and Employment

The ongoing COVID-19 pandemic has turned the world upside down and has changed the way that we go about our daily lives. Current public health recommendations include requirements for self-isolation, restrictions on gatherings, and physical distancing. In apartment-style condominium buildings, these recommendations are creating unique challenges and raising several issues that condominium...

Limitations under the Insurance Act Apparently Still Running - Alberta is the latest province to suspend the operation of statutory limitation periods in response to the COVID-19 pandemic. Yesterday, by Ministerial Order M.O. 27/2020, Minister of Justice and Solicitor General Doug Schweitzer ordered that limitation periods under a list of almost 100 statutes are suspended effective March 17

As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be looking to their insurers for the answer.

Appointing a personal representative is one of the first substantive things addressed in a Will and one of the key choices a person can make with respect to their estate plan. When a person dies without a will, someone must apply to the Court to obtain legal authority to administer the deceased’s Estate. In Alberta, the Estate Administration Act sets out a list of classes of people who can make...

The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided: The Subsidy is available to companies (including partnerships and sole proprietors), not-for-profits and charities.

Whether you saw it as a tweet or during a press conference over the weekend, President Trump announced that all social distancing must continue for Americans for at least another month, if not longer. While this isn’t the first or last update on COVID-19 precautions from the President, there has been plenty of mixed messaging on the immigration front...

Recent changes in legislation permit Alberta employers to use electronic signatures and maintain electronic employment records. These legislative changes are particularly helpful as employers navigate increasingly common work-from-home arrangements and virtual workplaces.

On March 30, 2020 the Government of Canada provided further details regarding the wage subsidy, now referred to as the Canada Emergency Wage Subsidy (the “Subsidy”). The Subsidy will be available to companies, not-for-profits and charities that have suffered a drop in revenues of at least 30%.

Much has been published in the last few weeks about the obligations of employers under the Occupational Health and Safety Act, SA 2017, c O-2.1 [OHSA] to ensure that work sites are safe and healthy (and we’ll have more to come about the obligation of employers to protect psychological health and safety during these uncertain times). However, it should not be overlooked that contractors and prime...

On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wage subsidy will be backdated to Sunday, March 15, 2020.

The Federal Government’s COVID-19 Emergency Response Act contains certain amendments to the Patent Act that permit the Federal Government authorize anyone to “make, construct, use and sell a patented invention to the extent necessary to respond to the public health emergency”.

Things are changing fast with an increasing number of COVID-19 diagnoses occurring in Canada and across the globe. Last week a large number of Albertans began working from home in an effort to self-isolate. This transition to an online office environment has been a fantastic achievement for a lot of small, medium, and large businesses, but working from home can be challenging, especially with the

Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19.

On March 23, 2020, the Government of Alberta announced new measures for private sector employers to help them cope with the financial effects of the COVID-19 crisis.

The COVID-19 Pandemic has unprecedented and wide-spread impact on commercial obligations. Many business relationships are being disrupted or suspended, and many business deals are delayed or completely cancelled. The global lock-down has companies scrutinizing their rights and obligations, and turning to the back pages of their contracts to check if a force majeure provision is in the fine print..