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People
- Aaron M. Savage
- Adam M. King
- Alicia Wilbert, CPA, CA
- Allison J. Philpott
- Amy J. Stewart
- Amy MacGregor
- André Carroll
- Andrea Pierce
- Andrew Sowerby
- Anna M. Cook
- April L.D. Parker
- Ashley C. Dickey
- Ashley J. Arbour
- Ashley Savinov
- B. Gareth Briden
- Bailey Campbell
- Bâtonnière Hélène L. Beaulieu, QC, FCIP
- Ben Howard
- Ben Ladner
- Blair C. Fraser, QC
- Brian W. Downie, QC
- Bruce D. Hatfield, QC
- Caitlin Mahoney
- Caitlin Regan
- Caleb G. Hunter
- Caroline H. McAvity
- Catherine M. Bowlen
- Charity L. Hogan
- Charles D. Whelly, QC
- Chika Chiekwe
- Christiana Tweedy
- Christopher T. Whibbs
- Colin Gale
- Colin J. Clarke, QC
- Cortney M. Luscombe
- Dale T. Briggs
- Daniel F. Gallivan, QC
- Daniel L. Stevenson
- Daniel M. Campbell, QC
- Daniel W. Ingersoll, QC
- Daphne E. Dumont
- Darren D. O’Keefe
- Darren R. Purchase
- David A. Reid
- David G. O’Brien, QC
- David R. Hammond, QC
- David T. Hashey, QC
- David W. Hooley, QC
- Deborah M. Power
- Deirdre L. Wade, QC
- Denis Fleming
- Devon E. Cassidy
- Douglas Wright
- Drew D. Ritchie
- Duane M. McAfee
- Edward W. Keyes, QC
- Elizabeth (Libby) Shaw
- Elliott Bursey
- Ewan W. Clark
- F. Richard Gosse
- G. Todd Stanley, QC
- Gavin D.F. MacDonald
- Geoffrey Breen
- George L. Cooper, QC
- Gerald W. O’Brien, QC, CA
- Gregory M. Anthony
- Griffith D. Roberts
- Guy S. Wellard
- Isabelle C. Moreau
- Isabelle Keeler
- J. Andrew D. Campbell
- Jack M. Blackier, FCA
- Jacob Che
- Jacqueline Boucher
- Jade A. Spalding
- James Green
- James K. O’Connell, QC
- James W. Macnutt
- James W.E.B. Profit
- Jamie Eddy
- Jeffrey H. Leard
- Jeffrey P. Flinn
- Jennifer Campbell
- Jennifer M. Petryshen
- Jessica Bungay
- Jillian B. Strugnell
- Jim Musgrave, QC
- Jocelyn M. Campbell, QC
- Joel M. Wonnacott
- Joey D. Palov
- John Alexander “Sandy” Jenkins
- John G. Stewart
- John P. Barry, ONB, QC
- John P. Morrissy
- John T.G. Boyle
- Jonathan Hooper, TEP
- Jordan C. Stephen
- Jordan K.M. Brown
- Jorge P. Segovia
- Joseph F. Burke
- Joseph Herschorn
- Josh J.B. McElman
- Karen A. Campbell, QC
- Karen M. MacLeod
- Kathleen M. O’Neill
- Katie Morello
- Kelcie N. White
- Kelsey Nearing
- Kevin Latimer, QC
- Kilian Schlemmer
- Krisanne Bishop
- Laura A. Brocklehurst
- Laura B. Hanusiak
- Laura Boyd
- Leah M. Good
- Leanne M. O’Leary
- Lindsey Wareham
- Lisa Delaney
- Lisa M. Daly
- Luke T. Hayden
- Lynda Rogers
- M. Serena Smith
- Marc A. Beaubien
- Margaret J. Keliher
- Maria K. Powell
- Marie-Pier Levesque
- Marine Polo
- Matt Saunders, CIPP/C
- Matthew J. Dorreen
- Matthew M. Peyton
- Matthew Moulton
- Matthew R. MacLeod
- Megan Taylor
- Melanie McKenna
- Melissa M. Saunders
- Melissa Miles
- Michael A. Gillis
- Michael A. McWilliam
- Michael D. Heikkinen
- Michael M. Gallagher
- Michelle A. Willette
- Michelle M. Kelly
- Mohammad Ali Raza
- Monika Zauhar
- Neala J. Kielley
- Nicholas A. Ouellette
- Nicholas C.G. Mott
- Nicole Heelan
- P. Alanna Taylor
- P. Robert Arkin
- Patrick B. Power
- Patrick Fitzgerald
- Patrick I. Cassidy, QC
- Paul J. White
- Paul M. McDonald, TEP
- Peter Faour
- Peter R. Forestell, QC
- Peter T. Zed
- Peter T. Zed, QC
- Randall W. Smith
- Raymond F. Glennie, QC
- Richard W. Norman
- Rick F.T. Nesbitt
- Robin K. Aitken, TEP
- Ryan A. Moss
- Ryan P. Burgoyne
- Ryan P.W. Lebans
- Ryan Parsons
- Sandra Arab Clarke, QC
- Sarah Stevens
- Sarah Zurel
- Sean Glover
- Shawn M. Kavanagh
- Sian G. Laing
- Simon-Pierre Godbout
- Stephanie Charlton
- Stephanie Hickman, QC
- Stéphanie Luce
- Stephen J. May, QC
- Steven A. Forbes
- Stewart Hayne
- Suzanne I. Rix
- Sydney Logan
- Talia C. Profit
- Tanner McInnis
- Tara M. McIntyre
- Terri C. Higdon
- The Honourable Clyde K. Wells, QC
- The Honourable Edward Roberts, CM, ONL, QC
- The Honourable Michel P. Samson, BA, LLB, ECNS
- Thomas M. Munn
- Tracy L. Wong
- Vanessa N. Gray
- Véronique Guitard
- Victor J. Goldberg, QC
- W. Harry Thurlow
- Walter D. Vail, QC
- Wayne Myles, QC
- William H. Teed, QC
- William T. Cahill
- William W. Milne, CPA, CA
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
- 10 Certain Steps to Better Municipal Council Meetings
- 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
- A Word of Caution for Employers: When Terminating Employees Say What you Mean and Mean What you Say
- 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 “Adequate” Makeover? Canadian Privacy Law gets a 21st Century Upgrade
- 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
- Breach of COVID-19 Policy Justifies Termination
- 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
- Defence of Slip, Trip and Fall Liability Claims 101
- 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 – Top Ten Cases of 2020
- 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
- Family Law and Taxes
- 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 it Right on Human Rights
- 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?
- Landlord Protection Against Frequent, Short-Term Sublets
- Law Firm’s Administration Fees Disallowed in Great North Data Ltd. (Re)
- 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: Defying the Odds
- 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 Court of Appeal Rules on Child Support Obligations of Shared Parents
- 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
- Privacy Gets Pricey: Rising GDPR Fines and the Risks Facing Canadian Companies
- 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?
- Required to Register as a Lobbyist? Another 2020 Surprise for Business.
- 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
- 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 Provides Clarity Re Anti-Deprivation Common Law Rule
- 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
- Virtual Court Should Remain a Tool to Benefit Litigants
- 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
- Zombie Deeds Can Finally Be Laid to Rest