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Publications

‘Tis the season to be cautious!
“Common Employer” Liable for Employee Compensation
“Give Me a Raise or I’ll Quit”: Has the Employee Resigned?
“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of future income, Section B setoff avoids recovery of any damages
“So You Think You Can Dance?” Footwork for Elected Municipal Officials
“What We Heard” Report: Province Consults Public, Municipalities and Stakeholders about Future Solid Waste Management Strategy and Regulations
#familystatus: a Top Trend in 2015 Canadian Employment Law
#MeToo and Your Corporate Culture
11 Steps to Minimize Employer Liability at the Holiday Party
11 Steps to Minimize Holiday Party Liability
24/7 Operations and Childcare Responsibilities – An Employer’s Obligation
A Black Power Suit . . . or an Orange One? How Corporate Directors may be Subject to Personal Liability and How Best to Avoid it.
A Closer Look at Illicit Loans and Financial Assistance in Newfoundland and Labrador
A Landlord’s Right of Distress – Subject to the Crown’s (Super-Priority) Deemed Trust
A Mixed Grill: 2016 Mid-Market Technical Update
A Modern Approach: Newfoundland and Labrador’s New Condominium Act
A New Realm: Cyberspace, Cyber Liability and Cyber Liability Insurance
A Primer on Fisheries Offences
A Primer to the Amendments to the Divorce Act
A Rare Success for Employers: An Employee’s Failure to Mitigate
Absenteeism Due to Disability: Has Frustration of Contract Occurred?
Absolute Liability: Applicability and Exceptions – When Is It Absolute?
Action for Constructive Dismissal Unsuccessful Where the Employee Helped Create the Hostile Workplace
Admission of Discrimination Not Required for Settlement
Agree to Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds $329,687 from Employee
Agreement on the Atlantic Accord
Alberta Human Rights Tribunal Finds Employer Discriminated based on Family Status
All Pay and No Work? That’s Constructive Dismissal!
Amendments to Builders’ Lien Act: Early Release of Holdback
Amendments to Statement of Claim May Be Allowed After Expiry of Limitation Period
Amendments to the New Brunswick Employment Standards Act
Amendments to the Newfoundland and Labrador Labour Relations Act Remove Automatic Certification for Union Support Greater than 65%
An Employee With a 14 Year Absence Reinstated With Full Back Pay Plus Interest
Anton Piller Orders
Appearance in the Workplace: Can it be regulated by the Employer?
Applicable Test for Non-Party Production Orders
Arbitration Decision Rules Employer Not Vicariously Liable for Employee’s Privacy Breach
Are Employees Ever Really “Off the Clock”?
Are You Ready to Comply with Canada’s Anti-Spam Legislation?
Are You Ready? Navigating Medical and Recreational Cannabis in the Workplace
Assisted Human Reproduction: The Use of Genetic Material Post-Separation
At the Very Lease…What to Know Before you Sign a Commercial Lease
Atlantic pilot program fast track to East Coast immigration
Availability of Coverage Under a CGL Policy For Historical Sexual Abuse
Banking Law Update – December 7, 2010
Batten Down the Hatches: CRTC Issues First Enforcement Action Under CASL
Before and After: NS Supreme Court Decision on CPP Benefit Deductability
Best Interests or Expressed Wishes: What Takes Priority in a Personal Directive?
Beware of the One Month Per Year of Service “Rule” Part 2
Beware of the One Month Per Year of Service “Rule”: Part 3
Beware of the One Month Per Year of Service “Rule”: Part 4
Beware of the One Month Per Year of Service “Rule”: Part 5
Beware of Using One Month Per Year of Service “Rule of Thumb”
Beyond Prompt Payment: Processes and Options for Timely Compensation
Big Changes to Nova Scotia Occupational Health and Safety Rules – What They Mean to Your Business
Bill C-69 – A Slightly Unfinished Work in the Newfoundland and Labrador Offshore
BOARD WATCH
Border Measures of Anti-Counterfeiting Legislation Now in Force
BP Canada Adds Offshore Partner
BP Canada Information Session
Breaching Duty of Care: Can Individual Employees Be Personally Liable?
Breaking Glass Ceilings – Federal Pay Equity Legislation Seeks Equal Pay for Equal Value
Breastfeeding and the Duty to Accommodate: Federal Court of Appeal Confirms No Discrimination
Calkin v. Dauphinee, 2014 NSSC 452 – Case Comment
Can An Employer Require That a Candidate Undergo Pre-employment Drug and Alcohol Testing?
Can Employers Reduce Retiree Benefits?
Can Employers Require Mandatory Unpaid Standby Duty?
Can You Rely on Your Confidentiality Clause?
Can’t Afford to Keep Them, Can’t Afford to Fire Them: Poor Finances Do Not Reduce Termination Obligations
Canada’s New Not-for-Profit Corporations Act
Canada’s new data breach notification rules: What you need to know
Canada’s New Express Entry System
Canada’s valuable COVID-19 research vulnerable to Russian, Chinese hacks
Canadian Human Rights Act – No Discriminatory Practice, No Award
Canadian Trade-mark Applications and Oppositions
Canadians Play Nice…Classification that is: Canadian IP Office will begin to accept applications using international classification system starting in Fall of 2015
Cannabis Legalization: High Time for Municipal Regulation
Cannabis Legalization: Weeding Out the Regulations
Cap and Trade Primer on NS Emissions
Case Commentary: Does the rule against “double-dipping” apply to a judicial annuity?
Case Commentary: Noel v. Butler, 2016 NBCA 49 – Implications for Pension Division in Common-Law Relationships
Case Law Highlights the Difficulties of Establishing Liability for Slip and Falls During Newfoundland and Labrador Winters
Case Law Update – Insurance Litigation Law
Case Law Update: Evans v Avalon Ford Sales (1996) Limited
Case Law Updates – Insurance Litigation Law
Case Law Updates – Insurance Litigation Law
Case Law Updates – Insurance Litigation Law
Case Law Updates: Insurance Litigation Law
Casual Worker Permitted to Sue Employer for Injuries Resulting from Workplace Accident
Caution for Employers Dealing with Employees Exhibiting Suspected Mental Health Issues
Caveat Creditor: When CRA Deemed Trusts Outrank a Mortgage
Certification: A Step Above the Competition
Change in Scope? Prove It!
Changes to the Canada Labour Code
Changes to the Labour Relations Act in Newfoundland and Labrador
Changing Tides: Enforcement of Termination Provisions
Client Alert: Remote Work, Data Breaches and Cybersecurity Considerations during COVID-19
Client Care and Continued Service at Cox & Palmer
CMPA Not an Insurer
Co-Parenting During the COVID-19 Pandemic
Commercial Real Estate eCase Note
Construction Industry Certification: Nova Scotia Court of Appeal Weighs In
Constructive Dismissal – Farwell v. Citair Inc. (c.o.b. General Coach Canada)
Constructive Dismissal – Sanderson v. Muskeg Lake Cree Nation
Constructive Dismissal May Be Found Where Annual Bonuses are Withheld
Constructive Dismissal part 2: Everything Has Its Limits
Constructive Dismissal: A Tough Call for Employees
Consumer Protection in the Banking Industry
Contractual Clauses Providing for Alternative Dispute Resolution
Copyright Owners and (Downloading) Users Take Note: Canada’s Formal Notice and Notice Regime is in Force
Court Confirms High Threshold to Enjoin a Former Employee from Engaging in Competition
Court Denies Plaintiff’s Application to Add Another Plaintiff
Court Denies Plaintiff’s Application for an Advance or Periodic Payment
Court Denies Request to Dismiss Action For Want of Prosecution
Court Finds “Extraordinary” Circumstances to Award 27 Months’ Notice
Court Lifts Stay of Proceedings to Enforce Costs Award Against Spouse
Court Rules Workers Compensation Legislation Bars Civil Claim for Harassment and Bullying
COVID-19 – How Employers Can Manage the Workplace in These Uncertain Times
COVID-19 Public Health Measures and Essential Services in Atlantic Canada
COVID-19 Related Travel Restrictions in Canada: The Impact on Foreign Nationals Entering Canada
COVID-19 Travel Restrictions in Atlantic Canada – A Summary for Business Travelers
Cox & Palmer Closes Offices to the Public and Implements Business Continuity Plan to Continue Client Service
Cox & Palmer Employment & Labour Case Update
Cox & Palmer Regional Construction Group Newsletter Spring 2015
Cox & Palmer Remembers Thomas J. O’Reilly, QC (1941-2019)
CPP Disability Payments Deductible From Future Loss
CRA Decision Successfully Challenged in Pomeroy’s Masonry Limited v. A.G. Canada
Cracking Down: Canadian Court Emphasizes Compliance with Export Procedures
Crowdfunding in New Brunswick
CRTC Nets Plentyoffish Media Inc. for Non-Compliance with CASL: Plentyoffish Enters Into Undertaking
Damages Arising From Future Loss of Income Determined on Gross, Not Net Basis
Danger Ahead: Beware of Changes to Employment Agreements
Deciding on the Structure of Your Business? Things You Need to Know
Deducting Collateral Benefits From Loss of Income Claims
Depressed Market Conditions Present Tax Planning Opportunities
Derogatory Facebook Post Violation of Human Rights
Desperate Times Do Not Justify Desperate Measures
Detecting Impairment in the Workplace
Determining Job Qualifications: Does a Union Have a Say?
Disciplining Employees for Off-duty Social Media Use: When is it Appropriate?
Disclosure of Mortgage Information to Third Party Creditors
Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta Arbitration Board Rules
Dismissal Without Cause Is Not Always an Unjust Dismissal
Dismissed Employee gets his $1 Million Bonus and we get Clarification in the Law: The Supreme Court of Canada Issues its Decision in Matthews v. Ocean Nutrition
Dismissing an Employee for Cause: Are Reasons Required?
Do You Need to Register in New Brunswick’s Lobbyist Registry?
Does Age Have An Impact on a Dismissed Employee’s Duty to Mitigate?
Does an Employee Automatically Resign if They File a Constructive Dismissal Action?
Don’t Be a Materiality Scrape Goat
Drug and Alcohol Testing at the Worksite
Duties of a Personal Representative in Nova Scotia
Electronic Information Disclosure Obligations
Employee Bonuses After Dismissal: When Are They Owed?
Employee Dismissed for Rejecting Unilateral Changes to her Employment Contract Awarded Damages
Employee Misconduct: Is it Cause for Dismissal?
Employee Privacy Update: Supreme Court of Canada Releases Decision
Employee Refusals to Work: Employer Rights and Obligations under OHS Legislation
Employee Terminated for Comments Made Over Social Media
Employee vs. Independent Contractor: Federal Court of Appeal Clarifies Test
Employee Wrongfully Terminated for Breach of Trust
Employee’s Belief of Discrimination ≠ Actual Discrimination
Employee’s Failure to Disclose Medical Marijuana Use a Factor in Establishing Just Cause for Dismissal
Employee’s Obligation to Mitigate by Remaining with Terminating Employer
Employee’s Participation in Sexual Workplace Banter Results in Dismissal of Discrimination Complaint
Employee’s Right to Refuse Unsafe Work Affirmed by SCC
Employer Entitled to “Better Doctor’s Note” after Six Month Absence
Employer Liability for Mental Distress in the Workplace
Employer Liable for Remainder of Fixed Term Employment Contract
Employer Liable Under Human Rights for Consultant’s Discriminatory Action
Employer Misconduct Results in Moral Damages
Employer Obligations on Election Day
Employer Permitted To Terminate Employees Receiving LTD Benefits
Employer’s Challenges and Obligations during the COVID-19 Outbreak
Employer’s Denial of Request for Summer Off, a Breach of Human Rights
Employer’s Operations Fall Within Definition of “Construction Industry”
Employer’s Refusal to Hire Medical Cannabis User Upheld by NL Court
Employer’s Unreasonable Increase in Duties and Response to Employee Concerns Constitutes Constructive Dismissal
Employers Appealing EI Decisions: Do So At Your Own Risk
Employers Should Think Carefully Before Imposing a Dress Code
Employment & Labour – Top Ten Cases of 2018
Employment & Labour – Top Ten Cases of 2019
Employment & Labour Regional Newsletter December 2012
Enduring Powers of Attorney in New Brunswick: Where We Are and Where We’re Going
Environmental Obligations in Bankruptcy – Who is Responsible?
Established Guidelines or Just Suggestions: Lifting Default Judgment
Estate Planning Preparation – Checklist
Even in the Absence of a Release, Employee Who Accepted Termination Package Not Entitled to Additional Damages
Evolution of the Duty to Accommodate
Executive Chef Loses Attempt to Unilaterally Change Status from Independent Contractor to Employee
Experts Under the Microscope: Bias and Junk Science in Canada’s Courtrooms
Extended Leave of Absence from Work: Can an Employer Terminate the Employment Relationship?
Facebook Postings May Warrant Termination
Facilitating Local Investment – New Brunswick’s Small Business Investor Tax Credit
Failure to Allege Cause ≠ Unjust Dismissal
FAQ: New Brunswick’s COVID-19 State of Emergency and Mandatory Order
Festive Feasts and Merry Martinis: Top 10 Tips to Minimize Employer Host Liability
First Wrongful Dismissal Decision from Newfoundland and Labrador in Over Four Years
Fixed Term Contracts May Require a Second Look
Force Majeure Clauses and the Doctrine of Frustration: Flattening the Liability Curve
Fraud of Homecare Administrator Survives Bankruptcy Discharge
Free Trade with Europe
Freedom of Expression in Labour Dispute Trumps Privacy Laws
From IP to ID: the Danger of Joining the Dots
Frustrated with frustrated contracts? How the duty to accommodate applies to permanently disabled employees.
Future Care Costs for Cannabis in Personal Injury Claims
General Holdback Chart
Getting Your ‘Duck-uments’ in a Row: Why Proper Corporate Records are More Important Than You Might Think
Going International: Taking Advantage of Investment Protection Agreements
Good Tidings, Well Wishes and Unintended Consequences: Holiday Greetings under Canada’s Anti-Spam Legislation
Gradual Onset Mental Stress is Not Compensable for Federal or Provincial Employees in New Brunswick
Grievance Process Privilege
H1N1 Nova Scotia – Questions from Employers
H1N1: Proposed Amendment to Labour Standards Code
Historic Trade-off: The Ryan’s Commander and the Application of Provincial Worker’s Compensation Legislation to Marine Injuries and Fatalities
How Changes to Food Safety Laws and Regulations Will Affect Your Business
How do borrowers and lenders manage during an economic downturn?
How Far Can an Employer Go in Imposing Appearance-Based Requirements?
How Much Notice of Resignation Must an Employee Provide?
How to Craft an Enforceable Non-solicitation Clause
How to Obtain a Canadian Work Permit
How to Prepare for Coronavirus in the Workplace
Human Rights Commission Tackles Racial Profiling
Illegal Drugs in the Workplace: The Test to Establish Possession
Implications of Recent Court of Appeal Bond Decision on Local Contractors
Implied Undertaking Rule Inapplicable in Context of Independent Medical Examination
In Callidus we “Trust” – The SCC Rules on the Deemed Trust Provisions of the Excise Tax Act and Overturns the Federal Court of Appeal Ruling in Callidus Capital Corporation v. Her Majesty the Queen
In Nova Scotia, How Long Do You Have to Live Together Before You Become “Common-Law”?
Insurance Case Law Updates – February 2010
Insurance Case Law Updates – May 2009
Insurance Case Law Updates – October 2009
Insurance Intermediaries: Fulfilling the role of an Insurance Expert
Insurance Litigation Group: Atlantic Canada Case Law Updates
Insurance Litigation Group: Atlantic Canada Case Law Updates
Intention Irrelevant in Breach of Drug and Alcohol Policy
International Trade Update: Canada-Colombia Free Trade Agreement Implementation
Interpreting a Contract: When is it Solely a Question of Law?
Introduction of Domestic Violence, Intimate Partner Violence, or Sexual Violence Leave for Employees on Prince Edward Island
Is Declining to Return to Work after Constructive Dismissal a Breach of One’s Duty to Mitigate?
Is the Failure to Provide Parental Leave “Top-Up” Benefits Discriminatory
It’s Your Business – Vol 1, Issue 3 – October 2009
It’s Your Business – Vol 1, Issue 4 – December 2009
It’s 2018: Here are Three Workplace Policies That Businesses Should Revisit (or Implement)
It’s Your Business – Vol 1, Issue 1 – May 2009
It’s Your Business – Vol 1, Issue 2 – June 2009
Jumping the Queue: The Commercial Landlord’s Right of Distraint
Key Federal Tax Relief Initiatives for Canadian Individual and Corporate Taxpayers
Kids on the Move: What the Changes in the Divorce Act Mean for Mobility
Labour Arbitration: When are Damages in Lieu of Reinstatement an Appropriate Remedy?
Lawyer Wrongfully Dismissed in Newfoundland and Labrador
Laying it All Out: Why Layoff Clauses Should be Included in Employment Contracts
Legal Liability & Due Diligence – Safety is a Shared Responsibility
Legislation Protecting Innocent Co-Insureds Is Now a Reality in New Brunswick
Legislative Update: Human Rights Act, RSPEI 1988, c H-12
Lessons From the Mistakes of Others: Reliance on an Unenforceable Termination Clause is Costly
Lien & Mean? Mechanics’ Liens in NL
Limiting The Scope Of Hearings – Spring 2009
Litigation-avoiding Behaviour
Locked Out and Out-of-Luck: The Impact of Ransomware on SMEs
Low-rise developments: Condominium or Freehold?
Major Projects: Developing a Labour Strategy to Control Risk
Managers Can Be Held Personally Liable For Preventing Accommodations in the Workplace
Mediation: The Other Tool in Your Toolbox
Medicinal Monday to Fridays: When Employees Are Under the Influence of Medicinal Marijuana
Minimum Wage is Not Just for Hourly Employees
Mitigation Income: What’s In and What’s Out?
Mitigation, Credibility and Deductions: A Case Comment on Ryan v. Curlew, 2018 NLSC 72
Monitoring Employer-Issued Communication Devices: Know the Implications of Privacy Laws
Moot Gets the Boot: NSUARB Mootness Decision
Mortgage Backed Loan Transactions
Municipal Conflict of Interest Workshop
Municipal Planning Appeals: Know the Odds
National COVID-19 App Available in Nova Scotia; Potential for Public Health Gains while Privacy Questions Remain
Navigating Employment Law Tricky For Startups
NB Government Responds to Employer Concerns over Potential Directors’ Liability
NB Judge Confirms Severance Payment Information Must Be Protected From Public Disclosure Under RTIPPA
NBCA Decision Broadens Limitation Rules for Plaintiffs
New Brunswick – Proposed Changes To Advance Payments of Damages
New Brunswick Court of Appeal Limits Appellate Intervention in Motion Judges’ Discretion to Grant or Deny Partial Summary Judgment
New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting
New Brunswick Employers Now Need to Accommodate Family Status
New Brunswick Police Officer Terminated for Misconduct
New Brunswick Update: Notice Now Required to Sue a Municipality
New Builder’s Lien Amendments & Regulations
New Employment Leave Introduced in New Brunswick: Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave
New Liability for Directors of For-Profit Corporations
New Occupational Health and Safety Regulations in New Brunswick: Addressing Workplace Harassment and Violence
New Registry of Deeds Act – Newfoundland & Labrador
New Regulations in Newfoundland and Labrador to Address Workplace Harassment & Violence
New Shareholder Information Requirements for CBCA Companies
New Summary Judgment Motion Rule Introduced in New Brunswick: More Than Just a Tool to Dismiss Meritless Claims
New Tort Decision May Challenge the Strength of Your Privacy Policy
New Year, New Changes to Prince Edward Island’s Employment Standards Act
Newfoundland and Labrador Human Rights Act, 2010
Newfoundland and Labrador Labour Standards Act Amendments Extend Employment Protection for Some Parents
Newfoundland and Labrador’s COVID-19 Response – Information for Businesses
Newsflash: Nova Scotia Department of Labour and Advanced Education Announces Significant Changes to Minimum Wage
Newsflash: Nova Scotia Department of Labour and Advanced Education Considering Changes to the Labour Standards Code
Newsflash: NS Government Rolls Out Aid for Small- and Medium-Sized Enterprises
NL Court Finds Employee’s Resignation Was Involuntary
NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency “Deemed Trust” Provisions
NL Court of Appeal Restates Principles That Apply to Claims of Unconscionability
NLCA Finds No Conflict of Interest Arising Where Accountants Act in Dual Capacity
No Obligation to Pay Long Term Incentive Bonus Upon Termination
Notice of Delay: Simon says, “I am making a claim.”
Notice Periods for Without Cause Terminations
Nova Scotia – Legal Implications of the COVID-19 Emergency
Nova Scotia Aims to Supercharge Start-up Growth With Revised Equity Tax Credit
Nova Scotia Aims to Supercharge Start-up Growth With Revised Equity Tax Credit – Updated following Spring 2019 Provincial Budget: Corporate Investors Now Eligible
Nova Scotia Court Orders Father to Return Child to Mother Despite COVID-19 Concerns
Nova Scotia Direction Provides Flexibility for Shareholder, Member and Director Meetings during COVID-19
Nova Scotia Eviction Moratorium and Rent Deferral
Nova Scotia Experience: Express Entry
Nova Scotia Government Proposes Amendment to the Labour Standards Code
Nova Scotia Legislative Report – Fall Sitting Dec 16, 2011
Nova Scotia Legislative Report – Fall Sitting Dec 2, 2011
Nova Scotia Legislative Report – Fall Sitting Dec 3, 2010
Nova Scotia Legislative Report – Fall Sitting Dec 6, 2012
Nova Scotia Legislative Report – Fall Sitting Dec 9, 2011
Nova Scotia Legislative Report – Fall Sitting Nov 10, 2011
Nova Scotia Legislative Report – Fall Sitting Nov 10, 2011
Nova Scotia Legislative Report – Fall Sitting Nov 12, 2010
Nova Scotia Legislative Report – Fall Sitting Nov 16, 2012
Nova Scotia Legislative Report – Fall Sitting Nov 18, 2011
Nova Scotia Legislative Report – Fall Sitting Nov 19, 2010
Nova Scotia Legislative Report – Fall Sitting Nov 2, 2012
Nova Scotia Legislative Report – Fall Sitting Nov 23, 2012
Nova Scotia Legislative Report – Fall Sitting Nov 25, 2011
Nova Scotia Legislative Report – Fall Sitting Nov 26, 2010
Nova Scotia Legislative Report – Fall Sitting Nov 30, 2012
Nova Scotia Legislative Report – Fall Sitting Nov 9, 2012
Nova Scotia Legislative Report – Fall Sitting November 4, 2011
Nova Scotia Legislative Report – Spring Sitting – April 20, 2012
Nova Scotia Legislative Report – Spring Sitting – April 27, 2012
Nova Scotia Legislative Report – Spring Sitting April 12, 2013
Nova Scotia Legislative Report – Spring Sitting April 13, 2012
Nova Scotia Legislative Report – Spring Sitting April 15
Nova Scotia Legislative Report – Spring Sitting April 18, 2013
Nova Scotia Legislative Report – Spring Sitting April 21
Nova Scotia Legislative Report – Spring Sitting April 26, 2013
Nova Scotia Legislative Report – Spring Sitting April 29
Nova Scotia Legislative Report – Spring Sitting April 30, 2010
Nova Scotia Legislative Report – Spring Sitting April 5, 2012
Nova Scotia Legislative Report – Spring Sitting April 5, 2013
Nova Scotia Legislative Report – Spring Sitting April 8
Nova Scotia Legislative Report – Spring Sitting March 28, 2013
Nova Scotia Legislative Report – Spring Sitting May 10, 2013
Nova Scotia Legislative Report – Spring Sitting May 11, 2012
Nova Scotia Legislative Report – Spring Sitting May 13
Nova Scotia Legislative Report – Spring Sitting May 13, 2010
Nova Scotia Legislative Report – Spring Sitting May 13, 2013
Nova Scotia Legislative Report – Spring Sitting May 17, 2012
Nova Scotia Legislative Report – Spring Sitting May 20
Nova Scotia Legislative Report – Spring Sitting May 3, 2013
Nova Scotia Legislative Report – Spring Sitting May 4, 2012
Nova Scotia Legislative Report – Spring Sitting May 6
Nova Scotia Legislative Report – Spring Sitting May 7, 2010
Nova Scotia Legislative Report – Spring Sitting, April 1, 2010
Nova Scotia Legislative Report – Spring Sitting, April 9, 2010
Nova Scotia Legislative Report Fall Sitting
Nova Scotia OKs Electronic Record Keeping, Corporate Practices
Nova Scotia restructuring facilitates economic growth, better services.
Nova Scotia Restructuring Offers New Model for Consolidation
Nova Scotia: Application of Restorative Process to Discrimination Complaint
Nova Scotia: Can Offshore Aquaculture Be Our Culture?
Nova Scotia: Duty to Consult in Large Infrastructure Projects and COVID-19 Impacts – A review of Nova Scotia Supreme Court’s recent judgment in Sipekne’katik v. Alton Natural Gas Storage LP, 2020 NSSC 111
Nova Scotia: Marine Renewable Energy Act – A Synopsis
Nova Scotia: Marine Renewable Energy Act 2.0 – Amended and Proclaimed in Force: What’s New?
Nova Scotia: Marine Renewable-energy General Regulations – Important Considerations for Project Developers
Nova Scotia: The Risks of Tenured Employees
NS Legislative Report – Wrap Up November 9
NS Legislative Report, Fall Sitting
NS Legislative Report, Fall Sitting – Update October 16
NS Legislative Report, Fall Sitting – Update October 23
NS Legislative Report, Fall Sitting – Update October 30
NS Legislative Report, Fall Sitting – Update October 8
Oil & Gas Update: Shell Canada Ltd. Becomes Joint Venture Partners with ConocoPhillips and Suncor Energy
Oil & Gas: Canada-Nova Scotia Offshore Petroleum Board Calls for Bids for Six Offshore Parcels
Old House or Provincial Landmark? Designating Heritage Properties in Nova Scotia
Once After a Lifetime: An Author’s Life, Death and Copyright Reversionary Interests in Canada
One Strike and You’re Out: Employer’s Just Cause Dismissal Upheld
Ontario Court of Appeal Determines That Employer Cannot Rely Upon an Employee’s Waiver of Risk of Injury
Ontario Court of Appeal: Random Drug Testing Still Unjustified
Ontario Superior Court of Justice Releases Decision Regarding Parenting and Access During COVID-19
Ontario’s New “Deferential” Approach to Planning Appeals – Lessons from Nova Scotia
Overtime and the Salaried Employee
Overview of the New Legal Era for Development Projects in the NL Offshore
Parties, Cocktails & Cannabis – the Triple Threat for Host Liability
Parties, Cocktails & Cannabis – the Triple Threat for Host Liability
Peace of Mind: Step by Step Process of Planning Your Will
PEI Court Addresses Common Law Vehicle Ownership and Piercing the Corporate Veil
PEI Government Announces Business Adaptation Program Funding
PEI Municipalities: Preparing for Cannabis Legalization
Pension Benefits Act – Shared Risk Pension Plans “The Dutch Model”
Pension Benefits Not Deductible from Wrongful Dismissal Damages
Performance Management of Older Workers
Permissive Non-Competition Clauses in Employment Contracts – Case Law Update
Plaintiff Recovery Limited When Contributorily Negligent
Police in NL to Lead Workplace Investigations
Porter Airlines Inc. Hits Turbulence: Enters Into Undertaking With CRTC for Non-Compliance With CASL
Post-Employment Obligations for Fiduciary vs Non-Fiduciary Employees
Post-Incident Alcohol and Drug Testing Addressed by NL Court of Appeal
Pregnancy Quips Perpetuate Gender Discrimination
Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations
Preparing for the Builders’ Lien and Prompt Payment Act
Preventing an Employee From Working During Working Notice Can Be Constructive Dismissal
Professional Regulation in the Era of Social Media: Strom v Saskatchewan Registered Nurses’ Association, 2020 SKCA 112
Project Manager Criminally Convicted for Workplace Negligence Causing Deaths and Personal Injury
Proposed Changes to the Automobile Insurance Act and the Insurance Companies Act
Proposed Replacement to the New Brunswick Mechanics Lien Act Introduced in the Legislature
Protecting Your Brand on the Internet: Special Rules for the New .xxx Domain
Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings
Proving Damages for Mental Injury: Guidance from the Supreme Court of Canada
Public Policy and Wills: How Do They Interact?
QuadrigaCX
Quarry Quandary – Case Comment
Random Alcohol Testing Not Permitted in the Workplace
Random Alcohol Testing Permitted in Dangerous Workplaces
Random Drug and Alcohol Testing OK For Now at the Toronto Transit Commission
Re Norcon Marine Services Ltd.: Court-appointed vs. Private-appointed Receivers
Re-Opening of Sponsorship of Parents and Grandparents
Receivership Orders in Nova Scotia: Case Law Update
Receiverships and COVID-19 – Is the Pandemic Sufficient Cause for Postponement of an Asset Sale?
Recent Case Law on Provincial Nominee Programs
Recent Changes Affect Parental and Maternity Leave in Atlantic Canada
Recent Changes to New Brunswick’s Employment Standards Act Increases Employees’ Leave Eligibility
Recognizing Duty of Honest Contractual Performance
Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment and Expedited Dispute Resolution
Regional Construction Newsletter Fall 2013: Litigation-avoiding Behaviour
Regional Construction Newsletter Spring 2013: Choosing the Right Tool for the Job
Regional Construction Newsletter Winter 2014 – Construction Safety: A Changing Landscape
Regional Employment and Labour Group Newsletter
Regional Insurance Litigation Group: Atlantic Canada Case Law Updates
Registration Under the Controlled Goods Program
Removal of a Personal Representative – When and Why?
Removal of an Attorney Under an Enduring Power of Attorney – When and Why?
Requirements for Granting a Bankruptcy Order
Restrictive Covenants in the Commercial Context: Payette v. Guay Inc., 2013 SCC 45
Revised Labour Standards for Federal Employers
Revisiting Pound v. iWave: Lessons for Employers
Risk Management Counsel of Canada’s Guide to Litigation in Canada
Risky Business: Is Your Brand Protected?
Rule 22 Motions: No Discovery? No Problem!
Safety First: How Different Insurance Policies Offer Different Security
Saint John’s New Municipal Plan: Implications for Residential Property Developers
SCC Confirms International Organizations’ Immunity to Wrongful Dismissal Actions
SCC Declares Termination for Impairment in the Workplace Not Discriminatory
SCC Upholds Inter-Provincial Liquor Trade Restrictions: One Man’s Goodbye to Constitutionally Guaranteed Cheap Quebec Beer and the Broader Implications
Seasonal Worker Did Not Qualify as “Employed” for Purposes of Loss of Income Payments under Automobile Insurance Policy
Securities Law: National Instrument 31-103
Security for Costs in Estate Litigation
Serious and Temporarily Disabling Injuries Satisfy Definition of Minor Personal Injury
Settlement Agreements: Essential Terms and the Importance of Consensus
Sexual Harassment and the Perils of Failing to Manage Workplace Decorum
Sexual Harassment: A Delicate Matter for Employers
Shareholder Loans: Are They Equity or Debt?
Shell Committed to Nova Scotia
Shipbuilding Contracts and Industrial and Regional Benefits Requirements
Shipbuilding: How American Secrecy Requirements Affect Your Business
Shipbuilding: IRB Policy and the Benefits of Public-Private Consortia
Significant Development in the Law of Guardianship in Newfoundland and Labrador
Signing Wills and Estate Planning Documents in Nova Scotia While Social Distancing
Signing your Name on the Dotted Line is Not Always Enough: A Signed Employment Contract May Not Be Enforceable
So You Want to Start a Brewery or Distillery? Things You Need to Know to Start Your Business on a Solid Legal Foundation: Corporate Structure, Licensing, Intellectual Property, and Lease Agreements
Social Media and the Employment Relationship
Social Media and the Workplace
Some Nice Trade-mark (Classification) News from Canada: Application of the 11th Edition and Courtesy Letters
Spring Cleaning – Human Resource Practices
Strong Message Sent to Employer Paying Less than Minimum Wage to Developmentally Disabled Employees
Structuring Your Fishing Business for Growth: Selecting the Optimal Business Model to Minimize Risk and Maximize Profit
Substantial Changes to Employment for Employee Returning from Maternity Leave = Significant Damage Award
Substantive Consolidation: Efficient and Equitable Restructuring of Group Companies
Successful Settlement Agreement Enforced
Suncor Decision: High Standard for Random Drug and Alcohol Testing Policy Confirmed
Supplier Beware: Appropriate Payments at Your Own Risk
Supreme Court of Canada Clarifies the Scope of Existing Duties of Care
Supreme Court of Canada Confirms the Law on Rectification
Supreme Court of Canada considers whether Equity Partner is an Employee
Supreme Court of Canada Constitutionalizes Right to Strike
Supreme Court of Canada Finds Constructive Dismissal where Administrative Suspension is Not Justified and Reasonable
Supreme Court of Canada Finds RCMP Labour Relations Regime Unconstitutional
Supreme Court of Canada Rules Future CPP Benefits Not Deductible Under an SEF 44 Claim
Supreme Court of Canada sets out New Framework in Assessing Standard of Review of Administrative Decisions
Supreme Court of Canada to Clarify Who Qualifies for Protection Under Human Rights Legislation
Supreme Court of Canada to Consider Freedom of Association in Collective Bargaining Process
Taxation of Damages: Her Majesty Wants Her Pound of Flesh Too
Technology and the Construction Industry: Opportunity for Evolving Trends in a Tech Driven World
Temporary Lay-off Period Extended in Newfoundland and Labrador
Tendering and COVID-19: bidders beware (or at least be aware)
Tendering: What are the Rules?
Terminated Employee Entitled to Bonus Payments
Terminating a Probationary Employee? Not So Fast…
Termination Clauses: Nova Scotia Supreme Court Weighs In
Termination For Drug Impairment Is Not Discriminatory
Termination of Benefits for Employees over 65
Termination of Consultant Results in Award of 8 Month Notice Period
Termination of Long-Term Employee Upheld When Employee Failed to Work When Able
Termination of Probationary Employees under Labour and Employment Law
Termination Without Cause Can Lead to Expedited Litigation
Terminations under the Canada Labour Code need not be for Cause
Terminations without Cause – An Assessment of Reasonable Notice
The “Wells Report” on Municipal Ethics Systems: Window Dressing or Institutional Fabric?
The Atlantic Immigration Pilot Program, an Option for Immigrating to Atlantic Canada
The Atlantic Immigration Pilot, an Option for Immigrating to Nova Scotia
The Beginning of the End of a Different Legal Test for Family Status Discrimination?
The CAO and Council – Leading Down, Out and Up
The CRA’s Revised Fundraising Guidelines: Legislation Needed
The Current Status of Mandatory Retirement in the Atlantic Provinces – A Range of Approaches
The Day After: Canada’s Breach Notification Rules Soon to be in Effect
The Debate Over Moral Damages Continues
The Duty to Accommodate: When is the Point of Undue Hardship Reached?
The Duty to Defend Does Not Arise Until Notice of the Claim is Given
The Duty to Mitigate: When is an Employee Required to Accept an Offer to Return to the Same Employer?
The Enforceability of Non-Competition and Non-Solicitation Clauses
The Ever-Increasing Expense of Human Rights Remedies
The Exclusion for Intentional or Criminal Acts
The High Cost of Age Discrimination
The Impact of Bullying and Harassment in a Safety-Sensitive Work Environment
The Importance of Plaintiff Credibility in Determining Causation
The Interplay between Workers’ Compensation and the Duty to Accommodate
The Latest on Crowdfunding Exemptions in Nova Scotia and New Brunswick
The Latest Word on Restrictive Covenants in Employment Contracts
The Lurking Danger of Abruptly Ending Disability Benefits Upon Termination
The New February Holiday a Not-So Welcome Announcement for Employers
The NSPS and Canadian Small and Medium Business — 5 Answers You Need to Know
The Older Job Applicant: Human Rights Considerations
The Potential High Cost of a Small Claims Action
The Recognition and Enforcement of Foreign Judgments in New Brunswick: The Path Through Murky Water
The Reduction of Retirement Benefits and the Rise of Class Action Lawsuits
The Right Person For The Job: Nova Scotia Human Rights Board Finds Duty to Accommodate Prospective Employees
The Statutory Freeze of Employment Terms and Conditions in the Public Service Labour Relations Act – Case Law Update
The Supreme Court of Canada Ends the Debate – Waiver of Tort is Not an Independent Cause of Action: Atlantic Lottery v. Babstock
The Supreme Court of Canada’s Decision on Historical Child Support Awards
The Supreme Court of Newfoundland and Labrador to clarify probate fees payable pursuant to the Services Charges Act
The Taxman Cometh: CRA Priorities in Insolvency Proceedings
Title Insurance: Peace of Mind for the Commercial Lender
To Order an Advance Payment to a PEI Motor Vehicle Accident Plaintiff – or Not – That Was the Question
Tort of Unauthorized Public Disclosure of Private Facts in State of Flux Following Overturn of Default Judgment
Transfers and Non-Canadian Ownership of Atlantic Canadian Fishing Licences
Trapdoors in Newfoundland and Labrador Transactions: Prohibited Financial Assistance
Tread Carefully – Enforcement of Farming Assets
True Lessors, the CCAA and Allocation of Administrative Expenses
Truth or Consequences: Municipal Governance for the 21st Century
Two IMEs, one doctor: Retaining the same medical expert to examine an insured individual involved in two accidents
Two Remedies for Unpaid Subcontractors: Trusts and Liens
Union Decertification: Employers, Step Aside
Unprecedented Damage Award for Violation of Human Rights
Up Close and Personal…Guarantees
Upcoming Amendments to the Workers’ Compensation Act and the Occupational Health and Safety Act
Update – Canada-US Agreement on Government Procurement
Update: An Overview of Parental and Maternity Leave in Atlantic Canada
Update: Is the Failure to Provide Parental Leave “Top-Up” Benefits Discriminatory?
UPDATE: Re-Opening of Sponsorship of Parents and Grandparents
Update: The Supreme Court of Newfoundland and Labrador Clarifies Probate Fees Payable for Pre-June 2015 Estates
Use it or Lose it: Provide Gifts, Inc. V. MJB Marketing Inc. 2014 TMOB 15
Use of Social Media for Operational Purposes: Should Employers Hang up the Hashtag?
Using Henson Trusts to Plan for a Family Member with a Disability
Voluntary use of Nice Classification in Canadian Trade-mark Applications Begins
Wal-Mart’s Store Closure Contrary to Quebec Labour Code
What are an Employer’s Obligations with Respect to Gender Identity?
What Constitutes a Sufficient Breach of Trust to Justify Dismissal?
What Employers Should Know in Terminating Probationary Employees
What Happens to Employment When an Employer Sells its Assets?
What the Safe Food for Canadians Act means for fishers
When an Independent Contractor is not an Independent Contractor
When Can A Disabled Employee Be Terminated?
When Does an Employer Need to Accommodate Childcare Obligations?
When Standard Form Contracts are Non-Standard
When the Courts “Exclude” an Exclusionary Clause, Insurers Have a Duty to Defend
When Will an Employer Be Liable for Bad Faith Damages?
Who Gets the Money: Builders’ Lien Trust Claimants or Bankruptcy Creditors – Priorities in NS and NB
Who Is A Parent?
Who Owns That School? The Crown and the Validity of Lien Claims
Who Pays the Costs? Responsibility for Legal Fees in Disputed Estates Matters
Why Multinationals and Their Advisors Should Consider Including Nova Scotia Companies in Their Structures
Why Universities are Rethinking Their Copyright Policies
Will Legalization Cause Workplace Safety To Go Up in Smoke?
Without Cause Termination Provisions: The Potential Ace in an Employer’s Hand
Witnessing Wills in Newfoundland and Labrador: What does “in the presence of” actually mean?
Workers’ Compensation – Proposed Changes to Expand Recovery for “Workplace Stress”
Workers’ Compensation May Have to Provide Benefits for Stress
Working Notice not Appropriate for Employees on Medical Leaves of Absence
Workplace Accident: Manager Sentenced to 3 ½ Years in Jail
Workplace Investigations: Navigating Respectful Workplace Policies

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