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Legal Alert: SCC Gives Municipalities (& Other Government Authorities) 3 Reasons Not to Say A Little Prayer in Mouvement laïque québécois v. Saguenay (City)
By James C. Mosher April 15, 2015

On April 15, 2015 the Supreme Court of Canada decided the City of Saguenay’s recitation of a religious – though non-denominational – prayer before public Council meetings is discriminatory and breaches its duty of neutrality. Technically, this decision doesn’t say that every religious prayer or practice will breach a state authority’s duty of neutrality. A

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Legal Alert: Section D Subrogation – Insurance Settlement Relevant in Damages Assessment Against Uninsured Driver in MacKean v. Royal and Sun Alliance Insurance
By Wendy J. Johnston April 15, 2015

On April 10, 2015 the NS Court of Appeal confirmed the law in NS when it decided in MacKean v. Royal and Sun Alliance Insurance, 2015 NSCA 33 that a court must review the reasonableness of any settlement a Section D insurer made with an injured party when considering the insurer’s claim for recovery of

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Legal Alert: Express Wish Prevails in First Court Interpretation of NS Personal Directives Act in B.M. v. K.S.
By Catherine D. A. Watson April 13, 2015

  On April 9, 2015 the NS Supreme Court decided a person’s express wish as stated in a valid personal directive – and not what is in her best interests – carries the greatest weight in the first decision by a court considering the NS Personal Directives Act. The decision in B.M. v. K.S. makes

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McInnes Cooper’s Megan Seto in Taxnet Pro™: The Export / Import Journey – 3 Ways Choosing a Free Trade Agreement Country Can Simplify the Trip
By Megan Seto April  8, 2015

Our lawyers share not only their knowledge of the law with our clients; they also share the practical business implications of that legal knowledge. In Megan Seto’s article, The Export / Import Journey – 3 Ways Choosing a Free Trade Agreement Country Can Simplify the Trip, Megan discusses 3 keys ways that choosing a country

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Legal Alert: Investing in Atlantic Canada – NB Increases Small Business Investor Tax Credit Rate
By Marie-Claude Blais April  2, 2015

On March 31, 2015 the NB Government announced an increase to the tax credit rate for individual investors under the NB Small Business Investor Tax Credit Program. For investments made after March 31, 2015 the rate will be 50% for eligible investments by eligible individual investors under the Program, up from 30%, and the maximum

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Legal Update: The Export/Import Journey – 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip
By Megan Seto April  2, 2015

The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and importing goods into Canada can be a complex journey for any business, and especially for first-timers or small and medium-sized businesses (SMEs). There are alot of players, alot of

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Legal Alert: Expert Evidence: Clarification of Requirements for Admission @ Trial in Westerhof v. Gee Estate
By Tom Keeler March 31, 2015

On March 26, 2015 the Ontario Court of Appeal clarified the requirements for introducing expert witness evidence at trial by deciding that Ontario’s civil procedure Rule 53.03 doesn’t apply broadly to all witnesses with special expertise who give opinion evidence. The Ontario Court of Appeal’s decision in Westerhof v. Gee Estate, 2015 ONCA 206 is relevant to

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McInnes Cooper’s Danielle Kershaw in LIANSWERS: Final Form of New NS Limitation of Actions Act – ‘Sudden Death’ Limitation is Out for Personal Injury Claims
By Danielle Kershaw March 31, 2015

Our lawyers believe it’s important to contribute to professional education and to stay abreast of legal developments.   In her article, Final Form of New NS Limitation of Actions Act: “Sudden Death” Limitation is Out for Personal Injury Claims, McInnes Cooper’s Danielle Kershaw reviews the final form of the new NS Limitations of Actions Act – the

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Legal Update: Keeping Pace – 5 FAQs About Workplace Sex Discrimination
By Dominique Fontaine March 31, 2015

Women make up close to half of the employed workforce (according Statistics Canada’s 2009 data, the most recent available). You might assume, then, that discrimination on the basis of “sex” is a thing of the past. But data from human rights commissions suggest women are disproportionately represented in sex discrimination complaints. For example, the NB

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McInnes Cooper’s Kiersten Amos in Plans & Trusts – Building Momentum: Pooled Registered Pension Plans
By Kiersten Amos March 30, 2015

Our lawyers not only stay current with the law as it it; they also stay current with where it’s going and how that will affect our clients’ businesses. In Kiersten Amos’s article, Building Momentum: Pooled Registered Pension Plans as published in Plans & Trusts, Volume 33 Number 1,  January/February, 2015, Kiersten takes a look at where Pooled Registered Pension

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Legal Update: The Value of Hindsight – 3 Steps to Help Financial Advisors Avoid Client Claims and Complaints
By A. Douglas Tupper March 30, 2015

Hindsight is 20/20. Lawyers can’t always predict the outcome of a legal claim. But when a dispute between an investment client and her financial advisor actually reaches a court or a regulatory hearing, the client usually wins and the financial advisor usually loses – unless there’s a good paper trail of what the advisor said

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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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