February 19, 2020

Frustrated with frustrated contracts? How the duty to accommodate applies...

Employers are obligated to accommodate disabled employees to the point of undue hardship. Accommodation often requires arranging an employee’s job or workplace duties in such a way that the employee will be able to actively engage in the workforce despite their disability. The duty to accommodate, however, is not limitless. In Katz et al. v […]

Employment & Labour – Top Ten Cases of 2019

2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]

Newsflash: Nova Scotia Department of Labour and Advanced Education Announces...

On January 30, 2020, the Nova Scotia Department of Labour and Advanced Education announced its largest increase to Nova Scotia’s minimum wage in a decade. Minimum Wage Increased Starting April 1, 2020, Nova Scotia’s minimum wage will increase from $11.55 to $12.55 an hour. Also, the Nova Scotia Government has announced that it will be […]

January 14, 2020

Technology and the Construction Industry: Opportunity for Evolving Trends in...

Developments in technology Industry is driven, in part, by developments in technology — construction is no exception. Technology in the construction industry brings about positive change — cost effectiveness, increased efficiency and safer projects. However, technology also means new concepts, new products and new processes, all of which bring about new legal risk. The Canadian […]

Supreme Court of Canada sets out New Framework in Assessing...

What is the “standard of review”? In considering a challenge to the decision of an arbitrator, tribunal or other administrative body, whether by appeal or judicial review, this is always a fundamental question. Yet, finding the right answer has remained one of the most confusing legal questions out there. This has resulted in seemingly inconsistent […]

December 16, 2019

Beyond Prompt Payment: Processes and Options for Timely Compensation

“I’d just like to be paid” It hardly seems fair. You’ve worked all your life gaining credentials, securing a position and building a reputation. You’ve had to create your own opportunities. No one gave you that contract; you had to compete for it and it was awarded to only you. You rallied an able workforce […]

Overview of the New Legal Era for Development Projects in...

In “Overview of the New Legal Era for Development Projects in the Newfoundland and Labrador Offshore,” Todd Stanley, QC, discusses the history of Newfoundland and Labrador’s offshore and the changes to the legal and regulatory landscape for upcoming projects. Originally prepared for the Canadian Energy Law Foundation’s June 2019 conference, you can now download a […]

New Brunswick Court of Appeal Limits Appellate Intervention in Motion...

In Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd., 2019 NBCA 44, the New Brunswick Court of Appeal made clear that it will not interfere lightly with a motion judge’s discretionary decision to grant partial summary judgment, particularly where a decision on the merits is correct in law.  The Court of Appeal […]

Parties, Cocktails & Cannabis – the Triple Threat for Host...

Last year was the first holiday season after the legalization of cannabis. The products available then were primarily for consumption by inhalation. As of October 17 of this year, edible cannabis is legal, and edible cannabis products may be available for sale by mid-December.[1] The introduction of legalized edible cannabis raises difficulties in detecting consumption, […]

November 26, 2019

Preparing for the Builders’ Lien and Prompt Payment Act

Nova Scotia will soon have an amended and renamed Builders’ Lien Act, which will introduce a prompt payment scheme as well as an adjudication process to be followed in the case of non-payment. Bill 119, the bill to amend the Builders’ Lien Act, received royal assent on April 12, 2019, but will not come into […]