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Legal Update: New Brunswick Election Day – A Reminder Of Employer Obligations
By Dominique Fontaine August 22, 2014

  On Monday, September 22, 2014 – one month from today – New Brunswickers will head to the polls to cast their vote for their political candidate of choice. The NB Elections Act gives employees certain rights – and imposes certain obligations on employers – to make their ability to vote meaningful:   Time to

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Legal Update: Court Delivers Clear Ruling on Renewal, Amendment and Disability Plan Limitation Periods
By Michelle Awad August 13, 2014

Recently, the NS Supreme Court decided to dismiss three motions by an insured – and grant the insurer’s Motion for Summary Judgment – offering a helpful review of both the NS Civil Procedure Rules for amending and renewing actions, and limitation periods applicable to disability plans:   Renewal of Notice of Action and Statement of

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Legal Update: Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention
By David Fraser August  1, 2014

Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to “consent” to the sender continuing to send us electronic communications. But what about organizations and people outside of Canada? They may have deleted them assuming they don’t apply to them – in which case, they could

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Legal Update: PE Court Of Appeal Says “Knowledge” Not “Notice” Of Lien Sufficient For Priority Over Subsequent Mortgage
By Tamzin Gillis July 31, 2014

On July 9, 2014, the Prince Edward Island Court of Appeal released its much awaited decision in BMO v. 100875 P.E.I. Inc. The decision will have a significant impact on PE’s construction industry and its financiers going forward.  The Court of Appeal was asked to determine whether, based on the specific facts, the lienholder or

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Legal Update: SCC Says Province has “Crown” Powers (and Obligations) in Traditional Aboriginal Treaties
By Patricia MacIver, Harvey L. Morrison July 15, 2014

On July 11, 2014, the Supreme Court of Canada confirmed that the “Crown” in historical treaties with First Nations groups includes both the provincial and the federal governments, and the provincial Crown has both the “Crown’s” obligations and rights under them – and can exercise these rights (subject to  constitutional limitations) without the federal Crown’s

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Legal Update: Canada’s Temporary Foreign Worker Program Overhaul
By Mercy Motey July  9, 2014

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement and compliance mechanisms, the overhaul increases the restrictions on Canadian employers’ use of temporary foreign workers – and Canadian employers will face additional challenges hiring temporary foreign workers going forward:   Two Programs. The International

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Privacy & Technology Lawyer David Fraser’s Google Hangout Video: The New Canadian Anti-SPAM Law (CASL) and Your Business
By David Fraser June 26, 2014

The new Canadian Anti-Spam Law (CASL) takes effect on July 1, 2014.  CASL is broad and complicated. Watch leading Canadian Privacy and Technology Lawyer David Fraser of McInnes Cooper’s Google Hangout video about CASL and how it will affect your business.  

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Legal Alert: SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada
By Carole Chan June 26, 2014

On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test for Aboriginal title in Canada – and decided that where there is Aboriginal title to land, the government must seek the consent of the title-holding Aboriginal group to proceed with developments on

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Legal Update: Court Voids Testamentary Bequest To Neo-Nazi Group As Against Public Policy – What About Life Insurance Bequests?
By David Graves June 26, 2014

On June 5, 2014 the NB Court of Queen’s Bench decided the gift an NB man left to the US-based National Alliance (NA) in his will is void because both the information the NA disseminates and the NA’s purpose are against public policy.   The decision makes it clear that there are limits to both

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James Mosher in Ontario Real Estate Law Developments: Exercise Due Diligence – Not Blind Reliance – When Dealing With Municipal Authorities
By James C. Mosher June 23, 2014

On May 2, 2014 the Supreme Court of Canada decided a party can’t rely on a municipality’s actions – or lack of actions – to defend itself against charges it violated a municipal zoning by-law. Parties dealing with municipal authorities should exercise due diligence – and not blind reliance.   Read McInnes Cooper lawyer James

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Legal Alert: SCC Protects Internet Users’ Expectation of Privacy In Online Activities
By David Fraser June 16, 2014

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and confirmed that a police investigation isn’t enough to give them the “lawful authority” to get personal information from organizations without a warrant under privacy laws – though it’s not clear what is.

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Legal Alert: Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL
By David Fraser, Thomas Raffy June 12, 2014

The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for non-compliance – come into effect.    If you (and/or your organization and/or its members) haven’t done anything to prepare for CASL, here are the 5 most urgent things to

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Legal Update: Joining the Crowd – NS & NB Consider Crowdfunding
By Chris MacIntyre June 11, 2014

Crowdfunding is an increasingly popular way for small and medium sized businesses and start-ups to raise capital – and it’s caught the attention of Canadian securities regulators. Recently, NS and NB securities regulators joined those of three other Canadian Provinces to propose a regulatory framework customized for crowdfunding:   Crowdfunding 101. What crowdfunding is, the

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Legal Alert: NB Court Decides Bequest to US Neo-Nazi Group is Against Public Policy – and Void
By Marc-Antoine Chiasson, Catherine D. A. Watson June  9, 2014

On June 5, 2014 the NB Court of Queen’s Bench decided both the information US-based National Alliance (NA) disseminates and the NA’s purpose are against Canadian public policy – and so is the gift an NB man left to the NA in his will. Based on this decision, there are limits to not only what

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Legal Update: Atlantic Canada Minimum Wage Roundup
May 28, 2014

With spring (and, finally, the spring weather) officially here, it’s time for our annual roundup of Atlantic Canadian general minimum wage rates:   NS. Effective April 1, 2014 the NS minimum wage rose to $10.40/hour for experienced workers, and $9.90/hour for inexperienced workers. NB. NB’s minimum wage sticks at $10/hour for the third year running. PEI. PEI’s minimum

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