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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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Legal Update: PIPEDA Leaves Lender Out in the Cold in Royal Bank of Canada v. Trang – 5 Reasons to Review Your Loan Agreement
By Chris Lirette, Thomas Raffy December 23, 2014

On December 9, 2014, the Ontario Court of Appeal decided that the Protection of Personal Information and Electronic Documents Act (PIPEDA) prevents a mortgagee from disclosing the mortgagor’s discharge statement to another lender – even when that lender has a judgement against the mortgagor – without either the mortgagor’s express consent or a specific court order. The decision

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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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