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December 14, 2023

Eligibility to Receive Medical Assistance in Dying

On March 17, 2021, several amendments to the Criminal Code modified the eligibility requirements for access to medical assistance in dying (“MAID”), building on the assisted dying framework first implemented in the Criminal Code in 2016. While the topic has its basis in criminal law, the implications of MAID are relevant to estate planning and […]

A Step Back for Holdback Trust Accounts: Amendments to New...

New Brunswick’s Construction Remedies Act (the “Act”) received Royal Assent on December 18, 2020.  The “new” Act, which replaces the Mechanic’s Lien Act, applies to all construction contracts entered into on or after November 1, 2021. On April 1, 2022 sections 37 and 38 of the Act came into force, creating and outlining the requirements […]

In New Brunswick, Can You Make a Claim Against Your...

In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick.  In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]

Learning from Losing: Debriefing under the Public Procurement Act

Five years after repeal of the Public Tender Act, specific details of the operation of the Public Procurement Act (the “Act”) remain a mystery to many. This is concerning given the Act’s stated objectives of transparency and accountability. Debriefing is a key mechanism to meet these objectives but, based on client and industry interactions, it […]

This Month in Nova Scotia Family Law – November 2023

CT v JB, 2023 NSSC 351 Judge: Justice Lee Anne MacLeod-Archer Subject: Costs Summary: The parties participated in a nine day hearing on the issues of parenting and child support.  CT was awarded primary care and decision-making responsibility and JB was ordered to pay prospective and retroactive child support.  CT sought lump costs of $60,000 inclusive […]

In New Brunswick, When Do You Become “Common-Law”?

These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all.  We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]

This Month in Nova Scotia Family Law – October 2023

Davis v Harrison, 2023 NSCA 74 Judges: Justice Anne S. Derrick; Chief Justice Michael J. Wood and Justice Joel E. Fichaud concurring Subject Matter: Matrimonial property; Pension division; s. 13 MPA; Costs; Fresh Evidence Summary: The parties were married for 20 years. The contested issues at trial included the division of the appellant’s Canadian Armed […]

Advance 2023 Insurance Law Seminar: Case Law Update

2023 Case Law Update – Our Regional Insurance Group is pleased to provide the 2023 Case Law Update, covering developments and key decisions in Atlantic Canada from the last year. Access Publication Here

This Month in Nova Scotia Family Law – September 2023

Moore v Moore, 2023 NSSC 285 Judge: The Honourable Justice Elizabeth Jollimore Subject:  Decision-making Responsibility, Mootness Summary: The parties resolved their claims regarding child support and parenting time in mid-2019 but were unable to agree on decision-making responsibility of their son. The parties’ son will turn 18 within the next six weeks. Ms. Moore sought […]

This Month in Nova Scotia Family Law – August 2023

L. v. T. H., 2023 NSSC 250 Judge: Justice Lee Anne MacLeod-Archer Subject: Interim parenting; interim child support; inputting income Summary: This decision originated from an interim motion by the father, Mr. H, seeking an interim shared parenting arrangement for the parties’ three children. The mother, Ms. L, sought primary care of the children and […]