Related Articles - Сox & Palmer

May 22, 2015

Jessica Bungay

Employment & Labour

Appearance in the Workplace: Can it be regulated by the...

The legality and enforceability of policies that attempt to regulate a person’s appearance have recently garnered much media attention. Recent headlines have focused on dress codes in the public school system; however, much of the discussion applies to similar policies in the workplace. The burning question in the minds of many employers is: can I regulate the appearance of my employees in my workplace? The answer, of course, is dependent on a number of factors.

May 13, 2015

Employment & Labour

24/7 Operations and Childcare Responsibilities – An Employer’s Obligation

The definition of “family status” under human rights legislation continues to be one of the hottest topics in Canadian employment law.

May 7, 2015

Employment & Labour

Does an Employee Automatically Resign if They File a Constructive...

What happens when an employee files a constructive dismissal action against their employer, but keeps coming to work? Can the employer take the position that the employee has resigned, or must the employer allow the employee to keep working indefinitely? This issue was recently considered by the Nova Scotia Supreme Court in Garner v Bank of Nova Scotia, 2015 NSSC 122.

May 7, 2015

Estate Litigation Estates & Trusts

Public Policy and Wills: How Do They Interact?

In the matter of Spence v. BMO Trust Company, the Ontario Superior Court of Justice was asked to set aside a Will for public policy reasons. The evidence suggested that the deceased disinherited his daughter because the father of the daughter’s child was Caucasian. After reviewing the evidence and applicable legal principles, the Court concluded that the Will was void and should be set aside.

May 7, 2015

Dale T. Briggs Jeffrey H. Leard

Construction Employment & Labour

Cox & Palmer Regional Construction Group Newsletter Spring 2015

On May 21, 2013 Chris Boyle, an employee of R.D. Longard Services Limited (“Longard”), died on the job after being electrocuted. Longard was charged under the Nova Scotia Occupational Health and Safety Act. The charges included not taking every reasonable precaution for the health and safety of Mr. Boyle. By decision dated April 17, 2015, Judge Anne Derrick found Longard guilty. Sentencing is to take place later.

May 4, 2015

Estate Litigation Estates & Trusts

Best Interests or Expressed Wishes: What Takes Priority in a...

Justice Boudreau of the Nova Scotia Supreme Court was called upon to assess this issue in the matter of B.M. v. K.S. Her Ladyship concluded that a clear and unequivocal expression of interest in a Personal Directive should normally be followed even if it is arguably not in the objective best interests of the person who signed the Personal Directive.

April 23, 2015

Jessica Bungay

Employment & Labour

Termination Without Cause Can Lead to Expedited Litigation

There are many circumstances that can arise that result in an employer terminating an employee without cause. An employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. Often times an employer who is terminating an employee without cause will make an offer of severance (e.g. pay in lieu of notice) that is conditional upon the employee signing a release. If the employee refuses to sign the release, and the parties are unable to agree on the amount of pay in lieu of notice the employee is entitled to, litigation will often ensue.

April 22, 2015

Amy MacGregor Jorge P. Segovia Deirdre L. Wade, KC

Insurance Litigation

Regional Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance Litigation case law updates from across the region.

April 16, 2015

Sean Glover

Banking & Finance Residential Real Estate

Mortgage Backed Loan Transactions

A frequently encountered issue faced by many lenders in mortgage backed loan transactions is the use by the borrower of a nominee title holder, or bare trustee.

April 16, 2015

Alternative Dispute Resolution

Mediation: The Other Tool in Your Toolbox

Mediation is a powerful tool for tackling private disputes of all kinds, particularly where privacy is preferred and the parties need a viable continuing relationship. Mediation is a proven process that allows people and organizations in dispute to resolve their conflict themselves, making for better outcomes, saving time and money, and avoiding the risk and cost of litigation.