The Supreme Court of Canada Ends the Debate – Waiver...

  On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. The Court allowed the appeals, and struck the plaintiffs’ claims on the basis that they disclosed no reasonable cause of action. Background Atlantic Lottery Corporation (“ALC”), which is constituted by the four […]

Canada’s valuable COVID-19 research vulnerable to Russian, Chinese hacks

In late March, Canada’s Communications Security Establishment warned researchers across the country to secure their COVID-19 data because “sophisticated threat actors” were exploiting the chaos of the pandemic in an effort to steal critical vaccine research. However, there has been little to no discussion beyond the CSE’s repeated warnings as to just what is being done to protect the important work of our local health and science experts.

Receiverships and COVID-19 – Is the Pandemic Sufficient Cause for...

In Choice Properties Limited Partnership v Penady (Barrie) Ltd., 2020 ONSC 3517, the Ontario Superior Court of Justice weighed in on what constitutes a fair and reasonable sale procedure during the ongoing COVID-19 pandemic.

Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance litigation Case Law Updates from across the region.

Peace of Mind: Step by Step Process of Planning Your...

The Estates & Trusts team at Cox & Palmer is here to help you prepare your will.  These are important steps to take now for peace of mind later.

Witnessing Wills in Newfoundland and Labrador: What does “in the...

Section 2 of the Wills Act (Newfoundland and Labrador, the “Wills Act”) sets out the legal requirements for the making of a valid will. To be valid, a will must first of all be in writing. Formal Execution and Witnessing Requirements A will that is entirely in the handwriting of the testator and signed by […]

Absolute Liability: Applicability and Exceptions – When Is It Absolute?

What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy.  Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to […]

Without Cause Termination Provisions: The Potential Ace in an Employer’s...

The New Brunswick Court of Queen’s Bench has recently clarified the law regarding without cause termination provisions. The decision, Stéphane Vienneau v. Joy Global (Canada) Ltd., 2020 NBQB 76, explains that a properly worded termination provision is valid and enforceable even if it limits the employee’s entitlements to those set out in the Employment Standards […]

Temporary Lay-off Period Extended in Newfoundland and Labrador

On June 12, 2020, legislation was passed temporarily amending the Labour Standards Act (the “Act”) to extend the period of temporary layoff contemplated in the Act. Background Previously, under section 49 of the Act, an employee on temporary layoff for a period exceeding 13 weeks over a consecutive 20 week period would be considered to […]

Proposed Replacement to the New Brunswick Mechanics Lien Act Introduced...

The New Brunswick Office of the Attorney General has recently submitted a proposed replacement to the current Mechanics Lien Act, SNB 1973, c.M-6. The new Act, called the Construction Remedies Act, was introduced in the provincial legislature for first reading on June 9, 2020. The proposal is to repeal the current Mechanics Lien Act and […]