Publications

Seasonal Worker Did Not Qualify as “Employed” for Purposes of Loss of Income Payments under Automobile Insurance Policy
April 18, 2019

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 […]

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Nova Scotia Aims to Supercharge Start-up Growth With Revised Equity Tax Credit – Updated following Spring 2019 Provincial Budget: Corporate Investors Now Eligible
April 15, 2019

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.

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Amendments to Statement of Claim May Be Allowed After Expiry of Limitation Period
April 9, 2019

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 […]

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New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting
April 9, 2019

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 […]

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Agreement on the Atlantic Accord
April 8, 2019

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 […]

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Court Denies Plaintiff’s Application for an Advance or Periodic Payment
April 2, 2019

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, […]

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Employer’s Refusal to Hire Medical Cannabis User Upheld by NL Court
March 29, 2019

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, […]

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At the Very Lease…What to Know Before you Sign a Commercial Lease
March 18, 2019

It’s exciting when your business grows beyond the family basement (or your dining room table) and is ready to take up commercial space of its own. Leasing space, whether a storefront or an office, is a sign of business legitimacy, sustainability, and growth. Like any contract, a commercial lease sets out the terms that the […]

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To Order an Advance Payment to a PEI Motor Vehicle Accident Plaintiff – or Not – That Was the Question
March 15, 2019

In Fraser v. Runighan 2018 PESC 261, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now Rule 22.1) of PEI’s Rules of Civil Procedure. Background Pursuant to Rule […]

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