At the Very Lease…What to Know Before you Sign a...

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 […]

To Order an Advance Payment to a PEI Motor Vehicle...

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 […]

Rule 22 Motions: No Discovery? No Problem!

In Linda Trevors v. Anne Doucet, Lea Allard, Enterprise Rent-A-Car Canada Company, and Co-operators General Insurance,1  (hereinafter “Trevors v. Doucet”) the moving party applied for summary judgment early in the proceeding.  Discovery had not yet occurred.  The applicants were successful on the motion despite allegations it was premature. Background On May 16, 2015, a head […]

New Occupational Health and Safety Regulations in New Brunswick: Addressing...

New Brunswick has introduced new regulations under the General Regulations – Occupational Health and Safety Act (“OHSA”) aimed at identifying and preventing workplace violence and harassment (the “New Regulations”). The New Regulations will take effect April 1, 2019. The New Regulations have been introduced to address problematic workplace conduct, including bullying, physical violence, verbal abuse, […]

Environmental Obligations in Bankruptcy – Who is Responsible?

The Supreme Court of Canada (“SCC”) released its decision in Orphan Well Association v Grant Thornton Ltd., 2019 SCC 51 (“Redwater”) on January 31, 2019. The case is expected to have sweeping implications for the Oil and Gas industry in Alberta, but the implications extend beyond that industry, and beyond that province. Background In Redwater, […]

Significant Development in the Law of Guardianship in Newfoundland and...

In Re A.A., the Newfoundland and Labrador Court of Appeal has affirmed that the Supreme Court Trial Division may grant general orders for a unique form of guardianship of adults who live with a mental disability. Commonly known as “Guardianship of the Person”, this kind of order gives the Court-appointed guardian the plenary authority to […]

The Importance of Plaintiff Credibility in Determining Causation

A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. Background On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March […]

QuadrigaCX

Law firms Miller Thomson LLP and Cox & Palmer have been appointed as Representative Counsel on behalf of the approximately 115,000 users affected by the shutdown of the QuadrigaCX cryptocurrency exchange. Users affected by the Quadriga case are invited to contact Representative Counsel via the dedicated website.

Revised Labour Standards for Federal Employers

On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]

Structuring Your Fishing Business for Growth: Selecting the Optimal Business...

Have you received advice from an accountant or a lawyer on the best way to structure your fishing business? If so, did that advice take the most recent Income Tax Act amendments into consideration? Finding the structure that is optimal for your circumstances can make a world of difference to you and your family.