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Legal Update: Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector
By David Fraser March 25, 2015

On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana Medical Access Program clients – in envelopes clearly displaying the names of both the Program and the recipients. The Privacy Commissioner’s decision is based on the privacy law applicable to the Federal Government, but

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Legal Alert: SCC Clarifies Constructive Dismissal – And How Courts will Handle Administrative Suspensions in Potter v. New Brunswick Legal Aid Services
By Shivani Chopra March  9, 2015

On March 6, 2015 the Supreme Court of Canada clarified the legal test for constructive dismissal, and specifically explained how courts will handle a constructive dismissal claim rooted in an administrative suspension.   Mr. Potter and his employer started to negotiate an early end to his employment contract in exchange for a financial payment. Before

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Legal Alert: No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder
By David Fraser, Trent Skanes March  6, 2015

On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL) handed out its first penalty under Canada’s Anti-Spam Law (CASL): a $1.1 million administrative monetary penalty to Compu-Finder. The penalty makes it clear that when it comes to CASL violations, the CRTC

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Legal Update: Make Way for Women on Boards – 5 New Disclosure Obligations
By Basia Dzierzanowska March  6, 2015

Effective for the 2015 proxy season, all non-venture issuers reporting in nine Canadian Provinces and Territories must disclose the representation of women on boards and in senior management. These new obligations follow a comply or explain why model, and the regulators are  watching – and so are actual and potential investors.   5 NEW DISCLOSURE

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Legal Update: More than a Mere Nuisance – 5 Snow Loading FAQs
By A. Douglas Tupper March  3, 2015

Snow can be a big nuisance at this time of year, but snow load – the weight of the snow, usually measured in pounds per square foot – can be more than a mere nuisance. Your building could affect the snow load of your neighbor’s building or structure, causing significant damage to it for which

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Legal Update: Final Form of New NS Limitation of Actions Act – “Sudden Death” Limitation is Out for Personal Injury Claims
By Danielle Kershaw February 18, 2015

The new NS Limitations of Actions Act – the legislation determines the limitation period (time limit) in which a lawsuit must be started in relation to a NS claim – is now in final form and passed as law though it’s not yet in effect. The final form of the new Act includes one important

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McInnes Cooper’s Megan Seto in Western Journal of Legal Studies – Killing Ourselves: Depression as an Institutional, Workplace and Professional Problem
By Megan Seto February 13, 2015

We love how our lawyers stay current not only with the law, but with many personal interest, community-based, peripheral and workplace issues that affect our clients and their businesses. Megan Seto’s article,  Killing Ourselves: Depression as an Institutional, Workplace and Professional Problem, as published in the Western Journal of law Studies, is one such example. 

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Legal Update: 5 Hot Tips to Help Employers Manage Office Romances
By Kiersten Amos, Wendy MacIntyre February 13, 2015

Romantic relationships between co-workers are unavoidable, with people spending so many of their waking hours at or connected to work these days. But an office romance can affect the workplace and pose challenges for employers both when it’s in full bloom and after it’s faded.   Workplace Impact. An ongoing or fizzled office romance can

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Legal Alert: No More Criminalization of Physician-Assisted Dying – The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)
By Jane O'Neill, Christa Bourque, Catherine D. A. Watson February  9, 2015

On February 6, 2015 the Supreme Court of Canada reached a watershed decision: the criminalization of physician-assisted dying in Canada violates the right to life, liberty and security of the person that the Canadian Charter of Rights and Freedoms guarantees. The healthcare profession, and physicians in particular, will be most directly impacted by the decision

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Legal Alert: Court Confirms Employment Contract is Enforceable in Miller v. Convergys CMG Canada LP – 3 Key Lessons for Employers
By Tara Erskine February  6, 2015

On February 5, 2015, the Supreme Court of Canada dismissed an employee’s application for leave to appeal a decision from the BC Court of Appeal. The Court of Appeal had concluded that his employment contract, which limited his without cause termination notice to the statutory minimum, was binding and enforceable.    This decision is good

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Legal Alert: Supreme Court of Canada Says the Charter Protects the Right to Strike in Saskatchewan Federation of Labour v. Saskatchewan
By Kiersten Amos February  2, 2015

On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of association also protects the right to strike – and struck down a Saskatchewan law banning “essential services” public employees from striking because it violates this Charter right.   This is the third in

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Legal Update: Bad Faith & Unfair Dealing in Employee Dismissal – 7 Lessons in 7 Years
By Megan Sheppard, Darren Stratton January 30, 2015

In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental distress its conduct caused him when it terminated his employment – the first such award in NL, and one of the highest in Canada.   It’s been 7 years since

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Legal Update: Stricter Marine Fuel Sulphur (SOx) Content Limit Kicks In – 5 FAQs
By Daniel Watt January 29, 2015

On January 1, 2015, new – and 90% lower – limits on sulphur (SOx) content in marine fuel in Canada kicked in. The new limits apply to almost all types of vessels (including offshore drilling, production and storage vessels) in a defined area. The penalties for non-compliance can be significant – and Transport Canada warns

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Legal Update: Big Changes to Canada’s Trade-marks Law – The Good, The Bad & The Ugly
By Donna MacEwen January 26, 2015

Soon, there’ll be big changes to Canada’s Trade-marks Act – the law that protects, essentially, a brand – fundamentally altering Canada’s trade-mark ownership and protection regime. Most Canadian businesses, from start-ups to large corporations, identify their business, products or services with a unique trade-mark. Some companies own many; for some, it’s their only asset. They

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Legal Alert: Effective Today – Canada’s Anti-Spam Legislation (CASL) Software Installation Sections
By Trent Skanes, Thomas Raffy January 15, 2015

Today, January 15, 2015, the software installation sections of Canada’s Anti-Spam Legislation (CASL) take effect.  CASL’s anti-spam sections came into effect on July 1, 2014, sending businesses scrambling to comply. CASL’s software installation sections impose equally broad and onerous procedural requirements for companies and individuals installing computer programs on computer systems.   To help you

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