This Month in Family Law – December 2021

Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.

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: […]

December 9, 2021

Municipal Planning Appeals on the Island: A 15 Year Review

The Island Regulatory and Appeals Commission (“IRAC” or the “Commission”) is an independent quasi-judicial tribunal that, among other things, hears appeals relating to land use, including municipal and ministerial planning decisions, under the Planning Act and other provincial statutes . A 15-year review (2005-2020) of appeals of municipal planning decisions before the Commission shows that […]

If at First You Don’t Succeed… : Fennelly v. Lloyd’s...

Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was […]

Unoppressed: Newfoundland and Labrador Supreme Court Denies Claim for Oppression...

An oppression remedy is a statutory remedy that courts can apply when the conduct of a corporation or its directors is found to be prejudicial or harmful to the interests of a specific stakeholder of the corporation (i.e., shareholders, officers, directors, creditors, etc.). In rectifying the oppression, courts will consider the reasonable expectations of the […]

This Month in Family Law – November 2021

Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.

COVID 19 – Mandatory Vaccine Policies Legally Challenged through Grievance...

Mandatory vaccination policies have been implemented by many employers in response to the COVID-19 pandemic. While these policies have been widely accepted by the majority of employees, there are some employees who strongly object to such policies. Some mandatory COVID-19 vaccination policies have been the subject of grievances. Earlier this month, the first two grievance […]

Change Afoot: New Brunswick’s Construction Remedies Act

New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021.  The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the  Mechanics’ Lien […]

Mind your business: Business Assets, Professional Corporations & Divorce

Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]

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 […]