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Legal Alert: NS Court of Appeal Confirms Dominant Purpose Test for Litigation Privilege – And Highlights the Risk of Multi-tasking Experts in Hatch Ltd. v. Factory Mutual Insurance Company
By Ian Dunbar, Katie Archibald June 29, 2015

On June 24, 2015 the NS Court of Appeal confirmed that the dominant purpose test is still the test to determine whether a litigant is entitled to claim litigation privilege over documents.  In Hatch Ltd. v. Factory Mutual, the Court confirmed a fact-specific analysis is required when applying the test, a task made more difficult

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Legal Alert: SCC Confirms Concluded Contact Requires Unconditional Terms – and Broker Doesn’t Bag the Commission in Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc.
By James C. Mosher June 26, 2015

On June 25, 2015 the Supreme Court of Canada confirmed that for a contract to be “concluded”, it must be – or become – unconditional. And when a buyer responds with a further condition, the contract isn’t concluded and in this case, the broker couldn’t bag its commission. The question of whether a contract is

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Legal Update: Keep Calm & Plan – 2 Key Changes to Trust Taxation Effective in 2016
By Catherine D. A. Watson, Sarah Dykema June 26, 2015

Looks like it’s really going to happen. The trust taxation changes the Federal Government announced in 2013, and proposed and enacted in 2014, will take effect in the 2016 tax year: graduated tax rates for testamentary trusts  will be eliminated and the tax burden of life interest trusts (such as spousal, alter ego and joint

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Legal Update: 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally
By Bradley D J Proctor , Kyle MacIsaac June 25, 2015

Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not everyone knows that the company’s directors, officers and supervisors share many of those OHS obligations and liability risks. Here are 3 reasons for everyone – particularly directors, officers and supervisors – to

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Legal Alert: Nova Scotia Goes Its Own Way – Future CPP Disability Benefits Deductible Under SEF 44 in Portage Le Prairie Mutual Insurance Company v. Sabean and Hallett
By Ian Dunbar, Sheila Strong June  8, 2015

On June 4, 2015, the NS Court of Appeal decided the value of future CPP disability benefits is deductible under the SEF 44 family protection endorsement because they fall into the definition of “any policy of insurance providing disability benefits or loss of income benefits”. The decision changes the law in NS, diverging from the

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McInnes Cooper’s Sarah Dykema in STEP Inside: Sibling Strife in Applications to Remove Attorneys and Personal Representatives
By Sarah Dykema June  5, 2015

Our lawyers believe it’s important to participate in our clients’ industry organizations. McInnes Cooper lawyer Sarah Dykema, TEP is a member of STEP Canada, the Society of Trust and Estate Practitioners (Canada). In her recent article, Sibling Strife in Applications to Remove Attorneys and Personal Representatives, Sarah examines the test the NS Supreme Court applied in applications

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McInnes Cooper’s Hugh Wright & Rhea McGarva in Taxnet Pro™: More Regulation – 9 Key Changes to NS Pension Regime Effective June 1, 2015
By Hugh Wright, Rhea McGarva June  5, 2015

Our lawyers tell you not just what’s new; they also tell you how it affects you. In Hugh Wright and Rhea McGarva’s article, More Regulation – 9 Key Changes to NS Pension Regime Effective June 1, 2015 , Hugh and Rhea discuss the 9 key changes to the NS pension regime that take effect on June 1,

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Legal Update: More Regulation – 9 Key Changes to NS Pension Regime Effective June 1, 2015
By Hugh Wright, Rhea McGarva June  3, 2015

On June 1, 2015, the new Nova Scotia Pension Benefits Act (and related Regulations), on the books since 2011, at long last took effect.  The new Act, principally modelled on the Ontario Pension Benefits Act (with some differences), introduces a higher level of regulation. The Act and Regulations increased from 161 to 267 pages, adding

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Legal Update: The New NS Missing Persons Act – 5 Privacy Implications for Businesses, Organizations & Public Bodies
By David Fraser June  2, 2015

Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access records and premises of practically every business, organization and public body in NS. Understandably, most attention has focused on the potential impact on missing persons and their families. Various groups have

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MC Business Solutions Wendy MacIntyre in The Chronicle Herald’s Cream: The Road to Strategic Human Resources
By Wendy MacIntyre May 25, 2015

Most organizations have a strategic plan to guide them in successfully meeting their mission and responding to change – organizational, technological, global and legal. Organizations routinely map out financial plans to ensure they achieve their goals and minimize risk exposure; workforce plans are not as common – but just as important.   Strategic Human Resources

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Legal Update: Tread Carefully – 10 Considerations for Right of Way Agreements
By A. Douglas Tupper May 25, 2015

Every party to a Right of Way has some idea of what that Right of Way is – but many times, those ideas are different. This failure to clarify what both parties actually intended can be a road to lengthy, costly, and acrimonious disputes between the current or subsequent owners of the road, and people

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McInnes Cooper’s David Fraser & Trent Skanes in Construction Law Letter: Complying with Canada’s Anti-Spam Legislation (CASL) – A Blueprint for the Construction Industry
By David Fraser, Trent Skanes May 22, 2015

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.    Read McInnes Cooper lawyers David Fraser and Trent Skanes‘ article “Complying

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Legal Update: Positive Onus on Sellers – 3 Key Changes to Prospectus Exemption Rules & 3 Compliance Tips
By Basia Dzierzanowska , Danielle Daigle May 22, 2015

On May 5, 2015, the Canadian Securities Administrators (CSA) adopted amendments to National Instrument 45-106 Prospectus Exemptions (“NI 45-106”) changing the accredited investor and minimum amount exemptions – and squarely placing a positive onus on securities issuers and sellers to make sure an investor actually qualifies for the exemption. The Ontario Securities Commission adopted similar

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Legal Alert: School Board Powers Only as Broad as Province Delegates – Including Charter Minority Language Educational Rights in Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General)
By Kiersten Amos May 19, 2015

On May 14, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedoms’ guarantee of minority language educational rights doesn’t give a school board the unilateral power to admit students to a French Language School other than those who are “eligible” under the relevant provincial legislation.   The SCC’s decision

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Legal Alert: Can you Measure Equality? SCC Puts Substance Into Minority Language Educational Rights in Association des parents de l’école Rose des vents v. British Columbia (Education)
By Marie-Claude Blais April 27, 2015

On April 24, 2015 the Supreme Court of Canada decided the Canadian Charter of Rights and Freedoms’ guarantee of minority-language educational rights protects substantive equality of minority-language education, not merely formal equality – and this is measured by the quality of the educational experience, not costs and practicalities. The SCC’s decision moves minority-language educational rights

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