November 2022
Welcome to the November 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!
Two Words Too Many? Drafting Termination Provisions in an Employment Contract is Delicate Work | A recent decision from the Alberta Court of Appeal offers a good reminder of the care employers need to take when drafting termination provisions. When a term in an employment contract can be reasonably interpreted in more than one way, Courts generally prefer the interpretation that gives the greater benefit to the employee. Kimberly Precht reviews the three sources of law that apply to an employee’s rights upon termination of their employment: employment standards statutes, the common law, and contract law.
What Does the "Right to Disconnect" Mean + How Does it Affect Alberta Employers?Alberta employers with workers in Ontario should be aware of these policy requirements and consider how to address these changes if they come to Alberta.
An Employer's Guide to Hybrid Work Arrangements | Employers have been navigating the COVID-19 pandemic longer than anticipated, creating unforeseen challenges for management and human resources departments. As the dust continues to settle, many employers are moving to implement fully remote or hybrid work models for their workforce. On October 27, Field Law's Labour and Employment Group held a comprehensive half-day workshop that provided attendees with tips and resources to help optimize remote and hybrid work arrangements while avoiding legal pitfalls.
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Occupiers’ Liability: Refresher on Key Issues + How to Use Biomechanical Evidence | Successfully defending a trip and fall/slip and fall claim starts with a solid understanding of the Occupiers’ Liability Act. It also involves understanding when to engage experts to provide biomechanical evidence that can help provide clarity on causation and the likelihood of injury. On November 16, we held a complimentary webinar with MEA Forensic that discussed key provisions of the Occupiers’ Liability Act, situations involving overlapping insurers and a concurrent duty to defend, and more!
People, Pets + Parking: A Potpourri Q+A Session for Property Managers | Erin Berney and John Gilbert hosted a complimentary webinar on November 18 on the challenges Property Managers see most frequently: people, pets and parking. November's presentation was a potpourri Q+A session where they covered some of the hot topics they didn't have a chance to cover yet this year, including best practices around addressing noise complaints and options when dealing with repeat offenders.
Legal Obligations of Condo Board Members: Financial Update | With the recent dramatic rise in interest rates, it has grown increasingly challenging for condominium corporation boards to understand the implication on their financial obligations. Join Field Law's Erin Berney and National Bank Financial’s John Green on December 2nd for a complimentary Q+A session that will address the implication on condo board borrowing, banking and investing initiatives and the legal implications on condo board members relative to corporate finances.
Alberta Legislative Session Prorogued: Bill 23 Will Die on Order Paper | Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legislative session effective October 30, 2022. This ends the current legislative session without dissolving the current Government. Bill 23 was scheduled for discussion at a Committee of the Whole on October 31, 2022, so it will die on the Order Paper. This means that Bill 23 will not be enacted into law in this legislative session.
Complete or Not Complete: When is Substantial Performance Attained? | In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite time has elapsed. How can a lien claimant determine when its lien rights may expire if the date of substantial performance or completion as noted in a certificate differs from the date the certificate was posted? What date should be used to determine the time limit to register a builder's lien? The Supreme Court of British Columbia faced these questions in Powerhouse Sheet Rock v AFC Industries, 2022 BCSC 1484.