Document(s) published by this organization: 19
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|Why You Should Act Now to Protect Your Intellectual Property in Canada|
Lisa Statt Foy; Field Law;
March 23, 2016, previously published on February 17, 2016Significant amendments to Canada’s Trademarks Act (the “Act”) have been passed, but are not yet in effect. The legislative changes are rumored to come into effect sometime in early 2018, which - if filed soon - may be sufficient time to allow an application to proceed to...
|What Happens When a Franchise Agreement Ends - Part Three: Rescission|
Richard Stobbe; Field Law;
March 23, 2016, previously published on February 17, 2016In our previous posts (See Part 1 and Part 2), we reviewed restrictive covenants and cancellation rights under franchise laws. In a recent decision of the Ontario Court of Appeal, the dispute focused on the right of rescission. As the court put it, the case of Caffé Demetre Franchising Corp....
|The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs|
Jason Kully, Gregory Sim; Field Law;
March 23, 2016, previously published on February 29, 2016In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer incentive programs.”
|Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory|
James Casey, Jason Kully; Field Law;
March 23, 2016, previously published on January 27, 2016In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (“APEGA”) to require an internationally educated engineer...
|Gender Identity and Gender Expression Are Now Prohibited Grounds of Discrimination Under The Alberta Human Rights Act|
Christin Elawny; Field Law;
March 23, 2016, previously published on January 7, 2016As of December 11, 2015, gender identity and gender expression are prohibited grounds of discrimination under the Alberta Human Rights Act. Under section 7 of the Act employers cannot refuse to employ or to continue to employ any person, or discriminate against any person with regard to employment...
|Police and Adjuster Statements - Admissible or Not?|
Tessa Gregson, Sharon Stefanyk; Field Law;
November 10, 2015, previously published on October 20, 2015The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance adjuster is admissible in a police investigation or criminal proceedings.
|Standard of Review in Discipline Matter|
October 30, 2015, previously published on October 19, 2015 A paramedic was disciplined by a Discipline Committee of the Saskatchewan College of Paramedics for failing to administer a 12-lead ECG test to a patient, used to identify whether a patient is having a heart attack, and thus failing to follow proper protocol. The Discipline Committee concluded that...
|Professional Regulatory Training: A Commitment to Excellence|
James Casey; Field Law;
October 30, 2015, previously published on October 19, 2015 Professional regulatory organizations are committed to the ongoing professional development of their members. Equally, professional regulatory organizations should be committed to the ongoing professional development of their regulatory committees and administrators. The reasons are self-evident:...
Leah McDaniel; Field Law;
October 30, 2015, previously published on October 19, 2015 Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned for significant delay.
|October 2015 Brings Key Upcoming Employer Obligations: Minimum Wage Increases and Federal Election Responsibilities|
Leah McDaniel; Field Law;
October 26, 2015, previously published on September 2015The month of October 2015 brings two key milestones that all Alberta employers should be aware of. First, on October 1, 2015, the minimum wage in Alberta will increase. Second, on October 19, 2015, the federal election will take place. Employers have important obligations to their employees on...