SCC Provides Clarity Re Anti-Deprivation Common Law Rule

Earlier this fall, the Supreme Court of Canada (“SCC”) released its decision in Chandos Construction Ltd. v. Deloitte Restructuring Inc. (“Chandos”) . The SCC agreed with the Alberta Court of Appeal in holding that a price-reduction clause in a subcontract between Chandos and the bankrupt subcontractor violated the common law anti-deprivation rule. Chandos, a general […]

December 8, 2020

An “Adequate” Makeover? Canadian Privacy Law gets a 21st Century Upgrade

On November 17, 2020, the federal government introduced Bill C-11, the Digital Charter Implementation Act, 2020 (DCIA), which, if passed, will significantly reshape the Canadian privacy landscape. Organizations handling personal information must consider how the CPPA could impact their operations and take steps to implement the necessary data protection procedures to meet their obligations under the new law. 

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 […]

Nova Scotia: Duty to Consult in Large Infrastructure Projects and...

The Nova Scotia Supreme Court has expanded on the issue of the Crown’s “duty to consult” with First Nations holding that the duty goes beyond considering just the environmental impact of a large infrastructure projects.

Nova Scotia OKs Electronic Record Keeping, Corporate Practices

We are living in a time where there is great potential to improve business practices through the effective implementation of technology. Upcoming amendments to the Companies Act[1], Co-operative Associations Act[2] and Corporations Registrations Act[3] will permit the electronic storage of books and records for both companies and cooperatives. A number of other key updates include, […]

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, […]

In Callidus we “Trust” – The SCC Rules on the...

Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47 (SCC) Callidus was a secured creditor of Cheese Factory Road Holdings Inc. Pursuant to a trust agreement, Cheese Factory held all funds received in trust for Callidus and remitted them to be applied to its debt. The amounts paid to Callidus under this arrangement […]

A Primer on Fisheries Offences

Framework The federal and provincial governments have established a complex regulatory scheme to govern the fishing industry in Atlantic Canada and elsewhere. The principal statute governing the industry is the Fisheries Act. Under the Act, the federal government has created more than two dozen sets of regulations. The Minister of the Department of Fisheries and […]

Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations

The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.

Nova Scotia: Marine Renewable Energy Act 2.0 – Amended and...

With 13,300 km of coastline, Nova Scotia is uniquely situated to explore and develop marine renewable energy.