Publications

New Employment Leave Introduced in New Brunswick: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave
September 17, 2018

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”).

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The Supreme Court of Newfoundland and Labrador to clarify probate fees payable pursuant to the Services Charges Act
September 4, 2018

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 […]

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The Interplay between Workers’ Compensation and the Duty to Accommodate
August 22, 2018

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.

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Revisiting Pound v. iWave: Lessons for Employers
August 2, 2018

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.

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Two IMEs, one doctor: Retaining the same medical expert to examine an insured individual involved in two accidents
August 1, 2018

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.

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Before and After: NS Supreme Court Decision on CPP Benefit Deductability
July 27, 2018

The Nova Scotia Supreme Court has decided that Canada Pension Plan disability benefits are not deductible from damages of future income loss or lost earning capacity arising from a motor vehicle accident. The recent decision of the Supreme Court of Nova Scotia in Holland v Sparks1 decides a question of law on whether s.113A of the Insurance Act applies to future Canadian […]

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New Brunswick Update: Notice Now Required to Sue a Municipality
July 25, 2018

On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.

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Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment and Expedited Dispute Resolution
July 25, 2018

The New Brunswick Legislative Services Branch is considering recommending changes to the Mechanics’ Lien Act (1973), the main Construction Law statute in the Province.

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Police in NL to Lead Workplace Investigations
July 24, 2018

Newfoundland and Labrador’s provincial police service, the Royal Newfoundland Constabulary (the “RNC”), has recently begun working with Calgary Police Service to change how investigations of workplace incidents will be instituted.

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