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Searching Content indexed under Litigation, Mediation & Arbitration by Field LLP ordered by Published Date Descending.
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1
Precise Language Needed To Override Reasonable Notice
It is fairly common for a written employment agreement to seek to limit an employee's termination notice to the minimum amount prescribed under employment standards legislation
Canada
23 Nov 2018
2
No Appeal Of The Cardinal Decision: SEF 44 Coverage And Automobile Used Without Consent
On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).
Canada
21 Nov 2018
3
Court Upholds Decision To Allow Post-Incident Drug And Alcohol Testing After Near Miss
The Alberta Court of Queen's Bench has dismissed an application for judicial review of an arbitration award upholding an employee's decision to submit two employees to drug and alcohol
Canada
14 Nov 2018
4
Case Summary: Heuring v Smith
The Court assessed liability between a Plaintiff who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a "blind spot" created by a pillar in his vehicle...
Canada
9 Nov 2018
5
Case Summary: Green v Khattab
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld
Canada
9 Nov 2018
6
Don'cha Know, We're Talking About A Revolution: The Alberta Court Of Appeal Makes OHS Law Fair
Since its issuance, R. v Precision Diversified Oilfield Services Corp, 2018 ABCA 273, has caused the Crown to re-evaluate all charges including the language of "reasonably practicable" (for employers or prime contractors).
Canada
31 Oct 2018
7
Court Upholds Decision To Allow Post-Incident Drug And Alcohol Testing After Near-Miss
Two employees were involved in a near miss accident just outside Fort McMurray.
Canada
31 Oct 2018
8
Canada
2 Oct 2018
9
Freedom Of Speech + Professional Discipline: Striking The Balance
In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere.
Canada
2 Oct 2018
10
Punitive And Aggravated Damages – Exceptional But Necessary Remedies
Ruston was asked to take time off work, and later he received an alert that his e-mail account was disabled.
Canada
24 Sep 2018
11
Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd.
In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee's counsel.
Canada
31 Aug 2018
12
Case Summary: Greenidge v. Allstate Insurance Company
Unlike the situation with litigation independent medical examinations per Rule 5.42, a Section B insurer is entitled to insist that the insured attend an independent medical examination per Section B Special Provision 4...
Canada
31 Aug 2018
13
Case Summary: Khudabux v. McClary
In the case of a crumbling skull plaintiff the Court will apportion responsibility to the different accidents involved where the injuries in question are not indivisible.
Canada
31 Aug 2018
14
Supreme Court Defers To Law Societies In Denial Of TWU's Law School
The evidence also showed that the assault was not noticed by the personnel monitoring the video surveillance footage.
Canada
23 Aug 2018
15
Case Summary: Temple Insurance Company V. Sazwan
Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multimillion dollar claim and an acrimonious relationship...
Canada
17 Jul 2018
16
Case Summary: Gharbi v. Summit Acceptance Corp.
Gharbi was in a motor vehicle collision while driving a Chevrolet Cruze that had been provided to him by an auto dealership, CMP Automotive, while CMP repaired his vehicle.
Canada
16 Jul 2018
17
Case Summary: Rankin (Rankin's Garage & Sales) v. J.J.
In July 2006 in the village of Paisley Ontario, the 15-year-old Plaintiff J and his 16-year-old friend C became intoxicated at C's home when they drank alcohol (some provided by C's mother) and smoked cannabis.
Canada
16 Jul 2018
18
Case Summary: Du v. Jameson Bank
A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank.
Canada
16 Jul 2018
19
Case Summary: Capelet v. Brookfield Homes
A Plaintiff's claims for psychological and physical injury arising from the discovery of mould in his home (which had been rectified within a few months) ten years in the past were summarily dismissed.
Canada
16 Jul 2018
20
Case Summary: Waissmann v Calgary (City)
The Plaintiff Waissmann was one of several passengers on a City of Calgary bus driven by the Defendant Cummins.
Canada
16 Jul 2018
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