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Legal Update: The Top 5 Corporate Governance Best Practices That Benefit Every Company
By Colleen P. Keyes September 16, 2014

Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from, implementing corporate governance practices. The reality is that all companies – big and small, private and public, early stage or established – compete in an environment where good governance is a business imperative.

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Legal Update: Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16
By Barry Horne September 11, 2014

The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents not residing in a treaty country interposing a treaty resident entity between it and a Canadian source of income. On August 29, 2014 the Canadian government shelved its proposal for a domestic treaty shopping rule pending

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Legal Alert: Changes to NB Rules of Court Effective October 1, 2014 Benefit Successful Party
By Richard J. Scott, Shivani Chopra September  9, 2014

Effective October 1, 2014, the New Brunswick Rules of Court will change – some Rules for the first time since they came into effect in 1982. All litigants will experience increased out-of-pocket disbursements during trial preparation, and the discretion given to the assessing officer to increase some amounts will allow more of the actual costs

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McInnes Cooper’s Chris MacIntyre in Internet and E-Commerce Law in Canada: Joining the Crowd – Nova Scotia and New Brunswick Considering Crowdfunding
By Chris MacIntyre September  9, 2014

Crowdfunding is an increasingly popular way for small and medium sized businesses and start-ups to raise capital – and it’s caught the attention of Canadian securities regulators. Recently, NS and NB securities regulators joined those of three other Canadian Provinces to propose a regulatory framework customized for crowdfunding.   Read McInnes Cooper lawyer Chris MacIntyre’s

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Legal Update: PEI Amends Insurance Act’s Schedule B and Cap Provisions
By D. Shannon Farrell September  4, 2014

The province of PEI recently enacted Bill 46, An Act to Amend the Insurance Act. The amendments to the PE Insurance Act (Act) are expected to apply to all motor vehicle accidents occurring after October 1, 2014, although the date on which the amendments will take effect is not yet set. The amendments include several

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Legal Alert: Nova Scotia Pension Regulator to Move to a New Provincial Department
By Kiersten Amos August 27, 2014

Effective September 1, 2014, all Nova Scotia provincial pension services currently assigned to the NS Department of Labour and Advanced Education or its Minister, will be moved to the Department of Finance and Treasury Board or its Minister.   The NS Pension Regulation Division, which is responsible for administering and enforcing the Nova Scotia Pension

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Legal Update: New Brunswick Election Day – A Reminder Of Employer Obligations
By Dominique Fontaine August 22, 2014

  On Monday, September 22, 2014 – one month from today – New Brunswickers will head to the polls to cast their vote for their political candidate of choice. The NB Elections Act gives employees certain rights – and imposes certain obligations on employers – to make their ability to vote meaningful:   Time to

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Legal Update: Court Delivers Clear Ruling on Renewal, Amendment and Disability Plan Limitation Periods
By Michelle Awad August 13, 2014

Recently, the NS Supreme Court decided to dismiss three motions by an insured – and grant the insurer’s Motion for Summary Judgment – offering a helpful review of both the NS Civil Procedure Rules for amending and renewing actions, and limitation periods applicable to disability plans:   Renewal of Notice of Action and Statement of

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Legal Update: Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention
By David Fraser August  1, 2014

Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to “consent” to the sender continuing to send us electronic communications. But what about organizations and people outside of Canada? They may have deleted them assuming they don’t apply to them – in which case, they could

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Legal Update: PE Court Of Appeal Says “Knowledge” Not “Notice” Of Lien Sufficient For Priority Over Subsequent Mortgage
By Tamzin Gillis July 31, 2014

On July 9, 2014, the Prince Edward Island Court of Appeal released its much awaited decision in BMO v. 100875 P.E.I. Inc. The decision will have a significant impact on PE’s construction industry and its financiers going forward.  The Court of Appeal was asked to determine whether, based on the specific facts, the lienholder or

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Legal Update: SCC Says Province has “Crown” Powers (and Obligations) in Traditional Aboriginal Treaties
By Patricia MacIver, Harvey L. Morrison July 15, 2014

On July 11, 2014, the Supreme Court of Canada confirmed that the “Crown” in historical treaties with First Nations groups includes both the provincial and the federal governments, and the provincial Crown has both the “Crown’s” obligations and rights under them – and can exercise these rights (subject to  constitutional limitations) without the federal Crown’s

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Legal Update: Canada’s Temporary Foreign Worker Program Overhaul
By Mercy Motey July  9, 2014

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement and compliance mechanisms, the overhaul increases the restrictions on Canadian employers’ use of temporary foreign workers – and Canadian employers will face additional challenges hiring temporary foreign workers going forward:   Two Programs. The International

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Privacy & Technology Lawyer David Fraser’s Google Hangout Video: The New Canadian Anti-SPAM Law (CASL) and Your Business
By David Fraser June 26, 2014

The new Canadian Anti-Spam Law (CASL) takes effect on July 1, 2014.  CASL is broad and complicated. Watch leading Canadian Privacy and Technology Lawyer David Fraser of McInnes Cooper’s Google Hangout video about CASL and how it will affect your business.  

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Legal Alert: SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada
By Carole Chan June 26, 2014

On June 26, 2014, in a groundbreaking decision on Aboriginal title, the Supreme Court of Canada (SCC) significantly elaborated on the legal test for Aboriginal title in Canada – and decided that where there is Aboriginal title to land, the government must seek the consent of the title-holding Aboriginal group to proceed with developments on

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Legal Update: Court Voids Testamentary Bequest To Neo-Nazi Group As Against Public Policy – What About Life Insurance Bequests?
By David Graves June 26, 2014

On June 5, 2014 the NB Court of Queen’s Bench decided the gift an NB man left to the US-based National Alliance (NA) in his will is void because both the information the NA disseminates and the NA’s purpose are against public policy.   The decision makes it clear that there are limits to both

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