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 […]
Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]
It is no secret that family law disputes resolved using the court process come at great personal and financial expense. Being proactive with the use of domestic contracts ensures that both your family and business assets are better protected from costly legal disputes. What They Are Unfortunately, there is great stigma against pre-nuptial agreements because […]
The deadline to post notice of pay equity plan is Monday November 1, 2021. You don’t need your Pay Equity Plan in place, but you must post notice of your plan to create the Pay Equity Plan. You will find a guide and template notices to help create at www.payequitychrc.ca/en/templates. The Pay Equity Act (the […]
On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]
Wolfson v Wolfson, 2021 NSSC 260 Justice Forgeron Issues: Unequal division of assets | Matrimonial property The couple was married for 12 years and have two children. Mr. Wolfson owns shares in 12 companies. The companies own and manage several rental properties. Mr. Wolfson sought to have the shares classified as business assets to exclude […]
Canada has the world’s longest coastline but, compared to other countries, most notably Norway, our ocean economy — $31.7 billion annually in gross domestic product and almost 300,000 jobs – is relatively under-developed. The federal government wants to change that. The federal Department of Fisheries and Oceans is developing a “blue economy” strategy intended to […]
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 […]
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 […]
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 […]