Future Care Costs for Cannabis in Personal Injury Claims

As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still exists, but under new regulations passed under the authority of the Cannabis Act.

Disciplining Employees for Off-duty Social Media Use: When is it...

When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]

Seasonal Worker Did Not Qualify as “Employed” for Purposes of...

In Temple v. Aviva Insurance Company of Canada,1 the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance […]

Proposed Changes to the Automobile Insurance Act and the Insurance...

Proposed changes to the Automobile Insurance Act and the Insurance Companies Act received second reading in the House of Assembly on April 15, 2019. Key changes to the Automobile Insurance Act include: A requirement that an insurer will notify the Registrar of Motor Vehicles of a cancellation or expiration of any auto insurance policy. A […]

Nova Scotia Aims to Supercharge Start-up Growth With Revised Equity...

In January 2019, Nova Scotia’s Finance and Treasury Board announced changes to the Province’s Equity Tax Credit program. Additional changes followed in the Nova Scotia 2019 Spring budget.

Amendments to Statement of Claim May Be Allowed After Expiry...

The recent decision of McKenna v Stewart1 sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out […]

New Brunswick Court of Appeal Rejects Loss of Inheritance Claim...

The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising out of the accidental death of […]

Agreement on the Atlantic Accord

On Monday 1 April 2019 the Government of Canada and the Government of Newfoundland and Labrador announced a deal described as an agreement to amend and update the Atlantic Accord. The 2019 Agreement The original Atlantic Accord, agreed between Canada and the Province in 1985, was a comprehensive document which established the joint management system […]

Court Denies Plaintiff’s Application for an Advance or Periodic Payment

In White v. Meiting,1 the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, […]

Employer’s Refusal to Hire Medical Cannabis User Upheld by NL...

In a closely watched decision, the Supreme Court of Newfoundland and Labrador (the “Court”) recently upheld an arbitration decision that endorsed an employer’s decision to refuse employment on the basis of an individual’s medical cannabis use. In International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. v IBEW, Local 1620 (Tizzard), Re, 2018 CarswellNfld 198, […]