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Searching Content indexed under Litigation, Mediation & Arbitration by Field LLP ordered by Published Date Descending.
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1
How Dependent Must A Dependent Contractor Be?
The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law.
Canada
6 Sep 2019
2
Alberta Court Of Appeal Confirms The Limitation Period For Statutory Damages Claims Under PIPA
The Alberta Court of Appeal has recently confirmed that the limitation period under the Alberta Limitations Act
Canada
30 Aug 2019
3
Case Summary: Stewart Et Al. V Wood Et Al
The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.
Canada
2 Aug 2019
4
Case Summary: Merino v. ING Insurance
The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership.
Canada
2 Aug 2019
5
Case Summary: Sound Stage Entertainment Inc. v Burns
The Contributory Negligence Act of Saskatchewan only provides for apportioning damages among co-tort-feasors in instances of negligence.
Canada
2 Aug 2019
6
Case Summary: Jane Doe 72511 v Morgan
After the Plaintiff was assaulted by her domestic partner while living with him in his parents' home and he published a pornographic video of her on the internet
Canada
2 Aug 2019
7
Case Summary: SWAT Consulting Ltd v Canadian Western Bank
An insurer is not required to pay a third party contractor after having previously paid their insured
Canada
1 Aug 2019
8
Case Summary: Goddard v Bayside Property Services Ltd
The British Columbia Court of Appeal held that a plaintiff can establish liability in an occupiers' liability case by circumstantial evidence when he/she cannot remember how he/she slipped and fell.
Canada
1 Aug 2019
9
Fairness Is In The Eye Of The Beholder In The Tender Process
The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals ("RFPs"), requests for quotations ("RFQs") or other similar processes have also been developed, with varying levels of adherence to the traditional tender model.
Canada
31 Jul 2019
10
Reality Check: Can You Contract Out Of Being An Employer?
With great power comes great responsibility. Certainly this is true of employer-employee relationships, where the power imbalance generally
Canada
17 Jul 2019
11
Public Communications That Do Not Cross The Line: Dealing With Claims Of Defamation
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician's defamation claim against his regulator
Canada
25 Jun 2019
12
Human Rights Tribunal Renders Landmark Costs Award Against Complainant
In Facey v Bantrel Management Services Co., 2019 AHRC 4 the Alberta Human rights Tribunal made a watershed costs award against a complainant
Canada
17 Jun 2019
13
Ontario Court Of Appeal: No Independent Tort Of Harassment … Yet
Merrifield v The Attorney General, 2019 ONCA 205, represents the first case in which a Canadian appellate court has considered whether a common law tort of harassment exists.
Canada
1 Apr 2019
14
Municipal Minute: Case Comment On McAllister v. Calgary
It is a center loading platform without any grade level access.
Canada
27 Mar 2019
15
Case Summary: R v Ahmed
Charges for distracted driving were widened in scope by including cell and smart phones in the definition of "hand held electronic" and "wireless electronic" devices in the Traffic Safety Act.
Canada
11 Mar 2019
16
Case Summary: Entwhistle v Wells
Where a plaintiff's vehicle is damaged to the point of becoming a constructive total loss due to a defendant's negligence,
Canada
11 Mar 2019
17
Case Summary: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
The Alberta Court of Appeal clarifies the test for summary judgment and dismissal.
Canada
11 Mar 2019
18
A New Approach To The Reasonable Expectation Of Privacy: R v Jarvis, 2019 SCC 10
Though it emerges in a criminal law context, the new decision of the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 is likely to have an impact on future cases that consider the scope of an individual's privacy interest, whether in the criminal or civil sphere.
Canada
28 Feb 2019
19
Show Me The Money! Timing The Release Of Holdback
In Alberta, where a contractor is of the opinion that the work under its contract is substantially performed, the contractor may issue ...
Canada
14 Feb 2019
20
Uncertainty Around Burden Of Proof For Summary Judgment Resolved
The law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balance
Canada
14 Feb 2019
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