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Legal Alert: NS Court of Appeal Cuts Punitive Damages by 88% in Industrial Alliance Insurance and Financial Services Inc. v. Brine
By Michelle Awad November 20, 2015

On November 17, 2015 the NS Court of Appeal made it clear that the quantum of damages to be awarded to an insured for breach of the duty of good faith has limits when it reduced the global damages the trial judge had awarded by 75%.  The punitive damages award was reduced by 88%.  The

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Legal Update: Nova Scotia’s New Electricity Plan – 3 Key Themes
By Sara Mahaney, James MacDuff November 17, 2015

On November 9, 2015, the Province of Nova Scotia released its Electricity Plan for 2015-2040, titled Our Electricity Future: Nova Scotia’s Electricity Plan.  Here’s a snapshot of the three key themes and changes that NS electricity producers, consumers – and start-ups – can expect in the short and the long term.    1.  An Innovation

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Legal Alert: SCC Decides Provincial Legislation is Inoperative – and Leaves Insurers Out in the Cold in Alberta (Attorney General) v. Moloney
By John Kulik, Katie Archibald November 16, 2015

On November 13, 2015, the Supreme Court of Canada ruled that provisions in provincial motor vehicle legislation providing that a person’s driver’s licence will remain suspended for failing to pay a judgment arising from a motor vehicle accident even after bankruptcy are invalid and of no force and effect – and leaving insurers out in

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Legal Alert: SCC Confirms Federal Paramountcy Test Still Applies – For Now in Alberta (Attorney General) v. Moloney, 407 ETR Concession Co. v. Canada (Superintendent of Bankruptcy) and Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd.
By Benjamin Durnford, Natalie Stewart November 16, 2015

On November 13, 2015, the Supreme Court of Canada (SCC) confirmed, in a series of three decisions, that any provincial law that is operationally inconsistent with the federal bankruptcy scheme, or that frustrates its rehabilitative purpose, is of no force and effect – but left the future of the federal paramountcy test to be addressed

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Legal Update: PEI’s New Direct Compensation for Property Damage (DCPD) Regime Effective October 1, 2015 – 5 Insurer FAQs
By D. Shannon Farrell, Alexandra Dalton October 21, 2015

Effective October 1, 2015, PEI joined several other Provinces, including NB and NS, and adopted a new Direct Compensation for Property Damage (DCPD) regime. The new regime will change how insurers compensate their insureds for property damage incurred in automobile accidents for which the insured is not at fault and should reduce litigation with third

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Legal Update: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups & SMEs
By Chris MacIntyre, Danielle Daigle October 19, 2015

Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small and medium sized businesses. There are several typical sources of capital from which start-ups and SMEs can choose. Equity-based funding can be a bit tricky to navigate because of the securities law

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Legal Alert: Trans-Pacific Partnership Agreement (TPP) Expands Export / Import Opportunities
By Megan Seto, Robb Baird October  6, 2015

On October 5, 2015, the Canadian government agreed to the historic Trans-Pacific Partnership Agreement. Billed by trade and cross border specialists as a “deal of a generation”, this new free trade agreement will significantly expand the potential importing and exporting partners and opportunities for many Canadian businesses – both large and small.   Here’s a

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Legal Update: The Sandwich Generation – 5 Employer FAQs About “Family Status” Accommodation
By Amanda Nash October  6, 2015

Membership in the “sandwich generation” no longer means an employee who brown bags her lunch; it means one who’s squeezed between raising her children on one side, while at the same time caring for her aging parents on the other side. And with school back in, and cold and flu season just around the corner,

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McInnes Cooper’s Trent Skanes in Charlottetown’s Chamber Business Magazine: Canada’s Anti-Spam Legislation (CASL) – The Top 3 Lessons Organizations Can Learn from Year 1
By Trent Skanes October  2, 2015

Our CASL Team has helped clients create and implement Canadian privacy legislation compliance programs – including for Canada’s Anti-spam Legislation (CASL). In his recent article, McInnes Cooper’s Trent Skanes takes a look at the first year of CASL enforcement and identifies the three lessons that every organization should learn from the non-compliance of others. Read Trent’s article, Canada’s Anti-Spam Legislation (CASL): The

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McInnes Cooper’s Darren Stratton and Megan Sheppard in Management Rights Journal: Bad Faith and Unfair Dealing in Employee Dismissal: Seven Lessons in Seven Years
By Darren Stratton, Megan Sheppard October  2, 2015

Our Labour and Employment lawyers understand it’s important for employers to track bigger trends in employment law and understand their practical impact. McInnes Cooper lawyers Darren Stratton and Megan Sheppard have tracked compensation for an employer’s conduct in dismissing an employee in the seven years since the Supreme Court of Canada last visited the issue, and offer seven lessons

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Legal Update: Canada’s Anti-Spam Legislation (CASL): The Top 3 Lessons Businesses Can Learn from Year 1
By Trent Skanes September 29, 2015

The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were they justified? Maybe. Here are the top three lessons that organizations can learn with the first year of CASL under our belts:   Take it Seriously. Between March 5 and June 29, 2015, the

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McInnes Cooper’s Greg MacLean in the GMCC’s Chamber Vision: Ask the Expert – How Should I Structure My Business?
By Gregory A. MacLean September 28, 2015

Our lawyers understand that small business is the backbone of Atlantic Canada’s economy. Helping Atlantic Canadian business grow is among our greatest accomplishments. One of the first decisions a small business owner must make is how to structure the business. In this practical article, McInnes Cooper lawyer Greg MacLean talks about the three most common ways to

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McInnes Cooper’s Shivani Chopra in The Chronicle Herald’s Cream: Voting in Canada – A Reminder of Employers’ Obligations to Employees
By Shivani Chopra September 25, 2015

Our lawyers strive to provide you with relevant and practical information. On Monday, October 19, 2015,  Canadians will head to the polls to elect members to the House of Commons of the 42ndParliament of Canada. The Canada Elections Act gives certain rights to employees – while imposing certain obligations on employers – on polling day to make their

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Legal Alert: Liens v. Trust Claims – SCC Says Filing a Lien Bond Does Not Preclude Trust Remedy in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
By Harvey L. Morrison, John Kulik, John V. O'Dea, Matthew T. Hayes September 21, 2015

On September 18, 2015 the Supreme Court of Canada confirmed, in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, that subcontractors have two separate and distinct rights under the Manitoba Builder’s Lien Act: (1) to file a lien claim against the land; and/or (2) to make a  statutory construction trust claim. The filing of

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McInnes Cooper’s Atlantic Canada Lien Legislation Chart
September 21, 2015

Our lawyers have compiled this convenient chart of comparing the key construction lien legislation provisions across Atlantic Canada. View the chart here.

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