This Month in NS Family Law – August 2021

Green v Green, 2021 NSCA 61 Justice Bourgeois Issues: Custody | Appeal | Late Application  The parties were involved in a high conflict divorce. At trial, the judge awarded primary care to the mother, and specified access for the father. The father sought to appeal the trial decision on the grounds that his contempt applications […]

Voting Time: Employer Obligations on Election Day

With the upcoming Federal election on September 20, 2021, it is important for Employers to understand their statutory obligations to employees under the Canada Elections Act, SC 2000, c 9. Requirement for Three Consecutive Hours Outside of Work to Vote Employees who are qualified to vote (i.e., Canadian citizens who are at least 18 years […]

September 9, 2021

Shifting the Waste Burden: Municipalities to Producers

Twelve years after the Canadian Council of Ministers of the Environment introduced a Canada-Wide Action Plan for Extended Producer Responsibility (EPR), it’s time for Nova Scotia to consider shifting the burden of waste management from municipalities to producers. In a traditional waste management system, municipalities are responsible for operating waste collection and management. With EPR […]

The Birth of Green Choice

Nova Scotia’s Sustainable Development Goals Act (the “SDGA”), passed in 2019, sets out the province’s renewable energy (“RE”) targets, including the reduction of greenhouse gas emissions by at least 53% below 2005 levels by 2030 and net zero emissions by 2050. And, following on the federal government commitment to source 100% renewable electricity for federal […]

Contractual relationship impacted by COVID-19? Planning on initiating a liability...

In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against […]

Nova Scotia Election Update

On August 17th, a provincial election was held in Nova Scotia. Contrary to what the polling and pundits were predicting, Tim Houston led his PC party to a majority win. Premier Tim Houston announced his new Executive Council on August 31.

Impact of COVID-19 on the Reasonable Notice Period

In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is just cause for termination. If the employer fails to give the employee reasonable notice of termination, the employer risks a wrongful dismissal action for breach […]

Mandatory Vaccination Policies: Considerations for Employers

Following the Government of Canada’s announcement on August 13, 2021 that it would be mandating COVID-19 vaccinations for those employed in the federal public sector and in the federally-regulated air, rail, and marine transportation industry, a growing list of Canadian employers have followed suit in announcing their own vaccine mandates. This list now includes five […]

Defences available to manufacturers in product liability claims

Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]

This Month in NS Family Law – July 2021

S.S. v. J.G., 2021 NSSC 228 Honourable Justice Pamela A. Marche Issues: Shared custody v Primary Care | Best interest test | Retroactive child support | Voice of child report | s.7 Health Insurance Premiums | Child support At a variation application, the mother sought primary care and final decision making, and the father sought […]