Breach of Post-Employment Obligations: A Costly Lesson for Employers

Written by Jenna B. Smith, Associate in Fredericton As explained recently by the Ontario Court of Appeal decision Titus Steel Company Limited v. Hack, 2025 ONCA 693 (CanLII), even when a former employee breaches their post-employment obligations, the breach may not give rise to damages. Even worse, the Employer can be ordered to pay costs […]

Limiting Liability by Contract

Written by F. Richard Gosse. Background The concept is not new – parties committing to provide work or services decide to write down what each expects of the other: a scope of work, a mechanism for payment, some general provision for timelines, changes, and warranties or the like. More sophisticated engagements may (or may not) […]

Notice to Employers: Be Careful – Your Employees Might Be...

Introduction Artificial intelligence holds the promise of delivering new waves of efficiency and productivity in the workplace, but it also carries risk for employers who don’t mitigate operational, reputational, and legal risks associated with unauthorized use. Generative AI platforms such as ChatGPT, Google Gemini, and Microsoft Copilot are free tools at the fingertips of employees. […]

Canada’s Artificial Intelligence and Data Act (AIDA) 2024: A Comprehensive...

Introduction to AIDA In a pivotal move to navigate the rapidly evolving landscape of artificial intelligence (AI), Canada introduced the Artificial Intelligence and Data Act (AIDA) as part of Bill C-27, the Digital Charter Implementation Act, 2022. Marking a significant stride towards a regulatory framework, AIDA ensures the safe and responsible development and deployment of […]

Navigating Artificial Intelligence Liability: Air Canada’s AI Chatbot Misstep Found...

Introduction The recent ruling against Air Canada by the Civil Resolution Tribunal of British Columbia has sent ripples through the business and legal communities. The case centered around misinformation provided by Air Canada’s chatbot, leading to a landmark decision on AI accountability. This article delves into the case’s specifics, the tribunal’s reasoning, and the broader […]

Advance 2023 Insurance Law Seminar: Case Law Update

2023 Case Law Update – Our Regional Insurance Group is pleased to provide the 2023 Case Law Update, covering developments and key decisions in Atlantic Canada from the last year. Access Publication Here

New Rights for Fiduciaries Makes it Easier to Plan for...

New Brunswick’s new Fiduciaries Access to Digital Assets Act received Royal Assent on December 16, 2022. The new Act is the first of its kind in New Brunswick and makes the Province one of the few Canadian jurisdictions to have such a piece of legislation. The purpose of the Act is to provide a framework […]

Case Law Update: Recent Key Decisions in the Atlantic Provinces

On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here

Amendments Affecting All Newfoundland and Labrador Corporations

In November, the House of Assembly of Newfoundland and Labrador passed Bill 24, which set out amendments to the province’s Corporations Act (the “Act”). The amendments, which come into force 1 April 2022, are notable and require attention as they will impose new obligations upon most corporations incorporated in the province. In summary, the amendments: […]

Will Your Limitation of Liability Clause Stand Up To Court...

In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach of a fundamental obligation. The Court ultimately held that […]