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 […]
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. Requirements 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 […]
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.
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 […]
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 […]
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 […]
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 […]
On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v Bailey, 2021 SCC 29. The Court allowed the appeal and reinstated the stay of the third party claim. Background Bailey suffered injuries when she struck pedestrian worker, Temple, and Temple’s employer’s vehicle. Bailey sued Temple’s employer (the City […]
A piece of United States federal legislation may provide Nova Scotia’s ports with inadvertent economic benefits. The Jones Act is a piece of protectionist legislation that was enacted by the United States Congress following the First World War. Its purpose is to stimulate the shipping industry in the United States, protect American jobs, and to […]
In 2002, Nova Scotia established the Volunteer Protection Act (the “Act”). The Act was created to protect volunteers working for non-profit organizations. The Act defines a “volunteer” as an individual performing services for a non-profit organization. This individual must not receive compensation (money or anything else with value) other than compensation for expenses that were […]