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Legal Alert: On Their Own – SCC Confirms Penalized Tax Preparers & Planners Don’t Get Charter Protection in Income Tax Act Proceedings in Guindon v. Canada, 2015 SCC 41
By Megan Seto July 31, 2015

On July 31, 2015 the Supreme Court of Canada decided that proceedings under Canada’s Income Tax Act (ITA) are administrative, not criminal, and a penalty imposed under it is not a “true penal consequence” – and the person on whom such a penalty is imposed doesn’t get the protection of Canadian Charter of Rights and

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Legal Alert: Beneficiary’s Purpose Matters – Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal in McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill (aka McCorkell), Deceased
By Marc-Antoine Chiasson July 30, 2015

On July 30, 2015 the NB Court of Appeal decided the invalidation of an NB man’s gift to US-based National Alliance (NA) in his will, because the information the NA disseminates and its purpose are against Canadian public policy, will stand. It’s rare that courts interfere with a person’s freedom to choose to whom to

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Legal Alert: A Glimpse Into The Future of Privacy Law – Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen
By Jane O'Neill, David Fraser July 29, 2015

On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government alleging Health Canada violated their privacy rights is an appropriate case for a class action and can proceed as such. This latest decision is still a preliminary, though critical, procedural step – but offers

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McInnes Cooper’s Wylie Spicer in France Forum: The Importance of the Oceans to Canada
By Wylie Spicer July 28, 2015

Our lawyers think globally because our clients do. McInnes Cooper’s Wylie Spicer is internationally recognized for his Maritime Law and Energy & Natural Resources knowledge and skills. In his article The Importance of the Oceans to Canada, Wylie examines the important role of the oceans to Canada’s energy and natural resources sector, how use of

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Legal Alert: Bad Faith & Production of an Insurer’s Business Information – 4 Key Implications of the NB Court of Appeal’s Decision in Wade v. Wawanesa Ins. Co.
By Brian Perry July 21, 2015

On July 16, 2015, the New Brunswick Court of Appeal ordered an insurer to produce a significant amount of its financial and business information to a plaintiff in a first party claim involving bad faith and punitive damages. The decision may impact how insurers – particularly automobile and disability insurers – defend claims of bad

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Legal Update: The Changing Face of Aboriginal Law – 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector
By Jeffery Callaghan July 17, 2015

On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how they’ve changed the face of Aboriginal law in Canada, and the three key implications they hold for Canada’s energy and natural resources sector.    ONE YEAR & TWO SIGNIFICANT

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Legal Update: Looking For Investment? 5 Investee FAQs About Atlantic Canada’s Small Business Investor Tax Credit Programs
By Adel Gönczi, Julie Robinson, Nick Whalen, Ryan Baxter July 14, 2015

Are you an Atlantic Canadian entrepreneur pitching for investment in your small business?  You might want to consider adding a tax credit benefit for investors to your pitch by registering your business under one of Atlantic Canada’s provincial investor tax credit programs. Every Atlantic Canadian Province has some form of an investor tax credit program: 

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Legal Update: Aboriginal Law – The Duty to Consult on the East Coast
By Michael Connors July 10, 2015

Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending on the Provincial context.  New Brunswick. Consultation in NB is often complicated by the large number of varying interests at play, the fact that the Peace and Friendship Treaties are still being

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Legal Update: Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc.
By Carole Chan, Jeffery Callaghan July 10, 2015

On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights against the government – or against any other party, like private industry – even if those rights haven’t yet been recognized by any court or formal agreement with the Crown. The decision could

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McInnes Cooper’s Darren Stratton & Megan Sheppard in The Chronicle Herald’s Cream: Bad Faith & Unfair Dealing in Employee Dismissal Part 1 – From “Wallace” to “Moral” Damages
By Darren Stratton, Megan Sheppard July  6, 2015

It’s been seven years since the Supreme Court of Canada last visited compensation for employers’ conduct in the manner of employee dismissal. Where does compensation for the employer’s conduct in dismissing an employee stand now?   In Part One of their two part article, McInnes Cooper lawyers Darren Stratton and Megan Sheppard take a look at

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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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