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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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David Fraser’s Google Hangout Video: The New Canadian Anti-SPAM Law 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 (on leave) 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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Catching Up: The Case for Infrastructure Banks in Canada
By Brian Flemming May 28, 2014

In the slow recovery from the devastating world-wide recession of 2008-9, Canada continues to face a large “infrastructure deficit.” Traditional ways of paying for new infrastructure projects or renewal — property, gas taxes, and government grants — may not be able to finance all major projects in future. Around the world, countries and subnational political

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Legal Alert: Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy
By Daniel Wallace May 26, 2014

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable.   McInnes Cooper’s Dan Wallace represented Canadian Forces Major Marcus Brauer in the first Canadian court

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Legal Alert: SCC Says Equity Partner Not An Employee Under Human Rights Law
By Lucie LaBoissonnière , Leah Kutcher May 23, 2014

On May 22, 2014 the Supreme Court of Canada reaffirmed the control / dependency test for “employment”, and decided that human rights legislation doesn’t protect a person with an ownership interest in the business from employment discrimination – including mandatory retirement at age 65.   McCormick was an equity partner in a law firm. The

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Legal Update: Post Federal Budget 2014 Tax and Estate Planning – From Testamentary Trusts to Alter Ego and Joint Partner Trusts?
By Jeffrey Blucher, Hasan Naqvi May 22, 2014

In the 2014 Federal Budget, the Federal Government proposed changes to the taxation of testamentary trusts that will significantly reduce the potential benefits of testamentary trust planning – and will likely make establishing an alter ego or a joint partner trust a better option for more taxpayers:   Taxation Changes. The proposal to apply flat

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