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Skip the Scabs: Federal Government to Ban Use of Replacement...

Strikes and lockouts cause massive interruptions in an employer’s operations. When faced with a strike or lockout, employers will sometimes use replacement workers to continue their operations and ease the financial consequences. Replacement workers, colloquially known as “scabs”, are people who are hired or used to temporarily perform the bargaining unit work of the unionized […]

Amendments to the Canada Business Corporations Act Officially Ends Ownership...

New amendments to the Canada Business Corporations Act (Federal) (“CBCA”) are about to come into force on January 22, 2024, which will once again change requirements regarding transparency and public disclosure of corporate ownership in Canada. Amendments to ISC Disclosure Requirements The Federal Government will now seek automatic disclosure of information pertaining to an “Individual […]

Employment & Labour – Top Ten Cases of 2023

Another year, and more important legal developments in the employment and labour fields. Below we have summarized what we believe are the top 10 Canadian employment and labour decisions of 2023 (with an 11th thrown in for good measure) that employers should be aware of: R v Greater Sudbury (City), 2023 SCC 28 Split decision […]

Landmark Decision in Ontario: NBA Star Wins Recission in Hidden...

In a groundbreaking decision that highlights the importance of full disclosure in real estate transactions, an Ontario judge has ruled in favor of NBA star Shai Gilgeous-Alexander. The case, 1000425140 Ontario Inc. v. 1000176653 Ontario Inc., 2023 ONSC 6688, centers around the purchase of a luxury home in Burlington, Ontario, where the judge ordered recission […]

This Month in Nova Scotia Family Law – December 2023

Strait-Hinnerichsen v Strait-Hinnerichsen, 2023 NSSC 340. Judge: Honourable Justice Ingersoll Subject: Division of Assets, Unequal Division, Parenting, Child Support, and Special and Extraordinary expenses. Summary: The parties separated after almost 20 years of marriage. They have agreed to a shared parenting arrangement. Each issue in this decision will be discussed separately below. The first issue concerned […]

December 14, 2023

Eligibility to Receive Medical Assistance in Dying

On March 17, 2021, several amendments to the Criminal Code modified the eligibility requirements for access to medical assistance in dying (“MAID”), building on the assisted dying framework first implemented in the Criminal Code in 2016. While the topic has its basis in criminal law, the implications of MAID are relevant to estate planning and […]

A Step Back for Holdback Trust Accounts: Amendments to New...

New Brunswick’s Construction Remedies Act (the “Act”) received Royal Assent on December 18, 2020.  The “new” Act, which replaces the Mechanic’s Lien Act, applies to all construction contracts entered into on or after November 1, 2021. On April 1, 2022 sections 37 and 38 of the Act came into force, creating and outlining the requirements […]

In New Brunswick, Can You Make a Claim Against Your...

In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick.  In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]

Learning from Losing: Debriefing under the Public Procurement Act

Five years after repeal of the Public Tender Act, specific details of the operation of the Public Procurement Act (the “Act”) remain a mystery to many. This is concerning given the Act’s stated objectives of transparency and accountability. Debriefing is a key mechanism to meet these objectives but, based on client and industry interactions, it […]

This Month in Nova Scotia Family Law – November 2023

CT v JB, 2023 NSSC 351 Judge: Justice Lee Anne MacLeod-Archer Subject: Costs Summary: The parties participated in a nine day hearing on the issues of parenting and child support.  CT was awarded primary care and decision-making responsibility and JB was ordered to pay prospective and retroactive child support.  CT sought lump costs of $60,000 inclusive […]