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 […]

Enduring Powers of Attorney in New Brunswick: Where We Are...

Introduction Powers of attorney are documents in which an individual (called a “grantor”) can appoint another individual or individuals (called an “attorney”) to make decisions on their behalf during their lifetime. Powers of attorney can be drafted to deal with decisions with respect to property matters and/or decisions with respect to personal care (i.e. health […]

Re Norcon Marine Services Ltd.: Court-appointed vs. Private-appointed Receivers

On December 30, 2019 the Supreme Court of Newfoundland and Labrador (the “NLSC”) released its decision in Re Norcon Marine Services Ltd. (“Norcon”) dismissing both an application by a debtor, Norcon Marine Services Ltd., for creditor protection under the Companies’ Creditors Arrangement Act (the “CCAA”), and a competing application by a secured creditor, the Business […]

Old House or Provincial Landmark? Designating Heritage Properties in Nova...

Heritage Properties are structures or areas of land that have historical, cultural, social, or spiritual importance to a community. A building or parcel of land can be “designated” a heritage property, meaning it is registered in a database of other properties with community value, and the property becomes subject to that province’s heritage property legislation.

Caveat Creditor: When CRA Deemed Trusts Outrank a Mortgage

It has been said that nothing in this world is certain, other than death and taxes. Whether any given tax is ‘certain’ can be debated (our tax team is here to help), but the Federal Court of Appeal has weighed in on the priority of certain tax claims in Toronto-Dominion Bank v. Canada, 2020 FCA […]

COVID-19 Travel Restrictions in Atlantic Canada – A Summary for...

This article was last updated on July 14, 2020 While the term “unprecedented” is being used frequently in the context of the COVID-19 pandemic and the measures that have been taken in response to it, one context where the word can legitimately be applied is the restrictions to inter-provincial travel that have been introduced in […]

Newfoundland and Labrador’s COVID-19 Response – Information for Businesses

This article was revised to include updates as of June 8, 2020 On March 18, 2020, the Minister of Health and Community Services for Newfoundland and Labrador declared a Public Health Emergency under the Public Health Protection and Promotion Act. This declaration continues in effect; along with the accompanying Orders under the Act, and has […]