April 12, 2021

Significant Changes to the Divorce Act RSC 1985 c 3

Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3 (hereinafter referred to as the “Act”). The amendments to the Divorce Act are substantial, the first significant updates to the Act […]

Family Law Mediation: why cut what you can untie?

The breakdown of a marriage or relationship can be an overwhelming and tense time for the family unit. It is a financial, emotional and legal crisis. A drawn out legal proceeding can come at a high financial and emotional cost and it can further damage an already strained relationship. While an aggressive legal strategy may […]

Mandatory Masking Human Rights Complaint Rejected

The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain  exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]

The Use of Wearable Technology Among Athletes and its Potential...

Professional sport has officially arrived in Halifax. The Halifax Hurricanes have been competing in the National Basketball League of Canada since late-2015; the HFX Wanderers almost won the Canadian Premier League in its second season; rumours of a Canadian Football League team coming to Halifax continue to swirl[1]; and the Halifax Thunderbirds were at the […]

Section D Claims and Two Examples of Interplay with Other...

Insurance policies and statutes provide for insurance claims to be brought forward in a variety of ways. Oftentimes, there are a plurality of claims happening at the same time. An insurer must identify the relationship between the claims with the view of reaching an efficient and effective resolution to the matter. This article discusses two […]

Intra-Company Transferee Work Permits: A possible solution despite current travel...

Throughout the past year, COVID-19 and the resulting international border closure has complicated the pathway to Canada for many. Nonetheless, there are still a number of options available to those wishing to come to Canada, whether on a temporary basis or with the ultimate goal of permanent resident status in mind. Intra-Company Transferee Work Permit: Overview […]

Breach of COVID-19 Policy Justifies Termination

COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]

Landlord Protection Against Frequent, Short-Term Sublets

As platforms such as Airbnb become ever more popular, tenants will increasingly seek to sublet their units on a frequent, short-term basis – potentially to even turn a profit. Although in principle sublets benefit both landlords and tenants, the unfortunate reality is that if used improperly they can create a major problem for landlords. A recent court decision has provided protection for landlords.

SCC Provides Clarity Re Anti-Deprivation Common Law Rule

Earlier this fall, the Supreme Court of Canada (“SCC”) released its decision in Chandos Construction Ltd. v. Deloitte Restructuring Inc. (“Chandos”) . The SCC agreed with the Alberta Court of Appeal in holding that a price-reduction clause in a subcontract between Chandos and the bankrupt subcontractor violated the common law anti-deprivation rule. Chandos, a general […]

February 4, 2021

Municipal Planning Appeals: Defying the Odds

A 10 year review of appeals of municipal planning decisions before the Nova Scotia Utility and Review Board (UARB) shows that the UARB rarely overturns decisions of municipal councils and even more rarely if the appeal has been launched by interested citizens. Appeals by developers have been marginally more successful. But it would be wrong […]