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Publications


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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Legal Update: 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act
By Dominique Fontaine September 30, 2014

Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards law that applies to most employees in NB -  imposing additional obligations on NB employers:   Electronic Pay Stubs. Employers can provide a pay statement to employees electronically – but only if the employees

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Legal Alert: SCC Comes Down Firmly on the Side of Consumer Protection in Financial Services Sector
By Kevin J. Kiley September 22, 2014

On September 19, 2014 the Supreme Court of Canada decided that provincial consumer protection legislation applies to banks and credit unions in credit matters. The decisions increase the sphere of provincial legislation that could apply to federally regulated financial institutions, give the provinces greater scope in consumer protection, and send financial institutions a strong message

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Legal Update: The Top 5 Corporate Governance Best Practices That Benefit Every Company
By Colleen P. Keyes September 16, 2014

Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from, implementing corporate governance practices. The reality is that all companies – big and small, private and public, early stage or established – compete in an environment where good governance is a business imperative.

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Legal Update: Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16
By Barry Horne September 11, 2014

The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents not residing in a treaty country interposing a treaty resident entity between it and a Canadian source of income. On August 29, 2014 the Canadian government shelved its proposal for a domestic treaty shopping rule pending

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Legal Alert: Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party
By Richard J. Scott, Shivani Chopra September  9, 2014

Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982. All litigants will experience increased out-of-pocket disbursements during trial preparation, and the discretion given to the assessing officer to increase some amounts will allow more of the actual costs

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McInnes Cooper’s Chris MacIntyre in Internet and E-Commerce Law in Canada: Joining the Crowd – Nova Scotia and New Brunswick Considering Crowdfunding
By Chris MacIntyre September  9, 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.   Read McInnes Cooper lawyer Chris MacIntyre’s

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Legal Update: PEI Amends Insurance Act’s Schedule B and Cap Provisions
By D. Shannon Farrell September  4, 2014

The province of PEI recently enacted Bill 46, An Act to Amend the Insurance Act. The amendments to the PE Insurance Act (Act) are expected to apply to all motor vehicle accidents occurring after October 1, 2014, although the date on which the amendments will take effect is not yet set. The amendments include several

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Legal Alert: Nova Scotia Pension Regulator to Move to a New Provincial Department
By Kiersten Amos August 27, 2014

Effective September 1, 2014, all Nova Scotia provincial pension services currently assigned to the NS Department of Labour and Advanced Education or its Minister, will be moved to the Department of Finance and Treasury Board or its Minister.   The NS Pension Regulation Division, which is responsible for administering and enforcing the Nova Scotia Pension

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