October 22, 2018

True Lessors, the CCAA and Allocation of Administrative Expenses

In Atlantica Diversified Transportation Systems Inc. (Re), 2018 NSSC 77, the Supreme Court of Nova Scotia considered whether a true lessor is exempt from payment of expenses covered by an administration charge in Companies’ Creditors Arrangement Act (“CCAA”) proceedings. A determining factor on a claim for exemption is whether the lessor received a benefit – […]

October 18, 2018

Post-Incident Alcohol and Drug Testing Addressed by NL Court of...

A recent decision of the Newfoundland and Labrador Court of Appeal in Hibernia Platform Employers’ Organization v. Communications, Energy and Paperworkers Union1 puts employers on notice to be cautious in implementing post-incident drug testing, even where such testing is contemplated in an employer’s alcohol and drug policy. Background The Hibernia Platform Employers’ Organization (“HPEO” or […]

October 16, 2018

Nova Scotia: Marine Renewable-energy General Regulations – Important Considerations for...

In continuation of the series of publications on the legislative and regulatory framework being developed for the tidal energy industry in Nova Scotia, this article highlights some important considerations for tidal energy project developers that arise out of the recently promulgated Marine Renewable-energy General Regulations (the “Regulations”) under the Marine Renewable-energy Act (the “Act”) that came into force on January 23, 2018.

October 1, 2018

Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations

The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.

September 24, 2018

Getting Your ‘Duck-uments’ in a Row: Why Proper Corporate Records...

Incorporating a company in Newfoundland and Labrador is a fairly easy and painless process: three simple online forms and a filing fee gets you an official certificate of incorporation. In an effort to be cost-conscious, many new business owners take care of this requirement themselves, never realizing (until it’s too late) that this is only one small step in the corporate set-up and organization process.

September 17, 2018

New Employment Leave Introduced in New Brunswick: Domestic Violence Leave,...

Recent legislative changes in New Brunswick have introduced a new employment leave available for employees: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave (“Violence Leave”).

September 4, 2018

The Supreme Court of Newfoundland and Labrador to clarify probate...

In Newfoundland and Labrador, fees commonly referred to as “probate fees” are payable to the Crown by the estate of a deceased person “in return for a grant of letters of probate or administration” pursuant to the Services Charges Act1. The probate fee payable is calculated pursuant to subsection 4(3) of the Act, which was amended on […]

August 22, 2018

The Interplay between Workers’ Compensation and the Duty to Accommodate

In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.

August 2, 2018

Revisiting Pound v. iWave: Lessons for Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

August 1, 2018

Two IMEs, one doctor: Retaining the same medical expert to...

The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.