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McInnes Cooper’s David Fraser in Canadian Privacy Law Review: Ontario Court Awards $10K for Legal Aid File Peeking in McIntosh v. Legal Aid Ontario
By David Fraser December 18, 2014

Breach of privacy and the civil wrong of “invasion of privacy” or “intrusion upon seclusion” and the compensation for it is an evolving area of law in Canada.  Read McInnes Cooper lawyer David Fraser’s article,  Ontario Court Awards $10K for Legal Aid File Peeking, about the Ontario Superior Court’s decision on a civil claim for breach of

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Legal Alert: Privacy in Basic Cell Phones – SCC Continues Trend of Privacy Protection in R.v. Fearon
By David Fraser, David Eaton December 11, 2014

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them – this time in basic cell phone contents. The SCC decided it must modify the police power to conduct prompt cell phone searches incident to arrest because of its increased potential to

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Legal Update: Canada’s Anti-Spam Legislation (CASL) Software Installation Sections Effective January 15, 2015 – 10 FAQs
By Thomas Raffy, Trent Skanes December 11, 2014

On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted as the toughest in the world, came into force on July 1, 2014 – and had businesses scrambling to comply. CASL’s software provisions impose equally broad and onerous procedural requirements for companies and individuals installing computer

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Legal Update: 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)
By Julie Robinson December 10, 2014

“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining and other natural resource industries are increasingly focussing on it. It’s safe to say that CSR is part of the “new normal” in the natural resource sector.   CSR has many definitions, but the

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Legal Update: Investing in Atlantic Canada – 5 FAQs About Atlantic Canada’s Small Business Investor Tax Credit Programs
By Marie-Claude Blais, Nick Whalen, Julie Robinson, Kaitlyn Angus December  9, 2014

Tax time is coming. Have you considered investing in an Atlantic Canadian small business as a tax tool? Maybe you should: it’s a win for Atlantic Canada’s small businesses and for their investors.   Every Atlantic Canadian Province has some form of an investor tax credit program:    NB Small Business Investor Tax Credit Program 

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Legal Update: You better watch out … 5 Tips to Manage Employer Host Liability During the Holiday Season (Or Any Time)
By Amanda Nash, Lucie LaBoissonnière December  5, 2014

The Holiday season is here – and so are the holiday parties. Employers host a virtual winter storm of events over the holiday season and beyond – office parties, retreats, client and customer receptions. They intend these to be enjoyable events, opportunities for employees to celebrate the end of a year together, thank customers, network,

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Legal Update: Complying with Canada’s Anti-Spam Legislation (CASL) – A blueprint for the construction industry
By David Fraser, Trent Skanes December  1, 2014

The construction industry – project owners, contractors, subcontractors and trades – might be relaxing, ignoring the hype around Canada’s Anti-Spam Legislation (CASL), and thinking it’s targeted at “spammers”.   But don’t get too comfortable; here’s how CASL applies to you, why you should care – and the top 5 “Dos and Don’ts” if you didn’t

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Legal Update: Egg Films Epilogue – 5 Key Implications of NS Union Certification Based on “Industry” Dependence in Egg Films Inc. v. Nova Scotia (Labour Board)
By Jack Graham, Michael Murphy November 27, 2014

Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence on the employer’s “industry”– even when those “employees” may have worked for the employer for a single day.   The Supreme Court of Canada’s (SCC) September 2014 refusal to hear the

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McInnes Cooper’s David Fraser and Trent Skanes in the Newfoundland & Labrador Construction Association’s 2015 NLCA Construction Journal: Complying With Canada’s Anti-Spam Legislation (CASL) – A blue print for the construction industry
By David Fraser, Trent Skanes November 24, 2014

The construction industry, from project owners and contractors to subcontractors and trades, might be sitting back, ignoring the hype around Canada’s Anti-Spam Legislation (CASL), thinking it’s targeted at “spammers”: faceless entities that bombard us with electronic “junk”. But they shouldn’t get too comfortable; CASL applies to them, too.    In “Complying With Canada’s Anti-Spam Legislation

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Legal Alert: Thou Shalt Not Lie – SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew
By Chris MacIntyre, Harvey L. Morrison November 14, 2014

On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the following:   Principle of good faith.  There is a general overarching principle of good faith performance within contract law that requires each contracting party to have “appropriate regard” for the other party’s legitimate contractual

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Legal Update: Making the Most of the New China – Canada Bilateral Investment Treaty
By Megan Seto November  6, 2014

On October 1, 2014, the long-delayed and controversial Foreign Investment Promotion and Protection Agreement (FIPA) between China and Canada came into force. The new FIPA signals a deepening of the growing trade relationship between the nations, offering investors in both a more transparent and more predictable investment environment – and greater certainty that should encourage confidence

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Legal Update: NS Proposes New Limitation of Actions Act – The 3 Top Benefits & The 10 Key Changes
By Danielle Kershaw November  3, 2014

On October 29, 2014, the NS Government introduced Bill 64. When passed into law, Bill 64 will replace the current NS Limitation of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started in relation to an NS claim – and significantly change the landscape for

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Legal Update: New Fines and Appeal Process for Violations of NS Workplace Health and Safety Laws Effective October 1, 2014
By Malcolm Boyle, Michael Murphy October 20, 2014

Effective October 1, 2014, the NS government has amended the Regulations under the NS Occupational Health and Safety Act to add provisions dealing with administrative penalties (financial fines) and the appeal process for workplace health and safety violations. Although many of the new provisions aren’t beneficial to employers or those appealing decisions, the good news

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Legal Alert: Pension Plans for SMEs – NS Introduces Pooled Retirement Pension Plan Law
By Kiersten Amos, Michael Murphy October 16, 2014

On October 15, 2014, the Nova Scotia government introduced legislation that will, if passed into law, permit Pooled Registered Retirement Pension Plans (or “PRPPs”) in NS:   Pooled Registered Retirement Pension Plans. PRPPs are intended to give employees and self-employed people who do not have access to a traditional workplace pension an accessible, low cost

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Legal Update: Complying With Canada’s Anti-Spam Legislation (CASL) – Protecting Directors and Officers from Personal Liability
By David Fraser, Trent Skanes October 14, 2014

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their directors and officers need to make sure they do. CASL opens directors and officers up to personal liability for violations of it, so every director and officer must think about limiting

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