Publications

Employment & Labour – Top Ten Cases of 2018
January 14, 2019

2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]

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#MeToo and Your Corporate Culture
January 9, 2019

Over a year has passed since October 15, 2017, the date that Alyssa Milano famously tweeted #MeToo, as a show of support for those who asserted they were sexually harassed or assaulted by Harvey Weinstein and to seek to illustrate the magnitude of the problem. Within 24 hours, the tweet generated more than 12 million […]

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Up Close and Personal…Guarantees
December 12, 2018

Securing bank financing could very well be the springboard to take your business to the next exciting level. A personal guarantee may be a condition of that financing, but don’t be scared off. Knowledge and experienced guidance can help you work with the lender to take the business successfully forward.

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Parties, Cocktails & Cannabis – the Triple Threat for Host Liability
November 29, 2018

This is the first holiday season in the post-legalization of cannabis era. If, as an employer, you are planning a holiday gathering, you should be aware that you may be exposing your company to significant financial liability for the actions of an impaired guest. The concept of host liability is not new, but with the […]

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Deducting Collateral Benefits From Loss of Income Claims
November 26, 2018

On Tuesday, November 20, a panel of Cox & Palmer insurance lawyers from across the region presented our Advance 2018 Insurance Law Webinar, which covered the latest on the Common law and Legislative law approaches to deductibility related to loss of income claims. As part of the webinar materials, we prepared a paper and a handout, which we have linked below for your reference. We have also provided a link to the full webinar, which you can view and listen to at your convenience.

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In Callidus we “Trust” – The SCC Rules on the Deemed Trust Provisions of the Excise Tax Act and Overturns the Federal Court of Appeal Ruling in Callidus Capital Corporation v. Her Majesty the Queen
November 16, 2018

Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47 (SCC) Callidus was a secured creditor of Cheese Factory Road Holdings Inc. Pursuant to a trust agreement, Cheese Factory held all funds received in trust for Callidus and remitted them to be applied to its debt. The amounts paid to Callidus under this arrangement […]

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A Closer Look at Illicit Loans and Financial Assistance in Newfoundland and Labrador
November 15, 2018

A few years ago, we canvassed the now outdated and antiquated financial assistance (or illicit loan) provisions that remain in the Newfoundland Corporations Act (the “Act”) and the problems they create for financial institutions seeking guarantees in financing transactions. This article seeks to examine in greater detail the solutions and work-arounds.

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Who Owns That School? The Crown and the Validity of Lien Claims
November 14, 2018

Terra Services Inc. v. Her Majesty the Queen 2018 NLSC 221 As the Province of Newfoundland and Labrador remains a major driver of local construction and development the issue frequently arises as to whether the protections intended by the Mechanics’ Lien Act (“MLA”) can be extended to these provincial projects.  As a general rule, the […]

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Canada’s new data breach notification rules: What you need to know
November 1, 2018

All businesses, big and small, need to be ready for Canada’s new mandatory data breach notification rules under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

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